No original content here– just a reiteration of something I urge lawyers to always be cognizant of:  which language will govern a contract.  In Five Essential Things– Elaborated, Part 4: Choice of Language, I stressed the importance of choosing a contract’s operative language in the contract itself, and making sure that an accurate translation of that operative language makes the other side aware of its terms.  Horrific things result if lawyers miss the mark.…

Yet another rant here about advice from purported experts on service of process abroad.  The usual tidbits have been making the rounds of late, according to clients who’ve called me. As with many areas of the law, things usually aren’t as simple as they seem.  Sure, I often say to clients that serving in Canada is a piece of cake– a tasty piece of wedding cake– because it really is.  If you know what you’re…

A highly relevant question comes up frequently when I’m handling a Hague Service project for my fellow lawyers: What documents do I have to serve? The genesis of the question is pretty straightforward– and completely reasonable.  Most litigators are unfamiliar with Hague doctrine, so they’re naturally unsure about what special paperwork has to be included in the packet.  Fortunately, it’s got a pretty easy answer (ie: “you tell me!”), but there is significant nuance behind…

Completely off-topic for a legal blog… if you come to Rome and don’t have cacio e pepe, you are criminally negligent. My favorite: Ristorante Terme di Diocleziano.  I cannot overstate the awesomeness of this place.  Really. Your Google coordinates… Ristorante Terme di Diocleziano Via del Viminale, 3/A00184 Roma RM, Italy +39 06 487 2120…

Query from a colleague last week: hey, Aaron, settle a bet for me.  Does Switzerland object to Article 10(a) of the Hague Service Convention? “Emphatically,” I responded.  And went on to tell him that if he tried serving his Swiss defendant by mail, the time it would take to quash it could be clocked with an egg timer. Apparently, there had been much debate within his firm over whether they could simply FedEx the summons &…

A primer for defense counsel here– but a cautionary tale for plaintiffs’ lawyers as well.  [With a focus on federal practice, particularly Rule 4… state rules vary, but not by much.] Hey, Aaron, how do you quash Hague service? This one was posed to me recently by a colleague.  His understanding was that, just like here in the U.S., if your offshore client receives a summons & complaint from a U.S. court, they have to…

About six months ago, I hopped on a conference call with some colleagues who asked me to deliver the keynote address for the annual convention of the National Docketing Association.*  The people the organizers expected to attend are the professional staffers– mostly non-lawyers– who make sure that those magic litigation machines called “law firms” run efficiently.  In short, they’re the support people in firms and court clerks’ offices who make sure lawyers can be…