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Jon Ebner

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Jon Ebner represents US and international companies in a variety of commercial disputes. Prior to joining the Firm, Jon worked as in-house counsel for an insurance company in Germany for four years, working closely with European companies facing various liabilities in the US market.
In Foreign Sovereign Immunities Act

DC Circuit Court Rulings Allow Lawsuit Involving Art Taken by the Nazis

by 5 Mins Read

In Philipp v. Federal Republic of Germany, No. 17-7064, 925 F.3d 1349 (D.C. Cir. 2019), the United States Court of Appeals for the District of Columbia Circuit affirmed an earlier decision allowing a lawsuit involving art taken by the Nazis to proceed in district court in Washington, D.C., but also highlighted judicial disagreement regarding the application of the Foreign Sovereign Immunities Act (“FSIA”). [1] The FSIA generally bars claims against foreign governments, but specifically provides…

In Costs

Courts Finds Foreign Data Protection Laws Not a Reason to Require Posting of Bond

by 4 Mins Read

The general rule in the United States is that litigants are not required to post security bonds with the court in the event that they ultimately may be liable to the other party. Indeed, in what is often called the “American Rule,” each party to litigation bears its own costs and expenses, including attorneys’ fees, no matter the outcome. US rules often allow a prevailing party to recover “costs,” but only costs other than attorneys’…

In Jurisdiction

Court Finds Jurisdiction Over Foreign Business Based on “Interactive” Website

by 4 Mins Read

In Shippitsa Ltd. v. Slack, No. 18-CV-1036, 2019 U.S. Dist. LEXIS 121994 (N.D. Tex. July 23, 2019), a federal district court reiterated the standards applicable to determining whether there is personal jurisdiction over a foreign defendant in the context of online web businesses and allegations of trademark infringement,. The court found that under federal law, the Cyprus-incorporated and -headquartered defendant’s interactive website allowing the commercial exchange of information with Texas customers was sufficient for the…