Court of Appeals Arguments of Interest for the Week of January 5, 2015

Arguments the week of January 5, 2015 in the Court of Appeals that may be of interest to commercial litigators.

No. 3: Elmaliach v. Bank of China Limited (considering whether plaintiffs’ claims against a Chinese bank for transferring funds used to finance terrorist attacks in Israel are governed by Israeli law, under which a bank can be liable for torts committed by its customers against non-customers, or New York or Chinese law, which recognizes no such liability). The First Department decision is available here.
No. 5: BDC Finance L.L.C. v. Barclays Bank PLC (interpreting a Delivery of Collateral provision in contracts governing a derivatives transaction). The First Department decision is available here.