Banking Secrecy

News & Analysis as of

How Seriously Do Foreign Governments Treat Their Own Secrecy and Blocking Statutes?

The U.S. District Court for the Southern District of New York issued an interesting comity decision on whether U.S. courts should defer to foreign countries’ secrecy and blocking statutes when considering motions for...more

Germany/EU: European Court of Justice will decide on relationship between claim for information based on trademark law and bank...

On 17 October the German Federal High Court ("BGH") has submitted a request for a preliminary ruling to the European Court of Justice ("ECJ") to clarify whether a bank may refuse to reveal the name and the address of a bank...more

Compelled Waiver of Foreign Bank Secrecy for Discovery of Records Abroad

There are many branches, agencies, and subsidiaries of foreign banks licensed to conduct banking business here in New York. These foreign-bank offices are often the targets of civil discovery requests seeking production of...more

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