Aurelius Capital Ptnrs., LP v. Argentina, No. 08-5621

In defendant Republic of Argentina's appeal from the district court's orders of attachment and execution entered in late 2008 over Argentine social security funds, the order is reversed where: 1) nonparty Argentine social security administration was clearly affected by the order and thus had standing to appeal; and 2) the funds were not subject to attachment because they were not being used for a commercial activity in the United States as of the effective date of the Argentine legislation transferring the funds to the control of the administration.

Read Aurelius Capital Ptnrs., LP v. Argentina, No. 08-5621

Appellate Information

Argued: May 11, 2009

Decided: October 15, 2009

Judges

Opinion by Judge Wallace

Counsel

For Appellant:

Jonathan I. Blackman, Carmine D. Boccuzzi, Christopher P. Moore, Rahul Mukhi, Benjamin J. A. Sauter, and Michael J. Byars, Cleary Gottlieb Steen & Hamilton LLP, New York, NY

For Appellees:

Barry R. Ostrager, Tyler B. Robinson and David Elbaum, Simpson, Thacher & Bartlett LLP, New York, NY

David Dunn, Hogan & Hartson LLP, New York, NY