Discovery of Bank Branches After 'Daimler v. Bauman'

, New York Law Journal

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Larry Friedman and Shiwon Choe of Cleary Gottlieb Steen & Hamilton write: The Supreme Court's recent decision in 'Daimler AG v. Bauman', which clarified and significantly narrowed U.S. courts' ability to assert general personal jurisdiction over foreign corporations, may significantly cabin the "branch-based" discovery trend in the United States where litigants have been increasingly allowed to conduct non-party discovery of non-U.S. banks based on the banks' operation of branches within the United States, reasoning that maintaining a branch here is sufficient to subject a foreign bank to general personal jurisdiction.

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