Note: This piece was originally published in Lawfare, and was co-written by Checks & Balances member John Bellinger and Sean Mirski.
Back in June, we reported that suits brought under Title III of the Helms-Burton Act had suffered their first significant setback, but that many open questions remained. In the last two months, courts have now handed down significant rulings on the application of two other doctrines—standing and scienter—to Helms-Burton suits. Generalizing from these rulings is tricky, as they point in different directions. While some impose stricter standards for standing and scienter, others set out more relaxed requirements. But the decisions have clarified one thing: Title III’s scope will remain unsettled for a while.
Continue reading at Lawfare.