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United States: Welsh Government Not Immune from Copyright Lawsuit for Using Dylan Thomas Photos in Tourism Ads

(June 23, 2020) On June 8, 2020, the U.S. Court of Appeals for the Second Circuit affirmed a lower court decision that the Welsh government is not immune under the Foreign Sovereign Immunities Act (FSIA) from a private lawsuit alleging claims of copyright infringement because of the commercial-activity exception to the FSIA. (Pablo Star Ltd. […]

United States: Appellate Court Orders Dismissal of Palestinian Suicide Bomb Case on Procedural Grounds

(May 27, 2020) On April 14, 2020, the Court of Appeals for the District of Columbia Circuit determined that civil claims against the Palestinian Authority and the Palestine Liberation Organization (the Palestinian defendants) by victims of a suicide bombing could not withstand a procedural challenge to personal jurisdiction. (Shatsky v. Palestine Liberation Org., No. 17-7168, […]

United States: Executive Branch Recommends Revocation of China Telecom’s License to Operate as an International Common Carrier in the United States

(Apr. 23, 2020) On April 9, 2020, the executive branch filed a recommendation to the Federal Communications Commission (FCC) to revoke and terminate China Telecom (Americas) Corporation’s authorization to operate as a common carrier in the United States. The recommendation was the product of collaboration between the Departments of Justice, Homeland Security, Defense, State, and […]

United States: Supreme Court Clarifies Standard for Determining Child’s Country of Habitual Residence, Affirms Return of Child to Italy

(Mar. 5, 2020) The U.S. Supreme Court recently endorsed a “totality of the circumstances” test for determining a child’s habitual residence under the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention). The Court also held that a trial court’s determination of habitual residence is entitled to deferential appellate review and should […]

United States: New York State Appellate Court Upholds Order for Return of Nazi-Looted Art

(Aug. 22, 2019) On July 9, 2019, the New York Appellate Division upheld a lower court’s decision ordering defendant Richard Nagy to return two pieces of art to the heirs of Fritz Grunbaum, a Jewish Viennese performance artist and art collector who was imprisoned and murdered by Nazis during the Holocaust. (Reif v. Nagy, No. […]

United States: Federal Appellate Court Restores Lawsuit Against French Bank by Victims of Sudanese Regime’s Atrocities

(June 6, 2019) The US Court of Appeals for the Second Circuit recently revived a tort lawsuit brought by victims of the Sudanese regime’s atrocities against BNP Paribas (BNPP), a French bank convicted in 2015 of evading US sanctions on Sudan.  (Kashef v. BNP Paribas SA, No. 18-1301 (2d Cir. 2019) (Kashef), US Court of […]

United States: Federal Appellate Court Rejects Suit to Hold Bank Liable for Soldier’s Death by Iranian Explosive in Iraq

(Jan. 2, 2019) The US Court of Appeals for the Seventh Circuit recently affirmed a lower court’s decision to dismiss plaintiff Rhonda Kemper’s complaint against Deutsche Bank (the Bank) for failure to state a claim under 18 U.S.C. § 2333, commonly referred to in judicial opinions as the Anti-Terrorism Act (ATA). (Kemper v. Deutsche Bank […]

United States: Federal Appellate Court Orders That Siblings Wrongfully Removed to United States Be Returned to Panama

(Nov. 28, 2018) On November 20, 2018, the US Court of Appeals for the Eleventh Circuit ordered that two ten-year old siblings who were wrongfully removed by their mother to the United States four years ago be returned to Panama. (Fernandez v. Bailey, No. 16-16387 (11th Cir. 2018) (Fernandez 2018), US Court of Appeals for […]