You have to check out this post from Tom O’Connor on his docNative Paradigm blog. Tom covers the Gucci Amer., Inc. v. Curveal Fashion case, 2010 WL 808639. Basically, Gucci wanted documents produced from Curveal’s bank in Malaysia, United Overseas Bank’s New York Agency (UOB NY). UOB NY was not a party to the underlying action, and plus Malaysia had a privacy statute that would have prevented production.
The court held in favor of the plaintiff by citing a 5 part test which is laid down in the Restatement (Third) of Foreign Relations Law of the United States. Check out Tom’s blog to find out with factor was “of the greatest importance in determining whether to defer to the foreign jurisdiction.”
