A New Test For Enforcing Foreign Restraining Orders

Law360, New York (August 1, 2013, 1:20 PM EDT) -- The U.S. Court of Appeals for the District of Columbia Circuit recently became the first appellate court to consider the scope and operation of a statute authorizing federal courts to restrain assets in the United States based on foreign governments’ requests.[1] The court of appeals found that the law (28 U.S.C. § 2467(d)(3)) expanded the district courts’ authority to restrain assets based on preliminary or provisional foreign orders. But the court also explained that the law required district courts first to examine the due process protections...
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