News & Analysis as of

Foreign Defendants International Litigation

Kennedys

Evasive maneuvers: How US courts sidestep the Hague Service Convention and effects on foreign defendants

Kennedys on

Despite recent fluctuations in trade policy in the US, companies engaged in international shipping find US courts are increasingly familiar territory. But when a foreign shipping company is sued in the US, how that company is...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

Hogan Lovells

Dutch court recognizes cross-border jurisdiction in patent infringement case against Chinese defendant

Hogan Lovells on

In March 2019, Chinese mobile phone manufacturer Xiaomi organized a mobile phone conference in the Netherlands, and it is expected that Xiaomi mobile phones will be listed on the Dutch market shortly after the summer of 2019....more

White & Case LLP

PJSC Tatneft v Bogolyubov: Security for costs order against Russian Claimant with assets in Switzerland and Cyprus

White & Case LLP on

In PJSC Tatneft v Bogolyubov [2019] EWHC 1400 (Comm) the High Court gave a useful indication as to the readiness of the English Courts to award security for costs against a Russian domiciled claimant, in view of perceived...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

Skadden, Arps, Slate, Meagher & Flom LLP

Enforcement Focus on China: What Companies Should Do to Be Prepared

On January 29-30, 2019, Skadden and Han Kun Law Offices co-hosted two seminars — first in New York, then in Washington, D.C. — titled “Enforcement Focus on China: What Companies Should Do to Be Prepared.” Topics included the...more

Knobbe Martens

Maxchief Investments Limited v. Wok & Pan, Ind., Inc.

Knobbe Martens on

Federal Circuit Summary - Before Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Eastern District of Tennessee. Summary: In the context of a suit for a declaration of non-infringement and...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

Troutman Pepper Locke

Finding Foreign Service Difficult? Look for the Defendant on Facebook

Troutman Pepper Locke 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

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 Locke

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

Troutman Pepper Locke 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

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

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