In February 2024, the Court of Appeal of England & Wales upheld a September 2023 decision of the Commercial Court in The Republic of Mozambique v Credit Suisse International And Others (No.10), finding that: (1) the President...more
A recent blog described the times when litigators are required to translate into English foreign-language documents exchanged during pretrial discovery, an increasing obligation driven by the global reach of modern...more
In Lucero v. Wheels, Limited, 2023 WL 8622293 (5th Cir. Dec. 13, 2023), Plaintiffs sought to serve the defendant in India. Plaintiffs tried to serve through two international process service companies and the Central...more
When a debtor files for bankruptcy, it’s axiomatic that all creditors, wherever located, must immediately cease their efforts to collect on debts owed to them by that debtor, right? Not necessarily so, says the United States...more
For those readers who are not familiar with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the “Hague Service Convention”), it was established to facilitate...more
Foreign defendants located in countries that are signatories to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (“Hague Convention”) must be served pursuant to the Hague Convention. The...more
The US Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus, directing the US District Court for the Western District of Texas to dismiss multiple infringement actions for insufficient service of...more
A recent opinion from the U.S. District Court for the Southern District of California may help plaintiffs facing the difficulties related to serving foreign defendants, especially in light of challenges caused by the current...more
On December 21, 2018, Japan objected to service by direct mail under Hague Service Convention Article 10(a), which is welcome news for Japanese parties subject to foreign litigation, but creates a hurdle for U.S. plaintiffs...more
Over the last twenty years, the expanding world market has made it easier for domestic companies to conduct business overseas and with foreign corporations. Large and small businesses alike are going global, receiving and...more
Product liability litigation is no stranger to corporate defendants residing outside of the United States. Whether you work for a foreign corporation or represent a foreign corporation, service of process should be at the...more
Your company has entered into a contract with a smaller, foreign company to do business. While your relationship starts off strong, it quickly sours when you discover that the smaller company’s quality standards do not meet...more
Partially obscured by the significant patent venue ruling in TC Heartland, another decision issued by the Supreme Court on the same day, Water Splash v. Menon, presents guidance for multinational plaintiffs and defendants...more
Ed Sheeran has had plenty of court troubles recently. After reportedly reaching a settlement over his song “Photograph” earlier this year, he was recently sued (a second time) for his song “Thinking Out Loud.”...more
The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention” or “Convention”), was designed to simplify and standardize the service of legal documents...more
In a decision sure to have wide-ranging implications for cross-border discovery and governing privacy regimes, the Supreme Court recently held in Water Splash, Inc. v. Menon, that the Convention on the Service Abroad of...more
The Continuing Rise of Chinese Investment in Latin America - Chinese investment and transactions in Latin America exceeded US$125 billion in the last decade, and China is expected to continue to be a key player in Latin...more
For nearly thirty years, federal and state appellate courts have been split on the issue of whether the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, November 15,...more
Starting a lawsuit against defendants outside the United States just got cheaper and easier. On May 22, the U.S. Supreme Court settled a dispute as to whether the Hague Convention on the Service Abroad of Judicial and...more
The U.S. Supreme Court rendered an 8-0 decision in Water Splash, Inc. v. Menon, on May 22, 2017, confirming that service of a complaint and summons by mail is not precluded by the Hague Service Convention (the “Convention”)....more
This week's unanimous U.S. Supreme Court decision in Water Splash, Inc. v. Menon, 581 U.S. ___, No. 16-254, points out a glaring omission in Wisconsin’s service-of-process rules that ought to be fixed, so that Wisconsin...more
Resolving an issue that has divided state courts and the federal circuit courts, the U.S. Supreme Court ruled today in Walter Splash, Inc. v. Menon, No. 16-254, that the Hague Convention on the Service Abroad of Judicial and...more
On May 22, 2017, the Supreme Court decided Water Splash, Inc. v. Menon, No. 16-254. The Court held that the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (Hague...more
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
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