DC Circ. Rules On Sovereign Immunity In Mueller Case

Law360 (January 2, 2019, 1:37 PM EST) -- On Dec. 18, 2018, the U.S. Court of Appeals for the D.C. Circuit issued an important ruling in In re Grand Jury Subpoena, holding that foreign state-owned corporations are subject to criminal jurisdiction in the United States and that the exceptions to sovereign immunity set forth in the Foreign Sovereign Immunities Act[1] apply to criminal as well as to civil cases.[2] The court also rejected the foreign sovereign entity’s argument that it should be excused from complying with a subpoena because doing so would violate the law of the respondent’s country of incorporation. Although In re Grand Jury Subpoena arises in the...

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