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Bankruptcy Court Turns Down Attempt To Circumvent CDO Liquidation Procedure
In a recent decision that will be of interest to capital and structured finance market participants
United States
21 Jan 2019
Legal Update: Foreign Bank Not "Found" In SDNY, 1782 Discovery Denied
28 U.S.C. § 1782 allows requests for US discovery in aid of a foreign proceeding. In the latest case to address the scope of that section
United States
4 Jan 2019
NY Commercial Division: Role Of Market Practice And The "Cross-Check Principle" In Determining "Loss" Under The ISDA Master Agreement
NY Commercial Division: Role Of Market Practice And The "Cross-Check Principle" In Determining "Loss" Under The ISDA Master Agreement
United States
8 Oct 2018
Second Circuit Limits Use Of Section 1782 Discovery Against Law Firms
28 U.S.C. § 1782 ("Section 1782") is a powerful tool that allows litigants to obtain broad, US discovery to gather evidence for use in proceedings before non-US or international tribunals.
United States
19 Jul 2018
United States
21 Dec 2016
Second Circuit Narrows Class Standing Doctrine
In NECA-IBEW v. Goldman Sachs, the Second Circuit arguably opened up a new door in class action litigation when it held that investors in one securities offering had standing to represent a putative class of investors in other offerings, as long as the fraud claims on both securities gave rise to "the same set of concerns."
United States
26 Feb 2015
Second Circuit Issues Important Decision For RMBS Trustees
As has been widely reported in corporate trust circles, just before Christmas, the Second Circuit issued an important decision for RMBS trustees.
United States
9 Jan 2015
US Second Circuit Eases Banks’ Garnishment Burdens in Recent TRIA and FSIA Decisions
In recent years, banks have found themselves named as parties in their capacities as garnishees in enforcement litigation brought by judgment creditors of governments or entities that have been designated as terrorist parties.
United States
15 Nov 2014
"Separate Entity" Rule Alive and Well in New York
In a much anticipated decision, New York’s highest court, the Court of Appeals, confirmed on October 23, 2014, that the so-called "separate entity" rule continues to exist as a vibrant doctrine in the State of New York.
United States
28 Oct 2014
US District Court Holds That A Non-Party Foreign Bank Must Prepare A Witness With Documents Overseas
A recent decision in the Southern District of New York imposes a significant burden on non-US litigants.
United States
30 Apr 2014
Recent Cases Illustrate Benefits And Pitfalls Of Section 1782 Discovery
Three recent US federal court decisions provide additional insight into the scope of permissible discovery under 28 U.S.C. § 1782.
United States
18 Mar 2014
US Supreme Court Dramatically Narrows Grounds for General Personal Jurisdiction
In January 2014, the US Supreme Court decided Daimler AG v. Bauman, 571 U.S. ___, 134 S. Ct. 746 (2014), a decision that could be of substantial importance to any non-US bank or non-US corporation that has US branches or offices in the United States, as well as any US bank or corporation that has branches or offices outside of its principal place of business or place of incorporation (its "home state").
United States
14 Mar 2014
Recent TRIA Decision Could Ease Garnishment Burden
A recent decision from the US Court of Appeals for the District of Columbia Circuit is good news for banks facing an ongoing crush of garnishment litigation.
United States
11 Dec 2013
New York Court Of Appeals Issues Narrow Decision On Extraterritorial Asset Turnover While Legislature Considers Rolling Back Koehler
A recent New York State Court of Appeals decision in a case that Mayer Brown reported on in October 2012 sets an outer limit on the scope of asset turnover jurisdiction under "Koehler v. Bank of Bermuda".
United States
24 Jun 2013
Bank Examination Privilege Set Aside By Southern District Of New York
A recent decision in the Southern District of New York casts doubt on the protections afforded by the bank examination privilege in civil litigation.
United States
26 Apr 2013
The Edge Act Confers Federal Jurisdiction According To US District Court For The Southern District Of New York
A recent opinion from the Southern District of New York provides a reminder that the Edge Act (12 U.S.C. § 632) permits federally chartered banks to remove many cases to federal court.
United States
19 Mar 2013
New York Court Of Appeals Answers Questions On When Jurisdiction Can Be Established Based On New York Correspondent Accounts
The New York Court of Appeals has issued an opinion that could have significant implications for non-US banks that have limited operations in the United States.
United States
15 Jan 2013
New York Trial Court Reaffirms Separate-Entity Rule In Discovery Dispute
The recent decision by a New York State trial court in Ayyash v. Koleilat (N.Y. Sup. Ct., N.Y. County, Index No. 151471/2012 (Coin, J.)) contains important guidance on how lower-level New York State courts are inclined to interpret the decision of New York’s highest court in Koehler v. Bank of Bermuda.
United States
14 Nov 2012
New York Court Of Appeals To Consider Vast Expansion To Koehler: Turnover Of Assets At A Non-US Subsidiary
The underlying dispute raises issues of great importance to all international banks with a New York presence.
4 Oct 2012
Lehman Bankruptcy Court Holds That Pre-Petition Collateral Transfers And Guaranties to Clearing Bank are Safe Harbored
On April 19, 2012, the Lehman bankruptcy court handed down its decision on the long-pending motion to dismiss filed by JPMorgan Chase Bank, N.A., in response to Lehman Brothers Holdings Inc.’s $8.6 billion avoidance action against it.
United States
27 Apr 2012
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