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United States: Supreme Court Holds Germany Not Liable for Forced Sale of Artifacts by German Jewish Art Dealers during 1930s

(Feb. 16, 2021) On February 3, 2021, the United States Supreme Court delivered a unanimous opinion in Federal Republic of Germany v. Philipp, holding that heirs to Jewish art dealers whose relics were acquired by the German government during Nazi rule are barred from recovery in United States courts under the Foreign Sovereign Immunities Act (FSIA). […]

United States: Appeals Court Rules Property Claims out of Early 20th Century Acts of Genocide Do Not Satisfy Jurisdictional Requirements in Foreign Sovereign Immunities Act

(Feb. 5, 2021) On September 24, 2020, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s decision dismissing a complaint for lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1602 et seq. (Rukoru v. Federal Republic of Germany, No. 19-609 (2d Cir. Sept. 24, […]

United States: President Signs Law to Provide New Economic Stimulus to Address Pandemic Hardships

(Dec. 28, 2020) On December 27, 2020, President Donald Trump signed into law H.R. 133, a consolidated $2.3 trillion appropriations package, including provisions allocating approximately $900 billion for various economic relief programs to address hardships caused by the coronavirus pandemic. This stimulus package is the first large-scale emergency appropriations legislation of this type that the […]

United States: Cayuga Indian Nation Immune from County Tax Foreclosure Action

(Nov. 6, 2020) On October 23, 2020, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s decision permanently enjoining Seneca County, New York, from foreclosing on the Cayuga Indian Nation’s real property for nonpayment of property taxes on the ground of tribal sovereign immunity. (Cayuga Indian Nation of New York v. […]

International: World Trade Organization Addresses Trade Disputes between Major Trading Powers, Future of Global Trade Governance

(Oct. 19, 2020) In September 2020, at the World Knowledge Forum, an event aimed at “highlighting the importance of knowledge sharing towards a balanced prosperity of the global economy,” Deputy Director-General (DDG) Alan Wolff of the World Trade Organization (WTO) addressed the topics of trade disputes between major trading powers and the future of global […]

United States: Appeals Court Rules Shareholders Not Eligible to Bring Claim under Alien Tort Act When Claim Involves Breach of Fiduciary Duty

(Sept. 14, 2020) The U.S. Court of Appeals for the Second Circuit recently reversed a lower court’s decision to allow an amended complaint in a derivative lawsuit (one allowing shareholders to sue the managers of their company) brought by plaintiff shareholders of Lebanese Canadian Bank (LCB) to support a cause of action (giving a party […]

European Union: Court of Justice Invalidates U.S.-EU Privacy Shield

(Aug. 4, 2020) On July 16, 2020, the Court of Justice of the European Union (CJEU) held that the Privacy Shield Adequacy Decision of the European Commission on personal data transfer from the European Union (EU) to the United States (U.S.) was invalid because the level of data protection in the U.S. was not essentially […]

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: Supreme Court Rules Victims of State-Sponsored Terrorism May Recover Punitive Damages under Foreign Sovereign Immunities Act

(June 2, 2020) On May 18, 2020, the U.S. Supreme Court unanimously held that the Republic of Sudan could be held liable for $4.3 billion in punitive damages related to state-sponsored acts of terrorism that occurred in 1998. (Opati v. Republic of Sudan, No. 17-1268 (May 18, 2020).) Case History In 1998, al-Qaida orchestrated simultaneous […]

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, […]