News & Analysis as of

Foreign Corporations Service of Process

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

Latham & Watkins LLP

China Amends Foreign-Related Civil Procedure Rules

Latham & Watkins LLP on

On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments...more

Cadwalader, Wickersham & Taft LLP

Recent Amendments to English Civil Procedure Help Simplify the Issuance of Contractual Claims Against Foreign Defendants—Service...

On 6 April 2021, an amendment was introduced to the Civil Procedure Rules 1998 (S.I. 1998/3132) (the “CPR”) at Part 6 concerning service out of the jurisdiction. The change is of interest where at least one or more...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

Allen Matkins

Serving Agents That Can't Be Found

Allen Matkins on

Yesterday's post discussed how to effect service on a foreign corporation. Two of three statutory options relate to service on an agent of the corporation. What if an agent cannot be found? Mirabile dictu! The GCL provides...more

Allen Matkins

Whom Do You Serve?

Allen Matkins on

Due process requires proper notice. Without notice, all may be for naught. James Joyce's alter ego, Leopold Bloom, took note of this fact in the Cyclops chapter of Ulysses...more

Allen Matkins

Court Rules Registration To Transact Intrastate Business Does Not Establish General Jurisdiction

Allen Matkins on

A foreign corporation registering with the California Secretary of State to transact intrastate business must, among other things, designate an agent for service of process in California. Does this amenability to service...more

Polsinelli

Illinois Supreme Court Fundamentally Limits the Ability to Sue Non-Illinois Corporations

Polsinelli on

Following recent precedent from the U.S. Supreme Court, the Illinois Supreme Court limited the circumstances in which a non-resident corporate defendant can be subject to suit in Illinois on claims with no connection to the...more

Allen Matkins

This Foreign Corporation’s Status May Be Forfeited, But The Resident Agent Remains

Allen Matkins on

A recent ruling by U.S. District Court Judge Otis D. Wright II illustrates how it may be easier to enter California than to leave it. Real v. St. Jude Med., Inc., 2017 U.S. Dist. LEXIS 47081 (C.D. Cal. Mar. 29, 2017)...more

Brownstein Hyatt Farber Schreck

Unanimous Colorado Supreme Court Issues Precedential Ruling on General, Tag Jurisdiction

In a closely watched case, Monday’s Colorado Supreme Court decision in Magill v. Ford Motor Co. established two precedents that will make it harder to sue foreign corporations in Colorado going forward. The underlying...more

Allen Matkins

9th Circuit Holds Subsidiary Could Be The General Manager Of Its Parent

Allen Matkins on

Section 2110 of the California Corporations Code governs service of process on a foreign corporation. One means of valid service under the statute is by delivering process by hand to the corporation’s general manager in...more

McDermott Will & Emery

Motion to Quash Service Is Not a Collateral Order and Therefore Not Appealable - United States v. Sinovel Wind Grp. Co.

McDermott Will & Emery on

The U.S. Court of Appeals for the Seventh Circuit concluded that the district court’s denial of defendant Sinovel’s motion to quash service of process is not an appealable order under the collateral order doctrine. The Court...more

Baker Donelson

Georgia Legislature Clarifies Service of Process Statute for Georgia Domestic and Foreign Corporations Doing Business in Georgia

Baker Donelson on

On July 1, 2013, clarifying changes to Georgia’s Civil Practice Act went into effect regarding how a plaintiff can accomplish service of civil process against a Georgia corporation, as well as foreign corporations doing...more

Allen Matkins

Changes In California Business Entity Filings Take Effect Next Week

Allen Matkins on

The California Secretary of State has given notice of the following changes to business entity filings...more

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