Linde v. Arab Bank, PLC (Second Circuit)

U.S. and foreign victims of terrorist attacks in the Middle East and their family members alleged that Arab Bank, Jordan’s largest financial institution, violated the Anti-Terrorism Act and Alien Tort Statute by providing banking services to charities and individuals allegedly affiliated with terrorist organizations operating in the Middle East. In discovery, Arab Bank produced some 200,000 bank records but was unable to produce others because foreign authorities told the Bank that production would violate their financial privacy laws and subject the Bank to criminal prosecution. The district court sanctioned Arab Bank for its refusal to breach these foreign criminal laws. We represented Arab Bank throughout the appellate process. Over the protests of Jordan, Lebanon, and the Palestinian Authority, the Second Circuit refused to vacate the sanctions or to address the Bank’s contention that the Alien Tort Statute claims by foreign victims should be dismissed.