Sovereign Immunity & FSIA Litigation
Levin & Associates advises and represents foreign states, state-owned entities, and private parties in complex U.S. litigation where sovereign immunity is outcome-determinative. Our work centers on the Foreign Sovereign Immunities Act (FSIA), the primary statute governing when a “foreign state” (including many agencies and instrumentalities) may be sued in U.S. courts, and what remedies are actually available when litigation proceeds.
Sovereign-immunity disputes are rarely abstract. They are tactical, time-sensitive, and often tied to high-stakes enforcement realities: service of process, jurisdictional discovery, injunction practice, parallel foreign proceedings, and (most critically) the extent to which assets in the United States can be restrained or executed upon.
How We Help
We handle sovereign-immunity issues from first principles through resolution—whether that means defeating jurisdiction at the outset, narrowing claims and discovery, preserving immunity defenses, or litigating the scope of any FSIA exception that may apply.
- FSIA jurisdiction and motion practice (threshold immunity defenses; pleading and evidentiary standards)
- Exceptions analysis (commercial activity; waiver; arbitration-related issues; expropriation and related theories)
- Service of process under FSIA and challenges to defective service
- Jurisdictional discovery strategy and protective limits where discovery is sought to test immunity
- Attachment and execution (strategy around restraint, turnover, and post-judgment remedies, including FSIA limits on execution against sovereign property)
- Coordination with foreign counsel and government stakeholders, including matters with diplomatic sensitivity
Experienced Counsel for Sensitive, High-Stakes Matters
Duncan Levin is regularly engaged on matters at the intersection of cross-border disputes, government enforcement, and complex federal litigation. He has been instructed in sovereign-immunity matters involving foreign-state clients and high-profile disputes. The firm approaches FSIA matters with the discipline they require: careful control of waiver risk, a rigorous factual record, and a strategy designed to win the jurisdictional fight early—before litigation costs and exposure compound.
If you are a foreign state or state-affiliated entity facing U.S. litigation—or a private party evaluating whether a claim is jurisdictionally viable under the FSIA—we can assess the immunity posture quickly and build a plan that is candid, realistic, and execution-focused.
