Terror Funding Case Could Clarify Limits of Foreign Privacy Laws

American Lawyer
June 24, 2013
Michael D. Goldhaber

Last year the American Bar Association reported that global companies in U.S. court increasingly face a “Hobson’s choice”: to offend a foreign privacy law, or to defy a U.S. discovery obligation. Don’t look now, but Mr. Hobson is going to Washington.

Arab Bank plc on Monday filed a U.S. Supreme Court cert petitionciting the ABA report, and asking the court to remove the “Hobson’s choice” it purportedly faces: to “either violate foreign laws and face criminal prosecution or accept sanctions that threaten its existence.”

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