In 2010 Judge Nina Gershon of the U.S. District Court for the Eastern District of New York imposed an e-discovery sanction on Arab Bank plc for refusing to produce payment records and account information. The adverse inference permitting the jury to consider the bank’s failure to comply with discovery as an indication it was “knowingly and purposefully” cooperating with terrorist groups is now before the U.S. Supreme Court, underlying the conflict between the rules of discovery in American courts and foreign privacy laws.
On Wednesday, the Hashemite Kingdom of Jordan urged the U.S. Supreme Court to undo Gershon’s discovery sanction against the Amman, Jordan-based bank, which is the largest financial institution in the country. In an amicus brief filed by Hogan Lovells partner Neal Katyal, the kingdom of Jordan argued that, under its banking privacy law, Arab Bank could not comply with plaintiffs’ discovery request as it would have been subject to criminal prosecution. “The sanctions order is a serious affront to Jordan’s sovereignty,” wrote Katyal in the amicus brief.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
