9th Circ. Nixes NSO's Immunity Bid In WhatsApp Hacking Suit

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By Hailey Konnath (November 8, 2021, 9:23 PM EST) — The Ninth Circuit on Monday said a California federal judge was correct to refuse to find Israeli spyware company NSO Group immune from litigation over an alleged WhatsApp hacking, ruling that the Foreign Sovereign Immunities Act doesn’t protect private companies.

The three-judge panel shot down NSO’s argument that it could claim foreign sovereign immunity under doctrines that apply to foreign officials, noting that the law governing the issue “has roots extending back to our earliest history as a nation.”

“[I]t leads to a simple answer — no,” the panel said. “Indeed, the title of the legal doctrine itself — foreign sovereign immunity — suggests…

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