News & Analysis as of

Service of Process Foreign Defendants

Patterson Belknap Webb & Tyler LLP

Commercial Division Court Issues a Decision Extending Time for Service and Permitting Alternative Service Methods to Foreign...

On July 17, 2023, Justice Reed of the New York County Commercial Division issued a decision extending the time for service and permitting the Plaintiff in Zantaz Enter. Archive Solution, LLC v. Adecco IT Servs., Inc., Index...more

TransPerfect Legal

You’ve Been Served: The Hague Service Convention Explained

TransPerfect Legal on

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

Littler

To Quash or Not to Quash: Necessity of Formal Service of Process on Foreign Defendants through the Hague Convention

Littler on

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

Proskauer - Minding Your Business

An Alternative to Foreign Service of Process

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

Pillsbury Winthrop Shaw Pittman LLP

Japanese Government Finally Declares Objection to Service by Mail under the Hague Service Convention

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

Butler Snow LLP

New Frontiers for an Old Treaty: Service by Mail under the Hague Convention

Butler Snow LLP on

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

Allen Matkins

California Court Finds Russian Court's Service Comported With Due Process

Allen Matkins on

California adopted the 1962 Uniform Foreign Money-Judgments Recognition Act in 1967. The Act was intended to encourage the reciprocal recognition of United States judgments abroad by codifying rules as to foreign money...more

Dechert LLP

English Court Takes a More Flexible Approach to Service of Proceedings on a Foreign State

Dechert LLP on

A trend has emerged which demonstrates the London Commercial Court’s increasing willingness to adopt a pragmatic approach to the method of service of documents on a foreign State in appropriate cases, even though the...more

Troutman Pepper

Finding Foreign Service Difficult? Look for the Defendant on Facebook

Troutman Pepper on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Charting the Waters of International Service Requirements in the Wake of Water Splash v. Menon

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

Mintz - Privacy & Cybersecurity Viewpoints

Knock, Knock, Knocking on Menon’s Door

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

Mintz - Arbitration, Mediation, ADR...

Supreme Court Holds That the Hague Service Convention Does Not Prohibit Service of Process Abroad by Mail

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

Troutman Pepper

You've Got Mail: Supreme Court Holds Foreign Defendants May Be Served Via Certified Mail Under Hague Convention

Troutman Pepper on

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

Dechert LLP

SCOTUS Approves International Service of Process By Mail

Dechert LLP on

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

Foley & Lardner LLP

Water Splash Reveals a Glaring Omission in Wisconsin's Service-of-Process Rules, Which Ought To Be Fixed

Foley & Lardner LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

Latham & Watkins LLP

Please Shut the Gate: High Court Decision on Important Jurisdictional Gateway

Latham & Watkins LLP on

The English Civil Procedure Rules specify a number of “jurisdictional gateways” by which a foreign defendant may be brought within the jurisdiction of the English courts under the so-called common law rules. Amongst these is...more

Nossaman LLP

Catch Me If You Can: How To Serve Foreign Defendants

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You are sitting at your desk when your client calls to tell you that his or her customer breached an agreement. As you do your intake, you ask where the customer resides. You learn that the customer (potential defendant) has...more

Morrison & Foerster LLP - Social Media

Federal Court in Manhattan “Likes” Service of Process via Facebook

On March 7, 2013, a federal court in Manhattan ruled, in Federal Trade Commission v. PCCare247 Inc., that service via Facebook is an acceptable alternative means of serving court documents on foreign defendants. Although this...more

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