Discovery

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 […]

September 14, 2015

Case Watch: 1964 Realty v. Consulate of Qatar

Earlier this year, I wrote about the case of 1964 Realty LLC v. Consulate of Qatar, Case No. 1:14cv6429 (SDNY), involving an alleged breach of contract to purchase property for use as Qatar’s Consulate General in New York. Qatar had […]

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. […]

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 […]

July 22, 2014

Article: Inviolability of Diplomatic and Consular Archives

Congress enacted the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §1602 et seq., “[s]ubject to existing international agreements to which the United States is a party,” §§1604 and 1609. Two such international agreements to which the FSIA is “subject” are […]

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 […]

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 […]

January 7, 2014

Case Watch: Funnekotter v. Agricultural Development Bank of Zimbabwe

In Funnekotter v. Agricultural Development Bank of Zimbabwe, 2013 U.S. Dist. LEXIS 164496 (S.D.N.Y. Nov. 15, 2013), a group of plaintiffs won an ICSID arbitration against Zimbabwe for unlawful expropriation in violation of a bilateral investment treaty. The U.S. District […]

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