LanierSaperstein

Partner

New York + 1.212.326.3845

Lanier Saperstein has precedent-setting experience representing foreign financial institutions in the United States. He was, for example, the first lawyer in the United States to require a litigant to use the Hague Evidence Convention when seeking confidential bank records from China. Lanier has been recognized by leading publications for his work in international banking.

Representing financial institutions in both litigation and regulatory matters, Lanier has managed a broad range of issues relating to the Bank Secrecy Act, anti-money laundering, Office of Foreign Assets Control's (OFAC) sanction programs, the Anti-Terrorism Act, the Foreign Sovereign Immunities Act, the bank examination privilege, suspicious activity reports, Article 4A of the Uniform Commercial Code (UCC) and international wire transfers, and alleged fraud claims under federal and New York law.

Lanier routinely handles subpoenas, asset restraints, as well as judgment and arbitral award enforcement actions that involve cross-border issues, and he has litigated key subjects relating to personal and subject matter jurisdiction, international comity, and the separate entity rule. He also is a member of the Firm's LIBOR transition team, advising financial institutions on the expected transition to alternative reference rates and implementing remediation plans.

Lanier is a member of the NYCBA Compliance Committee, co-chair of its Subcommittee on International Developments, and is an adjunct professor at Fordham Law School, where he teaches banking-related courses. He has written extensively on matters impacting financial institutions, and his writings have been cited in dozens of prominent law journals.

Experience


  • Global systemically important bank (GSIB) conducts risk assessment to determine impact of LIBOR transition on enterprise-wide portfoliosJones Day is advising a GSIB with respect to enterprise-wide portfolios impacted by the LIBOR transition, including conducting portfolio-wide risk impact assessments, analyzing various consumer products, and developing litigation contingency plans.
  • The following represents experience acquired prior to joining Jones Day.

    Defended a global bank in a high-profile lawsuit alleging terrorist financing resulting in multiple published decisions (Wultz v. Bank of China Limited; Moriah v. Bank of China Limited).

    Won a multimillion dollar arbitration award in China for a Fortune 500 company.

    Secured dismissal for an international bank due to plaintiff's failure to serve under the Rule 4 of the Federal Rules of Civil Procedure (FRCP) (NBS Trade and Investment Ltd. v. China Construction Bank, et al.).

    Obtained dismissal for a global bank on an issue of first impression regarding international electronic fund transfers (Calderon-Cardona v. Bank of New York Mellon, et al.).

    Achieved an oft-cited appellate decision on the Foreign Sovereign Immunities Act (FSIA) for three Chinese banks, halting plaintiffs' improper attempt to seize PRC assets located in China (Walters v. Industrial and Commercial Bank of China Limited, et al.).

    Obtained dismissal of a fraudulent conveyance claim against the New York branch of a foreign bank (Uni-Rty Corp., et al. v. Guandgdong Building, Inc., et al.).

    Quoted in Dewar v. Bangkok Bank Public Company Limited, New York Branch (NY Supreme) for his writings on New York's separate entity rule.

    Successfully defended the branch of a foreign bank in lawsuits alleging common law aiding and abetting liability (McDaniel v. Bank of ChinaRosner v. Bank of China).

    Quashed a subpoena issued to a foreign bank on comity grounds (Tiffany (NY) LLC, et al. v. Qi., et al.).

    Represented a Swiss bank in the Parmalat class action (In re Parmalat Securities Litigation).

    Represented a Dutch bank in the Madoff litigation (Bernard L. Madoff Investment Securities LLC et al v. ABN AMRO Bank N.A.).

    Represented a GSIB in 16 coordinated cases arising under the federal securities laws.

    Speaking Engagements

    • August 19, 2020
      COVID-19 Lending Programs: Latest Developments, New York City Bar Association
    • August 6, 2020
      The ADA in the Era of COVID-19, The Consumer Bankers Association
    • July 30, 2020
      The Hong Kong Autonomy Act and Related Developments, China General Chamber of Commerce-USA
    • June 9, 2020
      Lending Disputes In The Covid Era: Issues For Chinese Cross-Border Lenders In The Current Environment, Jones Day Webinar
    • June 2, 2020
      Going Private in the U.S. and The Listing Process in Hong Kong, Jones Day Webinar
    • May 6, 2020
      What the Recent Lawsuits and Congressional Initiatives Against the PRC Mean for Chinese Enterprises Operating in the U.S., China General Chamber of Commerce-USA
    • April 29, 2020
      Is the Tsunami is Coming? How Lenders Can Mitigate the Potential Litigation and Regulatory Risks from the COVID Loan Programs, New York City Bar Association
    • April 2, 2020
      Dealing with U.S. Subpoenas and Document Requests, Jones Day Webinar
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