Blog Authors

Latest from Hague Law Blog

An important term of art arises in Hague analysis, but the definition of the term varies depending on which treaty is being applied, and depending on who is defining it.  Both the Hague Adoption Convention (1993) and the Hague Child Abduction Convention(1980) are in force in the United States.  Both are intended to harmonize disparate legal doctrines in countries with different systems.  And both are intended to provide certainty in the legal protection of…
Another “I get this question pretty regularly” post… and the answer is usually pretty good news, in comparison to a parent’s dreaded fear. The question usually pops up in a listserv or at some bar function, but occasionally in a call from a lawyer who’s stumbled across this blog in a Google search:  “my client’s wife is threatening to leave him and take the kids back to (insert country name here)… what can I do?” …
With all the fanfare this month over the government shutdown and the Kansas City Chiefs’ coin-toss defeat in the AFC Championship, a little-noticed story out of the Trump Administration could prompt a tsunami of litigation (yeah, I’ve wanted to use that expression for a while now) against offshore companies doing business with Cuba.  I withhold comment here about the broader ramifications of such suits,* but an important element of the puzzle lies squarely within my…
Of all the impactful moments I’ve experienced on overseas CLE programs, one stands out above the rest.  Our group of American lawyers was given a special tour of the Supreme Court of the United Kingdom (yes, they’ve had one for nearly ten years).  We had visited the main courtroom– complete with an invitation to sit in the justices’ chairs– the Privy Council Chamber, the court’s suite of offices… and then, they offered to show us…
One of the odd quirks about serving an offshore defendant is the very routine possibility that plaintiff’s counsel could be contacted by the defense before a foreign authority notifies anyone that service has even been effected.   A hypo, to illustrate… Dieter from Düsseldorf signs a contract with Pete from Peoria to supply Pete’s company with machine parts.  Everybody knows that German manufacturers are incredibly efficient– while their machine parts are of outstanding quality– and Pete…
A few weeks back, a personal injury lawyer in Memphis* called to ask how he could serve a defendant in Switzerland.**   I told him that the Swiss have a fairly straightforward view of the Hague Service Convention, and that there was only one effective way of getting the job done: an Article 5 request to the right Cantonal Central Authority.  No muss, no fuss, you get a proof back in a matter of two…
It’s been a while since Civ Pro class, so here’s a quick FRCP refresher.  A claim for relief– which is to say, just about any complaint filed in federal court– has to be short.  And plain.  See Rule 8. Rule 8. General Rules of Pleading (a) Claim for Relief. A pleading that states a claim for relief must contain: (1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court…
A client emailed me recently with a question that she already knew the answer to, but needed a little affirmation regardless.  The answer to this one is so stunningly simple as to warrant a “hey, am I crazy here, or what?” message, sort of like trying to remember if your wife likes creamy or crunchy peanut butter.  No, really, I should remember, but self-doubt creeps in and jumbles the whole adventure. Her perfectly reasonable question,…
Anybody who knows me well… knows my political leanings.  They’re no secret, but they’re usually immaterial to this blog so I leave them out of commentary almost entirely.  Full disclosure– I’m a labor Democrat, as evidenced by my first job after college, staffing a  labor Democrat in the United States Senate.*  It should surprise precisely no one that I disagree with the sitting president on just about everything.  So a couple of weeks ago, my…
We just got back from a ten-day CLE conference in Paris, the timing of which was rather unique.  Not only did it fall on the centennial of the Armistice, but it also marked the third anniversary of the horrific terrorist attacks of November 13, 2015.  Most of the carnage of that evening took place in the 11th Arrondissement, Paris’ most densely populated district.  The Bataclan– in the 11th.  The Comptoir Voltaire– in the…