When serving a foreign manufacturer, always issue service of process directly pursuant to the Hague Service Convention, Inter-American Convention on Letters Rogatory, or via an old-fashioned Letter Rogatory, unless you are certain the entity being served is a wholly-owned subsidiary.
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Most federal courts require plaintiffs to attempt service via the Treaty before the courts are willing to authorize service by other means. But a recent judicial order makes it clear that Rule 4 is not explicitly hierarchical.
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The single provision of the Hague Service Convention most litigated by US attorneys is service of process upon foreign defendants by mail. Hundreds of cases have dealt with the propriety of mail service resulting in a variety of holdings and a clear circuit split.
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SCOTUS recently ruled that in order to trigger FSIA’s expropriation exception to jurisdiction, a violation of international law is necessary.
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In the US, the Hague Convention’s use of the word “send” rather than “serve” almost immediately created a split in the Circuit Courts over whether documents “sent” via article 10(a) to a foreign defendant constituted valid service of originating process.
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Every four to five years, the Hague Conference on Private International Law convenes a Special Commission Meeting to review issues associated with the practical operation of the Hague Service and Evidence Conventions.
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The differences between notaries in civil law and common law countries can lead to dangerous misunderstandings for immigrants to the US.
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Looking back on the actual effects of NAFTA after 20 years, it appears to have met some of its goals, while other problems it was designed to solve still exist.
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The Consistency Initiative Pilot Program, announced in 2008, has delivered more consistent examination standards for those applying for trademarks and patents through The United States Patent and Trademark Office (USPTO). Due to the success of the pilot program, The United States Patent and Trademark Office (USPTO) recently announced a permanent...
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Nigeria may have made the news due to the violent acts of Boko Haram, as well as the Ebola outbreaks occurring in the area. But the history of Nigeria is much richer than what you see on the news. These facts on Nigeria can help you get to know...
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