The Clearing House Association and the Institute of International Bankers filed amicus briefs in Gucci America v. Li et al. and Tiffany v. Forbse, et al. In these cases, plaintiffs obtained judgments against several persons for counterfeiting plaintiffs’ products. They then filed subpoenas and restraining notices against the New York branches of several Chinese banks demanding information on any accounts held by the defendants at the banks’ offices in China and a freeze on all funds in those accounts in anticipation of an order to transfer those funds to New York so that they can be turned over to the plaintiffs. The banks sought review by the Second Circuit Court of Appeals, but the plaintiffs moved to dismiss those appeals on the grounds that the banks have no standing to appeal and the order is not appealable. The brief by TCH and IIB argues that because compliance with the subpoenas and restraining notices could cause the Chinese banks to violate local law and subject them to double liability, the banks are entitled to review by the Court of Appeals. 

Related Documents:
Tiffany v. Forbse