AER Advisors Inc. v. Fidelity Brokerage Services, LLC

Whether the Bank Secrecy Act, 31 U.S.C. § 5318(g)(3)(A), confers (a) absolute immunity for any disclosure or (b) immunity only if the disclosure is an objectively "possible criminal violation," is made in good faith, or is not fraudulent; and (2) whether in a diversity case, the transferee court, which is receiving jurisdiction pursuant to 28 U.S.C. § 1404(a) (i.e., only because of witness convenience), must apply the law of the transferor court (including federal law allowing for an immunity defense), or the law of its own court.