Recent Cases

One More Thought on Halkbank

The recent Supreme Court argument in Türkiye Halk Bankasi A.S. (Halkbank) v. United States has captivated the transnational litigation community. Experts have weighed in in many forms, including on this blog. In this post, I want to add one more thought that I have not seen raised in this context. Even if the Court decides…

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D.C. Circuit Holds that Whistleblower Provision Does Not Apply Extraterritorially

In Garvey v. Administrative Review Board, the D.C. Circuit held that a whistleblower provision in the Sarbanes-Oxley Act did not apply to alleged retaliation against an employee in Hong Kong by a subsidiary of a U.S. investment bank. The opinion carefully applies the Supreme Court’s two-step framework for the presumption against extraterritoriality to the whistleblower…

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The Media Coverage of Turkiye Halk Bankasi, in Review

Last week, the Supreme Court heard oral arguments in Turkiye Halk Bankasi A.S. v. United States, a criminal case originating in the Second Circuit. The defendant, Turkiye Halk Bankasi A.S. (“Halkbank”), is a foreign state-owned commercial bank, headquartered in Istanbul, and a subsidiary of the Turkish government’s sovereign wealth fund. Charged with laundering over $1…

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Executive Control Versus “Deference” in Halkbank

On January 17, the Supreme Court heard oral argument in Turkiye Halk Bankasi A.S. v. United States(Halkbank) on whether the Foreign Sovereign Immunities Act (FSIA) applies to criminal prosecutions. One argument advanced by the government in Halkbank (and other immunity cases) is that the executive branch has absolute control over immunity determinations not governed by…

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Seeking Second Circuit Review of Service in Smart Study

The plaintiff in Smart Study has attempted to appeal Judge Woods’ careful decision concluding that the Hague Service Convention does not permit service by email.

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Oral Argument in Doe v. Apple

Last week, the D.C. Circuit heard oral argument in Doe v. Apple, a case brought by victims of forced labor and human trafficking against five U.S. technology companies. The plaintiffs are children or family members of children who were injured or killed mining cobalt in the Democratic Republic of the Congo. The defendants—Apple, Alphabet, Microsoft,…

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District Court Dismisses Killing Claims Against MBS

Yesterday, the District Court for the District of Columbia (Judge John Bates) dismissed a lawsuit brought by Democracy in the Arab World Now (DAWN) and the widow of journalist Jamal Khashoggi, who was brutally murdered by security agents at the Saudi embassy in Istanbul. The plaintiffs sued Saudi Crown Prince Mohammed bin Salman (MBS) and…

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The FSIA “Two Step”—Venue in Enforcement Actions Against Foreign States

When a party holding a foreign judgment or arbitral award wants to enforce the judgment or award against assets in the United States, it normally brings an enforcement action in the jurisdiction where the assets are located. But when the judgment debtor is a foreign state, the venue provision of the Foreign Sovereign Immunities Act…

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Recapping Media Coverage of Mallory

Last Tuesday, the Supreme Court heard oral arguments in Mallory v. Norfolk Southern Railway Co., a personal jurisdiction case on review from the Pennsylvania Supreme Court. Robert Mallory, a Virginia resident employed in Virginia and Ohio, sued Norfolk Southern, then based and incorporated in Virginia, in Pennsylvania state court. The case asks the Supreme Court…

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Lower Court Grapples with Supreme Court Ruling on Section 1782 and Investor-State Arbitration

Back in June 2022, the U.S. Supreme Court resolved a circuit split on the applicability of Section 1782’s discovery tools for private commercial arbitration, and simultaneously addressed a related issue of Section 1782’s use in investor-state arbitration. The investor-state issue came to the Court in the case of AlixPartners LLP v. The Fund for Protection…

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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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