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ARTICLE · 09 APRIL 2010

Two US District Court Decisions Order Discovery Despite Conflicts with Foreign Bank Secrecy Laws or Blocking Statutes

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In a pair of recent decisions, the US District Courts for the Southern and Eastern Districts of New York have compelled the disclosure of overseas documents even though such production may violate foreign criminal laws.

United StatesLitigation, Mediation & Arbitration
Joseph Baker
Joseph Baker
Eric Evans
Eric Evans
Alex Lakatos
Alex Lakatos
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Originally published April 7, 2010

Keywords: discovery, foreign bank, secrecy laws, foreign criminal law, blocking statute

In a pair of recent decisions, the US District Courts for the Southern and Eastern Districts of New York have compelled the disclosure of overseas documents even though such production may violate foreign criminal laws. These decisions demonstrate the challenges associated with reconciling US discovery rules with foreign privacy laws and "blocking statutes" (i.e., statutes designed to protect non-US citizens from US discovery), and suggest several key factors that should be considered by litigants facing such issues.

Official Objections by Affected Foreign Governments May Help in Resisting Discovery that Violates Foreign Law

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