Recent New York District Court Decision Limits Bankruptcy Trustee Recovery of Property Transferred Offshore07/16/2014
Section 550 of the US Bankruptcy Code allows for the bankruptcy trustee to recover for the benefit of the estate property transferred to an immediate transferee that can be avoided under other Code provisions. In a recent matter in the Madoff bankruptcy proceeding, Sec. Investor …
Limit Set on Reach over International Banking Transaction through New York Bank07/11/2014
Parties cannot obtain jurisdiction in New York merely by the small passing of funds through New York banks. Rather, there will need to be a specific connection with New York and more than a tertiary role in the international banking system.
What Kind of Discovery Is Available for Litigants in the Cayman Islands07/01/2014
Cayman Islands discovery was adopted from Canadian rules of civil procedure and consequently, have many similar characteristics of US discovery. Foreign litigants should try to take advantage of these discovery rules when more oppressive rules arise in other Caribbean countries.
Be Wary of Privilege and Privacy Issues When Hiring Canadian Investigators06/19/2014
When a fraud has occurred, a private investigator is often engaged by counsel to gather evidence about the fraud and the fraudsters. If events take you to Canada, one must understand the law surrounding privilege and privacy and be cautious to avoid prejudicing the case.
Evaluating a Multi-Jurisdictional RICO Claim after Second Circuit’s Recent Decision06/12/2014
In the past, courts had decided that RICO?s reach depended upon the location of the enterprise. European Community v. RJR Nabisco, Inc., 2014 U.S. App. LEXIS 7593 (2d Cir. April 23, 2014) redirected the focus to predicate acts.
New York District Court Rules a Non-Party Must Prepare a Witness with Documents from Overseas05/27/2014
A recent decision in the Southern District of New York, Wultz v. Bank of China, 2014 U.S. Dist. Lexis 1841 (S.D.N.Y. February 13, 2014), required a non-party bank to prepare a Rule 30(b)(6) witness with information that was only available overseas. There, the Bank of …
New York State Court Clarifies the Standard for Obtaining Discovery from A Non-Party05/13/2014
On April 3, 2014, in Matter of Kapon v. Koch, 2014 N.Y. Slip Op 02327, the New York Court of Appeals clarified the standard for enforcing subpoenas to nonparties in civil litigation…
Attachment of New York Correspondent Accounts Limited03/27/2014
Provisional remedies are a powerful tool for creditors. In New York, two recent cases have limited a creditor?s ability to attach funds of a defendant at a foreign bank with a correspondent banking relationship with a New York bank.
Freezing Injunctions in Italy02/26/2014
In Italy, Article 671 of the Italian Civil Code permits a precautionary seizure of property if a creditor has a ?valid fear of losing the security for his claim.? The order will prohibit the debtor from disposing of all of his assets and not just …
Eleventh Circuit Allows Broadened Scope of Section 1782 Discovery Where Foreign Proceeding “Within Reasonable Contemplation”02/14/2014
The U.S. Court of Appeal for the Eleventh Circuit recently emboldened a litigant’s ability to obtain discovery under 28 U.S.C. Section 1782 for a foreign proceeding that was only ?within reasonable contemplation.?