Cross-border discovery issues and competing data privacy laws are some of the most vexing issues in international litigation, particularly when bank secrecy laws are implicated. Mintz Levin partner David Barres addresses the discovery of information shielded by foreign bank-secrecy law – specifically, situations where a bank faces conflicting obligations under US law (requiring disclosure of bank information) and foreign law (prohibiting disclosure) in recent New York Law Journal article. David draws on his experience with this problem that arises repeatedly while representing international banks. The article summarizes the applicable rules, and it argues that court-ordered customer consent to disclosure may resolve the conflict.
Read more here -- New York Law Journal