State Presumptions Against Extraterritoriality Apply to State Statutes
At TLB, we write a lot about extraterritoriality in general and about the federal presumption against extraterritoriality in particular. For the last three decades, the federal presumption has been the principal tool that courts have used to determine the geographic scope of federal statutes. But what if the statute in question is a state statute?…
Continue ReadingCVSG in Chabad v. Russian Federation: Another Question of Foreign State Immunity
On June 2, 2025, the Supreme Court called for the views of the Solicitor General (“CVSG”) in Chabad v. Russian Federation. In Chabad’s petition for certiorari, the question presented is whether the Foreign Sovereign Immunities Act (FSIA)’s expropriation exception applies to a foreign state if the expropriated property—or property exchanged for it— is located outside…
Continue ReadingSCOTUS Rules for Gun Manufacturers in Mexico Suit but Denies Blanket Immunity
This article was first published on Just Security. Prior TLB coverage of the case can be found here. On June 5, in Smith & Wesson Brands Inc., et al. v. Estados Unidos Mexicanos, the U.S. Supreme Court unanimously ruled that Mexico’s lawsuit against seven U.S. gun manufacturers and one distributor is barred by the immunity…
Continue ReadingFederal Circuit Revives Afghanistan Lease Dispute
In a recent decision, Lessors of Abchakan Village v. Secretary of Defense, the Federal Circuit reversed the Armed Services Board of Contract Appeals (the “Board”) and revived a claim by Afghan villagers for $28 million in unpaid rent on a lease for a U.S. military base. Whether the villagers or the Government of Afghanistan owned…
Continue ReadingDoes the Securities Exchange Act Apply to Short-Swing Profits Abroad?
Section 16(b) of the Securities Exchange Act requires statutory “insiders” of companies that are registered with the Securities Exchange Commission (SEC)—such as officers, directors, and certain beneficial owners—to disgorge profits from “short-swing” trading within a six-month period. It is a strict liability provision that does not depend on the insiders’ intent. On May 23, 2025,…
Continue ReadingSecond Circuit Finds Provision of New York Convention Self-Executing
The Constitution’s Supremacy Clause states that “all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land,” but the U.S. Supreme Court has long distinguished between self-executing and non-self-executing treaties. Self-executing treaty provisions are effective as federal law without implementing legislation. Non-self-executing treaty…
Continue ReadingHalkbank Files New Cert Petition
Halkbank, a Turkish state-owned bank accused of violating U.S. sanctions on Iran, filed a petition for certiorari last week seeking a second chance to convince the Supreme Court that it is immune from criminal prosecution in the United States. In its first trip to the Court, back in 2023, Halkbank argued that it was entitled…
Continue ReadingCVSG in Wye Oak v. Republic of Iraq: Is it Time to Resolve the FSIA “Direct Effect” Circuit Split?
On April 28, 2025, the Supreme Court called for the views of the Solicitor General (colloquially a “CVSG”) in Wye Oak Tech., Inc. v. Republic of Iraq. This is the latest chapter in a decades-long attempt by Wye Oak (discussed in a separate blog post) to recover damages for the breach of a contract it…
Continue ReadingNinth Circuit Addresses Common Law Immunity from Criminal Prosecution
Two years ago, in Turkiye Halk Bankasi A.S. v. United States (Halkbank) (2023), the U.S. Supreme Court held that the Foreign Sovereign Immunities Act (FSIA) does not apply to criminal proceedings and remanded the defendant’s claim of common law immunity to the Second Circuit. On remand, the Second Circuit deferred to the executive branch’s determination that Halkbank was not…
Continue ReadingFederal Court Issues Worldwide Anti-Enforcement Injunction
Last month, Judge Edward Davila (Northern District of California) granted a motion by Google for a rare type of equitable relief: a worldwide anti-enforcement injunction. In Google v. Nao Tsargrad Media, a Russian media company obtained a judgment against Google in Russia and then began proceedings to enforce it in nine different countries. Arguing that…
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