News & Analysis as of

Hague Convention

Don’t Be an April Fool: How to Avoid the Hague Hangover

by Blank Rome LLP on

In the latest variation on “April Fool,” the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary will become effective in the U.S. on April 1, 2017. In one of its...more

Foreign Party Cannot Hide Behind Hague Convention To Avoid Service

by Orrick - NorCal IP Group on

Order Re Service and Motion to Dismiss Re Service, Xilinx, Inc., v. Godo Kaisha IP Bridge 1, Case No. 3:17-cv-00509-JD (Judge James Donato) - It is not uncommon for parties to race to file competing patent suits in their...more

UCC8, UCC9, and The Hague Convention

by Liskow & Lewis on

Lenders who take security interests in securities accounts are familiar with the rules of Articles 8 and 9 of the Uniform Commercial Code that identify the governing jurisdiction for these transactions. Commencing April 1,...more

Hague Securities Convention Takes Effect to Clarify Applicable Law Governing Securities Accounts Held by Intermediaries

by Sullivan & Worcester on

On April 1, 2017, the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary (the "Convention") will take effect in the United States. On December 15, 2016, the United...more

The Hague Securities Convention – IV. What effect does the Hague Securities Convention have on perfection by filing?

The Convention does not affect perfection of a lien by taking physical possession of the securities. However, the Convention may affect perfection of a lien by filing, including the place where the security interest or other...more

The Hague Securities Convention – II. What do these provisions accomplish?

The cited provisions are choice-of-law provisions that select the governing law for the intermediary account agreement, which under the Hague Securities Convention will then also dictate the governing law for other issues...more

Asymmetric jurisdiction clauses protected by Brussels Recast anti-torpedo rules

by Allen & Overy LLP on

In a helpful decision for financial institutions, the High Court has held in Commerzbank Aktiengesellschaft v Liquimar Tankers Management Inc [2017] EWHC 161 (Comm) that an asymmetric (or ‘hybrid’) jurisdiction clause is...more

Hague Securities Convention to Enter Into Effect in the United States - Choice of Law in Respect of Securities Held by...

by Shearman & Sterling LLP on

On April 1, 2017, the Hague Securities Convention — or by its actual name, the Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary — will enter into effect in the United...more

A Challenge to Hague Service by Mail Is Now Before the SCOTUS…Finally

by Wilson Elser on

In Water Splash v. Menon, case number 16-254 before the U.S. Supreme Court, a long-standing and deep split of authority on a basic question involving international service of process has finally reached the high court. This...more

Debt Dialogue: February 2017 - Media Center

This month’s issue of Debt Dialogue addresses the Second Circuit’s recent Marblegate decision, the controversy generated by last year’s Cash American decision, and payment of indenture trustee fees in bankruptcy, as well as...more

Ensuring Easy Depositions in the U.K.

by Planet Depos, LLC on

Depositions in the U.K. are, in many ways, simple and straightforward. There is no language barrier with which to wrangle, should your depositions require travel, nor are there any visa requirements. The U.K. is a party to...more

International Product Liability Review - Issue 65

by Hogan Lovells on

The International Product Liability Review provides quality updates and comment from around the world on legal developments in the field of product liability and product safety. Please see full Publication below for more...more

Six Tips for Taking Depositions in India

by Planet Depos, LLC on

Certain countries have a few extra or different steps when it comes to scheduling depositions. Depositions in Germany can be taken only at the U.S. Consulate in Frankfurt, for example, while Honduras requires a letter...more

Service of Process on Foreign Defendants

by Fish & Richardson on

The Supreme Court has agreed to review whether service of process by mail on foreign defendants is permissible or whether service through diplomatic channels is necessary. While the case that raised this issue is from a state...more

US Supreme Court to Decide Whether Foreign Defendants May Be Served by Mail

The U.S. Supreme Court has decided to review a key issue concerning service abroad of process on foreign defendants — namely, whether foreign defendants may be served by mail. The case, Menon v. Water Splash, Inc., marks the...more

Hague Securities Convention’s Impact on Secured Transactions Choice-of-Law Rules

by Morgan Lewis on

Choice-of-law rules for security interests in security entitlements in securities credited to security accounts will change on April 1, 2017 when the Hague Securities Convention comes into effect....more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

by Carlton Fields on

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

The Supreme Court - December, 2016

by Dorsey & Whitney LLP on

The Supreme Court of the United States granted certiorari in seven cases on Friday afternoon: Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189: 1) Whether a "conditional sale" that transfers title to...more

New York Appellate Courts Now Unified on Hague’s “Send versus Serve” Issue

by Wilson Elser on

New York’s appellate departments are now unified with respect to their interpretation of Article 10(a) of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters...more

Hague Convention Only Considers One Habitual Residence of a Child

When a child is removed from or retained in a country that is not a child's habitual ­residence a parent can seek to have the child ­returned to their habitual residence country under the Hague Convention on the Civil Aspects...more

English Court confirms that package limitation under the Hague Rules excludes a bulk cargo

by Reed Smith on

A recent decision provides authority for the broadly accepted understanding that a “unit”, for the purposes of limitation under Article IV Rule 5 of the Hague Rules, cannot apply to a bulk cargo – it can only mean a physical...more

Nevada case a reminder to foreign entities: Protect your due process rights when served

by Thompson Coburn LLP on

Foreign companies frequently face lawsuits filed by U.S.-based plaintiffs. The service of the initial lawsuit on a foreign company is a process that has come under greater scrutiny in recent years in order to ensure...more

Brasil, Chile y Marruecos se unieron a la Convención de la Haya sobre la Apostilla, simplificando el proceso de legalización de...

by Littler on

Brasil, Chile y Marruecos recientemente se unieron al “Convenio de La Haya del 5 de octubre de 1961 Suprimiendo la Exigencia de la Legalización de los Documentos Públicos Extranjeros” (la “Convención de la Haya sobre la...more

Brazil, Chile and Morocco Join the Apostille Convention, Simplifying the Process for Legalization of Documents

by Littler on

Brazil, Chile and Morocco recently joined “the Hague Convention of 5 of October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents” (the “Apostille Convention”) and will accept documents that have...more

Discovery From Foreign Affiliate Is Denied

by Morris James LLP on

Plaintiff seeks core technical documents regarding certain accused products that are in the possession of defendant’s foreign affiliates. He court finds that plaintiff has not demonstrated defendant’s control over the...more

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