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Second Circuit Review: Recovering Frozen Terrorist Assets; Attorney Work Product
December 2, 2003 Full PDF
The December 2 New York Law Journal "Second Circuit Review" features an article written by Martin Flumenbaum and Brad Karp titled "Recovering Frozen Terrorist Assets; Attorney Work Product." The column examines two recent decisions of the U.S. Court of Appeals for the Second Circuit that resolve difficult and nuanced legal questions. In the first case -- Smith v. Federal Reserve Bank of New York -- the Second Circuit held that surviving family members of victims of the World Trade Center terrorist attacks could not satisfy a prior judgment by recovering certain assets of the Iraqi government frozen by the U.S. and held by the Federal Bank of New York. In the second -- In re Grand Jury Proceedings -- the Second Circuit ruled that a letter given by a criminal defendant to the prosecutors did not result in waiver of a lawyer's work product covering notes of conversation with these officials. The editor notes that Mikhail Ratner assisted in the preparation of the article.