The Evolving Jurisdictional Landscape For Financial Institutions

(154 Ratings)

Produced on: December 14, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Intermediate

This program discusses the impact of recent Supreme Court and Court of Appeals decision on the ability of financial institutions to assert the personal jurisdiction defense in federal courts. In this course there is an examination of the impact of the Supreme Court’s decision in Daimler, and the way in which lower courts have reacted to it when adjudicating claims brought against financial institutions. There is also consideration of the evolving case law concerning the impact that dollar denominated transfers, and the use of correspondent accounts, have on the ability of a financial institution to assert the personal jurisdiction defense in a dispute that otherwise lacks material connections to the United States.   

Learning Objectives:

  1. Understand the basic personal jurisdiction defense as applicable to foreign financial institutions

  2. Assess the impact of recent case law on the application of this defense

  3. Counsel foreign financial clients on their ability to raise and prevail on this defense

Faculty

Timothy Harkness

Freshfields Bruckhaus Deringer

A partner in our litigation practice group, Tim represents clients in complex commercial litigation. He has played prominent roles in major cases involving international financial service and accounting firms in securities fraud cases, hedge fund-related litigation and commercial disputes, and before bankruptcy courts.

Professional services and private equity firms, manufacturers and media companies call upon Tim’s knowledge and experience in commercial arbitrations and civil litigation arising from claims of fraud, breach of contract, malpractice and veil piercing.

Tim is active in alumni affairs at Yale, and served on the Association of Yale Alumni’s Board of Governors and the Board of the Yale Alumni Service Corps. He has received the Association of Yale Alumni’s Leadership Award, as well as an Alumni Excellence Award.


David Livshiz

Freshfields Bruckhaus Deringer

David represents clients in a wide array of complex cross-border litigations pending before federal and state courts in the United States, as well as in criminal, regulatory and internal investigations. He has substantial expertise representing financial institutions, hedge funds and multinational companies in a wide array of securities, antitrust, M&A, trade secret and other complex commercial litigations. David also has extensive experience representing creditors in bankruptcy proceedings and related adversary proceedings.

David has also represented numerous companies and individuals in criminal and civil investigations conducted by the Department of Justice, the US Attorneys’ Office, the SEC and various other regulatory agencies.

Additionally, David has significant experience representing financial institutions and corporations from countries of the former Soviet Union, as well as US companies engaged in business in the region, on their litigation and regulatory exposure in the United States.


Reviews

KO
Kevin O.

LECTURERS WERE NICE AND ALSO SINCERE

DO
Daniel O.

very well presented; important information

JK
Joseph K.

Maybe a little dry, but very informative

DR
Daniel R.

Fascinating! And crisply presented.

JB
Julie A. B.

Valued the speakers important contribution to this topic.

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