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The Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1602 et seq., establishes the general rule that foreign states are immune from suit in U.S. courts unless a specific statutory exception applies. Enacted in 1976 and significantly amended over the years, the FSIA is the primary legal framework for determining when and how victims can hold foreign governments accountable in American courts. At Herischi Law, we have built a sophisticated practice around the FSIA, helping clients navigate its complex exceptions to secure landmark judgments and, crucially, to enforce those judgments against sovereign assets worldwide. Our deep familiarity with the statute allows us to identify viable claims, overcome jurisdictional hurdles, and pursue aggressive post-judgment collection strategies that turn paper victories into real compensation for victims.

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The Terrorism Exception under § 1605A is the cornerstone of our FSIA practice. This exception removes sovereign immunity for designated state sponsors of terrorism (such as the Islamic Republic of Iran) in cases involving torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support for such acts. We have successfully litigated numerous high-stakes cases under this exception, securing some of the largest judgments ever awarded against Iran. These include more than $34 million in Mehrangiz Kar et al. v. Iran for the torture and killing of prominent activist Siamak Pourzand, $37.5 million in Oveissi v. Iran for Iran’s role in the assassination of General Gholam-Ali Oveissi in Paris, $19.5 million in Amirentezam et al. v. Iran for decades of torture and extrajudicial killing of a former high-ranking official, over $14 million in Lakestani v. Iran for severe torture resulting in amputation and loss of vision, $5 million in Saharkhiz v. Iran for the torture of a journalist critical of the regime, and more than $166 million in Mahmoudzadeh v. Iran for the drone killing of a U.S. citizen in northern Iraq. These victories illustrate our ability to prove causation, material support, and damages in complex international terrorism cases while holding state actors fully accountable.

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Beyond the terrorism exception, we also advise clients on the Commercial Activity Exception under § 1605(a)(2). This provision strips immunity when a foreign state engages in commercial activity in the United States, performs an act in connection with a commercial activity elsewhere that has a direct effect in the United States, or carries out a commercial activity that causes injury within U.S. territory. Although our core focus remains human rights and terrorism litigation, we strategically analyze whether commercial dealings—such as state-owned enterprises, banking relationships, or trade activities—can serve as an additional or alternative basis for jurisdiction, especially in cases where terrorism-related claims intersect with economic conduct.

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We further leverage the Expropriation Exception (§ 1605(a)(3)), which permits suits when property is taken in violation of international law and that property (or property exchanged for it) is present in the United States or owned by an agency or instrumentality of the foreign state engaged in commercial activity here. This exception can be particularly powerful in human rights cases involving the seizure of assets from dissidents, journalists, or political prisoners. In appropriate matters, we combine it with other FSIA provisions to strengthen claims and expand the pool of recoverable assets.

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Finally, our FSIA work emphasizes judgment enforcement—the critical phase that transforms legal victories into tangible remedies. We employ creative, multi-jurisdictional strategies to locate and attach blocked assets, diplomatic properties, and other sovereign holdings, often coordinating with OFAC sanctions programs and international enforcement mechanisms. Clients who have suffered harm from state-sponsored terrorism, commercial misconduct by foreign governments, or unlawful expropriation turn to us because we offer end-to-end representation: from initial filing through trial to collection. Whether your claim arises from direct acts of violence or from broader sovereign overreach, we provide the strategic depth and persistence required to overcome sovereign immunity and deliver meaningful justice.

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Contact us for a confidential consultation to determine whether the FSIA offers a pathway for your case.