New Risks To Non-US Banks In American Courts

Law360, New York (August 3, 2015, 11:05 AM EDT) -- Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal risks, including claims alleging fraud and breach of contract, or violations of federal statutory schemes such as those for securities, antitrust and the Racketeer Influenced and Corrupt Organizations Act (anti-racketeering), or federal laws, like the Alien Tort Statute that may address politically charged issues. In addition, banks often are called on to submit to the jurisdiction of U.S. courts as nonparties, to provide information or comply with remedial orders....

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