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Northern Illinois University Law Review

2021

Litigation

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The Helms-Burton Act Backfires: Surprising Litigation Trends Following Title Iii’S Long-Feared Activation, Gergana S. Sivrieva Nov 2021

The Helms-Burton Act Backfires: Surprising Litigation Trends Following Title Iii’S Long-Feared Activation, Gergana S. Sivrieva

Northern Illinois University Law Review

On May 2, 2019, the Trump Administration made the historic decision to lift the suspension of Title III of the Helms-Burton Act for the first time since its enactment in 1996. Title III allows US nationals whose property was confiscated by the Cuban government to sue entities and individuals who now “traffic” in that property. Legal scholars believed this activation would trigger an avalanche of lawsuits; however, after two years of the law’s operation, only forty-some suits were filed, many by the same plaintiffs. Even more surprising is that instead of exposing foreign corporations that derive substantial benefits from the …