9th Circ. Doubts NSO's Immunity Defense In WhatsApp Suit

Law360 (April 12, 2021, 9:44 PM EDT) -- A Ninth Circuit panel appeared skeptical Monday of Israeli spyware company NSO Group's argument that sovereign immunity protects it from Facebook's lawsuit over hacks to subsidiary WhatsApp, with two judges pointing out the lack of case law to support NSO's position and a third judge saying the case should go to discovery.

During a hearing held virtually, U.S. Circuit Court Judge Mary Helen Murguia pointed out that there doesn't appear to be case law indicating that a private foreign company can be subject to sovereign immunity.

"How do we grant the immunity that you're asking for in this case where there's...

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