Bank Examination Privilege Set Aside by Southern District of New York
Mark G. Hanchet,Christopher J. Houpt, April 26, 2013
A recent decision in the Southern District of New York casts doubt on the protections afforded by the bank examination privilege in civil litigation. That privilege is intended to promote the forthright exchange of information between regulators and institutions under their supervision, and it...

The Edge Act Confers Federal Jurisdiction According to US District Court for the Southern District of New York
Mark G. Hanchet,Christopher J. Houpt, March 20, 2013
A recent opinion from the Southern District of New York provides a reminder that the Edge Act (12 U.S.C. § 632) permits federally chartered banks to remove many cases to federal court. In Dexia SA/NV v. Bear Stearns, Judge Rakoff held that the Edge Act established federal jurisdiction over a...

New York Court of Appeals Answers Questions on When Jurisdiction Can Be Established Based on New York Correspondent Accounts
Marc R. Cohen,Mark G. Hanchet,Christopher J. Houpt,Alex C. Lakatos, January 12, 2013
The New York Court of Appeals has issued an opinion that could have significant implications for non-US banks that have limited operations in the United States. In Licci v. Lebanese Canadian Bank, SAL, the Court of Appeals confirmed that maintaining a correspondent banking account will not support...