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Briefings in English - 2012

On March 6, 2012, the United States Court of Appeals for the Second Circuit decided Brandi-Dohrn v. IKB Deutsche Industriebank AG, No. 11-4851-cv, 2012 US App. LEXIS 4719 (2d Cir. Mar. 6, 2012). The decision provides important guidance on the applicability of US discovery laws in support of foreign and international tribunals under 28 U.S.C. § 1782. The Second Circuit reversed the lower court ruling that prevented discovery of US evidence for potential use in an appeal pending in Germany. The circuit limited the discretion of the trial court in considering not only the discoverability of evidence under foreign law, but the admissibility as well. (March 2012)

The US Treasury Department has released proposed regulations implementing the provisions of the Foreign Account Tax Compliance Act (FATCA) and announced an agreement with five European governments on a framework for information reporting. The proposed regulations should make FATCA more administrable, but some questions remain. (February 2012)

On June 6, 2011, the Supreme Court decided Erica P. John Fund, Inc v. Halliburton Co, holding that securities fraud plaintiffs need not prove loss causation as a prerequisite to class certification. (January 2012)

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