New Article Argues that the Helms-Burton Act Has Backfired
In an article recently posted on SSRN, Gergana Sivrieva surveys cases filed under Title III of the Helms-Burton Act for trafficking in expropriated property. She shows that, surprisingly, the principal defendants have not been foreign companies investing in Cuba but rather U.S. companies with only attenuated connections to such property. Congress passed the Helm-Burton Act…
Continue ReadingLitigating a Russian Bond Default
The Russian invasion of Ukraine, and the sanctions imposed in response by the United States and other governments, have fueled expectations of a Russian sovereign debt default. Despite the Russian government’s recent coupon payments on two dollar bonds and apparent desire to avoid default, prices remain in deeply distressed territory. As often happens in such…
Continue ReadingS.D.N.Y. Holds Consent-Based Personal Jurisdiction over the PLO Unconstitutional
The Southern District of New York recently held in Fuld v. Palestine Liberation Organization that a federal statute subjecting the Palestine Liberation Organization (“PLO”) to personal jurisdiction violates the Due Process Clause of the Fifth Amendment. The case adds to a growing list of important due process questions in transnational litigation.
Continue ReadingA Primer on Foreign Judgments
In the United States, the recognition and enforcement of foreign-country judgments is generally governed by state law. Nevertheless, the law on foreign judgments is fairly uniform throughout the United States because most states have adopted one of two Uniform Acts. These Acts establish a presumption that final, conclusive, and enforceable foreign judgments are entitled to…
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