NSO Group v. WhatsApp

Case Brought by Jamal Khashoggi’s Widow Dismissed

Hanan Elatr Khashoggi sued Israeli spyware companies in connection with the death of her husband, journalist Jamal Khashoggi.  A critic of the Saudi government, Khashoggi was killed in Istanbul, Turkey at the Saudi Arabian consulate.  Last year, Judge John Bates (D.D.C.) dismissed a civil suit against Saudi Crown Prince Mohammed bin Salman on grounds of…

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Supreme Court Denies Cert in NSO v. WhatsApp

Today, the Supreme Court denied cert in NSO Group Technologies Ltd. v. WhatsApp Inc. The order lets stand a Ninth Circuit decision holding that entities that do not meet the Foreign Sovereign Immunities Act’s (FSIA) definition of an “agency or instrumentality” of a foreign state cannot claim immunity under federal common law. (Disclosure: I joined an amicus brief…

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Solicitor General Recommends Denial of Cert in NSO v. WhatsApp

On November 21, the Solicitor General (SG) filed a brief recommending that the Supreme Court deny cert in NSO Group Technologies Ltd. v. WhatsApp Inc. NSO, an Israeli company that makes surveillance technology, claims that it is entitled to immunity from suit under federal common law because it acted as the agent of foreign states….

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Can Corporations Claim Foreign Official Immunity?

In a recent cert petition, the Israeli company NSO Group asks the Supreme Court to consider whether corporations are entitled to conduct-based immunity when they act as agents of foreign governments. The Ninth Circuit answered no to that question, reasoning that the Foreign Sovereign Immunities Act (FSIA) comprehensively covers the immunity of corporations like NSO….

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Melissa Stewart

Georgetown University Law Center
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Matt Slovin

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Noah Buyon

Duke University School of Law
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Will Moon

University of Maryland
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William K. McGoughran

Vanderbilt Law School
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Chimène Keitner

UC Davis School of Law
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Catherine Amirfar

Debevoise & Plimpton LLP
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Justin R. Rassi

Debevoise & Plimpton LLP
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Isabelle Glimcher

Debevoise & Plimpton LLP
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