Law

An Unforeseen Obstacle? How the Doctrine of Foreign Sovereign Immunity May Impede the DOJ’s Enforcement Efforts Against Foreign Actors

This article focuses on the doctrine of Foreign Sovereign Immunity, as promulgated under both the Foreign Sovereign Immunities Act (FSIA) and the common law. The authors use the recent Supreme Court ...
JD Supra

Sovereign Immunity in Managed Care Litigation: Federal Court Rejects Bid by State Plan Administrator to Dismiss Provider Suit

On July 19, the US District Court for the Northern District of Texas denied a motion to dismiss Blue Cross Blue Shield of Texas (BCBSTX), which claimed sovereign immunity in a suit brought by a group ...
IPWatchdog

Ninth Circuit Says Group of Chinese Companies Indicted for Trade Secret Theft Failed Foreign Sovereign Immunity Test

“The mere fact that a foreign state owns and controls a corporation is not sufficient to bring the corporation within the ambit of § 66(g).” – Ninth Circuit A group of Chinese companies struck out for ...
Law

The Perils of Deference: ‘Hulley Enterprises’ and the New Landscape of Sovereign Immunity in the D.C. Circuit

In their International Litigation column, the authors look at the recent Hulley Enterprises decision in which the D.C. Circuit held that a U.S. court must independently determine whether an ...
JD Supra

Supreme Court Resolves Section 544 Sovereign Immunity Question

We have previously blogged about the Tenth Circuit’s decision in United States v. Miller, a case that concerns the relationship between section 544(b)(1) and section 106(a)(1) of the Bankruptcy Code.