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The Enforcer

June 30, 2014

Reluctant Guests Board Rule 69’s Fishing Charter

By Ben Cutchshaw and Glenn Dassoff

A recent ruling by the United States Supreme Court has helped clarify the rules that apply to discovery of a sovereign’s extraterritorial assets, holding that the Foreign Sovereign Immunities Act (“FSIA”) does not bar such discovery....
In Harvardsky Prumyslovy Holding v. Kozeny, a New York appellate court held that the Czech judgment at issue was not “a fine or other penalty” within the meaning of the statute and was therefore entitled to...
This is an unusual instance of a case in which the losing party to a foreign lawsuit has sued successfully in the United States (at least so far) to enjoin enforcement of the foreign judgment, rather...
The Court of Appeals may overturn fifty years of precedent in the New York lower and federal courts that created a legal fiction that New York branches of banks are separate legal entities from all other...

February 12, 2014

Second Circuit Certifies “Separate Entity Rule” to New York Court of Appeals

By Daniel B. Goldman and Adam W. Braveman

The second Circuit has certified two questions to the New York Court of Appeals concerning the "separate entity" rule. If the Court of Appeals accepts the certification, its decision will be one of the most...

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