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Sovereign Immunity and Foreign Governments

SWERDLOW FLORENCE SANCHEZ SWERDLOW & WIMMER acquired in-depth experience successfully defending a foreign nation and several of its instrumentalities when they were sued in California state and federal courts for wrongful discharge, discrimination, and other labor and employment law claims.

The Foreign Sovereign Immunities Act is the exclusive source of federal and state court jurisdiction over suits involving foreign states and their instrumentalities, who normally are immune from the jurisdiction of all U.S. federal and state courts, with certain limited exceptions. It is absolutely vital from a prevention viewpoint to ensure that foreign countries' entities operating in the United States (i.e., consulate-general offices) fully understand the acts or activities that can create jurisdiction in federal and state courts, where otherwise none would exist. For example, conduct constituting waiver (both explicit and implicit) and commercial activities versus governmental activities can destroy a foreign nation's jurisdictional immunity.

SWERDLOW FLORENCE SANCHEZ SWERDLOW & WIMMER's expertise relates to all the labor and employment law matters concerning the foreign states' U.S.-based employees.