Foreign Secrecy Laws And American Courts

Law360, New York (August 29, 2008, 12:00 AM EDT) -- In a recent opinion, [1] the U.S. District Court for the Southern District of New York emphasized that foreign confidentiality statutes do not deprive an American court of the power to order a party subject to its jurisdiction to produce evidence — even though the act of production may be considered a criminal offense in a foreign jurisdiction and subject the party to serious consequences, including imprisonment and fines.

Background

In 1997, Investcorp, a private equity fund, purchased a controlling interest in Werner Holding Co. (PA)...
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