79 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 3,303 times   167 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"
  2. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,059 times   152 Legal Analyses
    Holding that "[w]hen a statute gives no clear indication of an extraterritorial application, it has none"
  3. U.S. v. Philadelphia Nat. Bank

    374 U.S. 321 (1963)   Cited 741 times   5 Legal Analyses
    Holding that products and services offered by commercial banks constituted cluster market
  4. City of Pontiac Policemen's & Firemen's Retirement System v. UBS AG

    752 F.3d 173 (2d Cir. 2014)   Cited 232 times   10 Legal Analyses
    Holding disclosure of ongoing FBI investigation into UBS was sufficient despite absence of details of scheme under investigation
  5. Kirschner v. KPMG LLP

    2010 N.Y. Slip Op. 7415 (N.Y. 2010)   Cited 253 times   6 Legal Analyses
    Noting the "fundamental principle that ... the acts of agents, ... while acting within the scope of their authority are presumptively imputed to their principals"
  6. Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd.

    585 F.3d 58 (2d Cir. 2009)   Cited 189 times   3 Legal Analyses
    In Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd., 585 F.3d 58 (2d Cir. 2009), we determined that under New York law "EFTs are neither the property of the originator nor the beneficiary while briefly in the possession of an intermediary bank."
  7. Sonera Holding B.V. v. Çukurova Holding A.S.

    750 F.3d 221 (2d Cir. 2014)   Cited 152 times   4 Legal Analyses
    Holding principal company not essentially at home in New York because even if agents' contacts were imputed to the principal company, "they do not shift the company's primary place of business (or place of incorporation) away from Turkey."
  8. Arbegast v. Board of Educ

    65 N.Y.2d 161 (N.Y. 1985)   Cited 208 times   1 Legal Analyses
    Adopting the common law definition of implied assumption of risk, and citing treatises: Prosser, Law of Torts, at 442 (4th ed.); Schwartz, Comparative Negligence § 9.2; Comparative Negligence Law Practice § 4.20(b) (Matthew Bender); Restatement (Second) of Torts § 496(b)
  9. Winter Storm Shipping, Ltd. v. TPI

    310 F.3d 263 (2d Cir. 2002)   Cited 125 times   1 Legal Analyses
    Holding International Shoe's jurisdictional analysis can be satisfied by post-arrest procedures
  10. Koehler v. Bank of Bermuda

    2009 N.Y. Slip Op. 4297 (N.Y. 2009)   Cited 97 times   14 Legal Analyses
    Holding that a New York court with personal jurisdiction over a defendant may order him to turn over out-of-state property regardless of whether the defendant is a judgment debtor or a garnishee
  11. Section 9 - Award of arbitrators; confirmation; jurisdiction; procedure

    9 U.S.C. § 9   Cited 2,734 times   15 Legal Analyses
    Stating that a district court "must grant . . . an order [confirming an arbitration award] unless the award is vacated, modified, or corrected as prescribed in sections 10 and 11 of [the FAA]"
  12. Section 201 - Enforcement of Convention

    9 U.S.C. § 201   Cited 1,101 times   10 Legal Analyses
    Mandating enforcement of the Convention and incorporating its provisions into federal law
  13. Section 301 - Jurisdiction over persons, property or status

    N.Y. C.P.L.R. § 301   Cited 1,047 times
    Codifying caselaw that incorporates "doing business" standard
  14. Section 5225 - Payment or delivery of property of judgment debtor

    N.Y. C.P.L.R. § 5225   Cited 595 times   1 Legal Analyses
    Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor
  15. Section 5227 - Payment of debts owed to judgment debtor

    N.Y. C.P.L.R. § 5227   Cited 171 times

    Upon a special proceeding commenced by the judgment creditor, against any person who it is shown is or will become indebted to the judgment debtor, the court may require such person to pay to the judgment creditor the debt upon maturity, or so much of it as is sufficient to satisfy the judgment, and to execute and deliver any document necessary to effect payment; or it may direct that a judgment be entered against such person in favor of the judgment creditor. Costs of the proceeding shall not be

  16. Section 301 - Enforcement of Convention

    9 U.S.C. § 301   Cited 68 times
    Implementing the Convention
  17. Section 1650a - Arbitration awards under the Convention

    22 U.S.C. § 1650a   Cited 29 times
    Providing that "pecuniary obligations imposed by an award ... shall be given the same full faith and credit as if the award were a final judgment of a court of general jurisdiction of one of the several States"
  18. Section 461 - Reserve requirements

    12 U.S.C. § 461   Cited 26 times   4 Legal Analyses
    Establishing "reserve requirements"
  19. Section 606 - When superintendent may take possession of banking organization; when possession may be surrendered

    N.Y. Banking Law § 606   Cited 26 times

    1. The superintendent may, in his discretion, forthwith take possession of the business and property of any banking organization whenever it shall appear that such banking organization: (a) Has violated any law; (b) Is conducting its business in an unauthorized or unsafe manner; (c) Is in an unsound or unsafe condition to transact its business; (d) Cannot with safety and expediency continue business; (e) Has an impairment of its capital; or, in the case of a mutual savings and loan association or

  20. Section 4-A-502 - Creditor Process Served on Receiving Bank; Set Off by Beneficiary's Bank

    N.Y. U.C.C. Law § 4-A-502   Cited 22 times

    (1) As used in this section, "creditor process" means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account. (2) This subsection applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights with respect to the creditor process, if the receiving bank accepts the

  21. § 204.1 Authority, purpose and scope

    12 C.F.R. § 204.1   Cited 5 times

    (a) Authority. This part is issued under the authority of section 19 (12 U.S.C. 461 et seq.) and other provisions of the Federal Reserve Act and of section 7 of the International Banking Act of 1978 (12 U.S.C. 3105). (b) Purpose. This part relates to reserve requirements imposed on depository institutions for the purpose of facilitating the implementation of monetary policy by the Federal Reserve System. (c) Scope. (1) The following depository institutions are required to maintain reserves in accordance

  22. § 230.902 Definitions

    17 C.F.R. § 230.902   Cited 4 times   1 Legal Analyses

    As used in Regulation S, the following terms shall have the meanings indicated. (a) Debt securities. “Debt securities” of an issuer is defined to mean any security other than an equity security as defined in § 230.405, as well as the following: (1) Non-participatory preferred stock, which is defined as non-convertible capital stock, the holders of which are entitled to a preference in payment of dividends and in distribution of assets on liquidation, dissolution, or winding up of the issuer, but

  23. § 201.1 Authority, purpose and scope

    12 C.F.R. § 201.1   Cited 4 times

    (a) Authority. This part is issued under the authority of sections 10A, 10B, 11(i), 11(j), 13, 13A, 14(d), and 19 of the Federal Reserve Act (12 U.S.C. 248(i)-(j), 343 et seq, 347a, 347b, 347c, 348 et seq, 357, 374, 374a, and 461). (b) Purpose and scope. This part establishes rules under which a Federal Reserve Bank may extend credit to depository institutions and others. Except as otherwise provided, this part applies to United States branches and agencies of foreign banks that are subject to reserve