Lanier Saperstein

August 03, 2021 | New York Law Journal

Section 6308 of the Anti-Money Laundering Act of 2020 expands the authority of the Departments of Treasury and Justice to seek and obtain banking records located abroad, while limiting the ability of foreign financial institutions to oppose production of those documents. In this article, the authors discuss why they believe §6308 was not intended to upend traditional processes designed to respect the sovereignty of foreign nations.

By Lanier Saperstein and Samuel Hickey

8 minute read

June 08, 2020 | New York Law Journal

Congress and the courts have done much to clarify the scope of the ATA with respect to financial institutions, and we expect that the Second Circuit will provide additional guidance in the coming months.

By Lanier Saperstein, Mario J. Cacciol, Emily Goldberg Knox and Helen Jiang

9 minute read

April 16, 2018 | New York Law Journal

The Second Circuit's decision in 'Linde v. Arab Bank' has reintroduced some much needed discipline into the application of the Anti-Terrorism Act.

By Lanier Saperstein and Krista Bolles

8 minute read

November 15, 2017 | New York Law Journal

Lanier Saperstein, Mark Sullivan and Krista Bolles write: Early next month the U.S. Supreme Court will hear argument in 'Rubin v. Islamic Republic of Iran' to decide a hotly contested issue that pits the Ninth, Second and District of Columbia Circuits, on one side, against the Seventh Circuit, the U.S. government and the University of Chicago, on the other.

By Lanier Saperstein, Mark Sullivan and Krista Bolles

15 minute read

July 11, 2017 | New York Law Journal

Lanier Saperstein and Carol Lee discuss the upcoming U.S. Supreme Court decision on the long-awaited issue of whether corporations can be liable under the Alien Tort Statute, a statute enacted by the First Congress more than 225 years ago.

By Lanier Saperstein and Carol Lee

10 minute read

March 28, 2016 | New York Law Journal

Lanier Saperstein, Daniel W. Beebe and Carol Lee review a recent Southern District decision that represents a significant departure from recent Second Circuit precedent as well as a New York Court of Appeals decision where the court held that a foreign bank's "mere maintenance" of a correspondent account in New York is insufficient to support the exercise of personal jurisdiction over that bank.

By Lanier Saperstein, Daniel W. Beebe and Carol Lee

21 minute read

May 20, 2015 | New York Law Journal

Lanier Saperstein, Geoffrey Sant and T. Augustine Lo write: On April 28, 2015, a controversial proposal to eviscerate a landmark U.S. Supreme Court decision slipped through the New York State Senate Standing Committee on the Judiciary with one minute and 30 seconds of debate. The bill purports to clarify a supposed ambiguity created by the U.S. Supreme Court in 'Daimler v. Bauman,' arguably the most important Supreme Court ruling on general personal jurisdiction in 70 years.

By Lanier Saperstein, Geoffrey Sant and T. Augustine Lo

9 minute read

May 19, 2015 | New York Law Journal

Lanier Saperstein, Geoffrey Sant and T. Augustine Lo write: On April 28, 2015, a controversial proposal to eviscerate a landmark U.S. Supreme Court decision slipped through the New York State Senate Standing Committee on the Judiciary with one minute and 30 seconds of debate. The bill purports to clarify a supposed ambiguity created by the U.S. Supreme Court in 'Daimler v. Bauman,' arguably the most important Supreme Court ruling on general personal jurisdiction in 70 years.

By Lanier Saperstein, Geoffrey Sant and T. Augustine Lo

9 minute read

April 13, 2012 | New York Law Journal

Lanier Saperstein and Geoffrey Sant of Dorsey & Whitney write that most federal district courts have held that the Court of Appeals' 2009 decision in 'Koehler' abrogated the separate entity rule, at least in the post-judgment context. By stark contrast, every New York trial court has found that the doctrine remains good law. However, just last month, Judge Loretta A. Preska sought to bridge the divide by acknowledging and agreeing with the New York state courts.

By Lanier Saperstein and Geoffrey Sant

9 minute read

September 05, 2012 | New York Law Journal

Lanier Saperstein, a partner at Dorsey & Whitney, and Geoffrey Sant, special counsel with the firm, analyze the recent surge in lawsuits brought under the Anti-Terrorism Act, a result of understandably sympathetic courts creatively interpreting the ATA to allow plaintiffs to bring suits against third-party institutions seemingly unconnected to terrorist acts, especially banks and other financial institutions.

By Lanier Saperstein and Geoffrey Sant

13 minute read