Attachment of Foreign Sovereign Assets

July 11, 2016

Case Watch: Villoldo v. Cuba

On May 12, 2016, the U.S. Court of Appeals for the First Circuit issued its decision in Villoldo v. Cuba, Case No. 15-1808. In 2008, brothers Afredo and Gustavo Villoldo sued Cuba in Florida state court alleging that, in 1959, […]

March 23, 2016

Article: Lawsuits involving foreign state military

There have been several cases in U.S. courts involving foreign states’ militaries. I highlight several of these cases below to show how even a quintessential foreign sovereign activity – a country’s military conduct – can become involved in U.S. litigation […]

February 29, 2016

Case Watch: Africard v. Niger

On February 4, 2016, Africard Co., Ltd. filed a petition to confirm an arbitration award against the Republic of Niger in the U.S. District Court for the District of Columbia. See Case No. 1:16-cv-196, Dkt. 1. Africard alleges that, in […]

January 22, 2016

Case Watch: Gold Reserve v. Venezuela

In November 2015, I wrote about the case of Gold Reserve, Inc. v. Venezuela, Case No. 1:14-cv-02014. The case is now pending before the appellate court, and Gold Reserve has begun attachment-of-asset proceedings. Here are the details: In 2014, Petitioner […]

March 18, 2015

Article: Argentina v. NML Capital and Its Implications

A decision issued last year by the Supreme Court, Argentina v. NML Capital Ltd., 134 S. Ct. 2250 (2014), has major implications for foreign nations. Simplifying, the Supreme Court held that foreign state assets are not immune from post-judgment discovery. […]

February 23, 2015

Case Watch: Miminco LLC v. Congo

On February 9, 2015, in Miminco LLC v. Democratic Republic of the Congo (“DRC”), 1:14-cv-01987, the U.S. District Court for the District of Columbia ordered a $13 million ICSID award against the DRC to be recognized as if it were […]

October 22, 2014

Event: Consular Corps of Washington, D.C.

On November 26, 2014, I will be speaking to the Consular Corps of Washington, D.C. about the Supreme Court’s recent decision in Republic of Argentina v. NML Capital, Ltd. The title of the talk is “Bad News for Sovereigns: The […]

June 26, 2014

Case Watch: Republic of Argentina v. NML Capital

On June 16, 2014, the Supreme Court issued its decision in Argentina v. NML Capital, Ltd., Case No. 12-842, with Justice Scalia writing for the Court. It held that nothing in the Foreign Sovereign Immunities Act (“FSIA”) specifies different discovery […]

April 28, 2014

Case Watch: NML Capital Ltd. v. Argentina

On April 21, 2014, the Supreme Court heard oral argument in NML Capital Ltd. v. Argentina, Case No. 12-842. The question pending before the Court was the scope of post-judgment asset discovery permitted against a foreign state. In the first […]

January 20, 2014

Case Watch: NML Capital v. Argentina, Case No. 12-842

In NML Capital Ltd. v. Republic of Argentina, Case No. 12-842, Argentina petitioned the Supreme Court to decide the following question: Can post-judgment discovery in aid of enforcing a judgment against a foreign sovereign be ordered with respect to all […]

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