Hi Marlene:
I think I should be able to do a call on Tuesday between 12-2 pm or 530-730 pm Israel time.
Let me know if those times will work. I will be in London, two hours behind Israel.
Best, John
From: Marlene Mazel [mailto:[email protected]]
Sent: Thursday, March 21, 2019 7:05 AM
To: Bellinger III, John B.
Cc: David.GoldfarbFW; [email protected]; Arie alon Peled; DeRise, Robert; Anderson, Reeves
Subject: RE: Call on Bank of China
Hi John,
Sounds good.
Marlene
From: Bellinger III, John B. [mailto:[email protected]]
Sent: Thursday, March 21, 2019 1:04 PM
To: Marlene Mazel
Cc: David.GoldfarbFW; [email protected]; Arie alon Peled; DeRise, Robert; Anderson, Reeves
Subject: RE: Call on Bank of China
Hi Marlene:
You are right: I will be in London on Tuesday and Wednesday of next week. My schedule is still evolving, but I think I should have 30 minutes at some
point on Tuesday or possibly on Wednesday (until 330 pm London time, when my flight leaves). Let me come back to you later today or tomorrow with a proposal.
We should also discuss Tamimi and Peled. FYI, in Tamimi, two groups of defendants have filed petitions asking the DC Circuit for a limited rehearing
by the same panel to correct several errors in the decision. Here is Rob DeRise’s summary of the motions:
The petition on behalf of Bank Leumi and other corporate defendants filed by Covington and Cleary asks the panel to amend the opinion “for the limited purpose of correcting a statement in the Panel Opinion that misapprehends an important issue of undisputed
fact.” That is, the opinion stated that all defendants to this litigation are “American citizens or entities,” when the corporate defendants “are
not ‘American citizens or entities,’” as the parties acknowledge and as pleaded in the complaint. It is quite surprising that a factual error of that significance worked its way into the D.C. Circuit opinion. The petition notes the significance of
the misstatement because under Jesner “foreign corporations may not be defendants in suits brought under the ATS.” Therefore, the petition asks either that the panel strike the “American citizens or entities” descriptor or, obliquely, suggests the
panel “might have chosen to affirm the dismissal of the Amended Complaint against the Foreign Corporate Defendants based on
Jesner.”
The petition on behalf of Lawrence Ellison, Haim Saban and Friends of the Israel Defense Forces filed by Baker Botts tries a similar approach, seeking panel rehearing to correct a misstatement. Their argument is that when the Plaintiffs “expressly waived any
theory of liability premised upon the conduct of Israeli soldiers,” “[f]or defendants Ellison, Saban, and FIDF, this is the only theory of liability that matters because these defendants are only alleged to have, directly and indirectly, contributed to the
Israeli military.” Therefore, they argue, “the appeal should have been dismissed as to them based on Plaintiffs’ waiver.”
John
From: Marlene Mazel [mailto:[email protected]]
Sent: Thursday, March 21, 2019 6:50 AM
To: Bellinger III, John B.
Cc: David.GoldfarbFW; [email protected]; Arie alon Peled; DeRise, Robert; Anderson, Reeves
Subject: Call on Bank of China
Dear John,
Hope all is well. Looking forward to seeing you in DC next week.
We would like to set up a c all to discuss the Bank of China case – perhaps we can speak at 11:30 on Tuesday, March 26th, Israel time (which
will be at 3:30 US time – if there is a 7 hour time difference) or somewhere about that time on Wednesday of next week – between 9-11 pm Israel time. I prefer on Wednesday the 27th. As I recall you may be travelling next week – so perhaps suggest
time(s) that will work for you.
Warm regards,
Marlene
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