Tag Archives: subpoena

Case of the Day: Republic of Argentina v. NML Capital

The Death of General Warren at the Battle of Bunker Hill by John Trumbull
Letters Blogatory wishes you a happy Bunker Hill Day!
Credit: Wikipedia
Yesterday the Supreme Court handed down its decision in Republic of Argentina v. NML Capital. Just to avoid confusion, this is not the case about whether Judge Griesa got it wrong when he issued an injunction forbidding Argentina to favor holders of new debt over the holdout owners of defaulted debt. The Court denied Argentina’s petition for a writ of certiorari yesterday. 1 This is the case that deals with the interaction between the Foreign Sovereign Immunities Act and Rule 69 of the Federal Rules of Civil Procedure, which gives a judgment creditor the right to take discovery about a judgment debtor’s assets in aid of the judgment. Can the holdout bondholders obtain information about Argentina’s assets around the world? Short answer: yes.
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Notes:

  1. I have stopped covering the dispute about the merits of the injunction and the correct construction of the pari passu clause, because there are lots of people covering it very well.

Belfast Project: Jonathan Zittrain on Cryptography for Archives

Professor Jonathan Zittrain had a very interesting op-ed in the Globe recently on lessons of the Belfast Project case for archivists. He suggests the development and use of what he calls “time-capsule cryptography” to protect archives from the subpoena power of a court.
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