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Last summer, service of process in a major case was effected via Twitter.  In Twitter Service Hits the Bigtime, I commented that such service was okay under FRCP 4(f)(3) because the more traditional means were foreclosed to the plaintiffs.  Wikileaks was on the hook, in the eyes of the S.D.N.Y. Yesterday, Wikileaks’ founder, Julian Assange, was arrested in London following Ecuador’s backtrack fro granting him asylum. So, does the DNC now have to try…
“Two things I know to be true:  there is no difference between good flan and bad flan, and there is no war in Albania.” — William H. Macy as “CIA Agent Young” in Wag the Dog A shameless plug there for one of my favorite movies. Not only was Macy the clueless CIA agent dressed down in Wag by Robert de Niro, but he was also clueless Oldsmobile salesman Jerry Lundegaard in another of my…
Last fall, I posted “FSIA Service… it’s really not that difficult” following several very poorly titled articles describing the Trump Administration’s support of a foreign government’s argument in a sovereign immunity case.  Sudan had asserted that service on its Embassy in Washington was not appropriate under the Foreign Sovereign Immunities Act, and the Department of Justice weighed in on Sudan’s side.  The outrage from both left and right irked the hell out of…
I’ve seen a huge spike lately in the number of divorce attorneys calling about serving subpoenas on offshore banks.  The routine story: Spouse A (usually the wife, but not always) has learned that Spouse B (usually the husband, but not always) has tucked a few thousand dollars into some offshore account, usually in one of several countries that are famous for stringent banking secrecy laws.  Switzerland, the Cayman Islands, and the Channel Islands are those…
Here we go again.  I’ve written before in this space that, yes, counsel, you do have to translate that thing. But resistance keeps coming up in the legal community:  “oh, come on, the defendant lived in Chicago* for twelve years– the guy speaks English!” Perhaps, but he lives in Germany now, and you’re serving him there.  Germany requires translation into German, without regard to the defendant’s competence in English. (Yet they continue to push.)…
We ain’t building rockets here.  But we are building a ship of sorts, and a leaky hull means the cruise ship might not get you to that cabana sheltered rum drink you’ve been craving.  Serving process in the British Virgin Islands is subject to the strictures of the Hague Service Convention, regardless of which U.S. venue* is hearing the matter– in exactly the same way as service in England and Wales.  Still an overseas territory, the…
We ain’t building rockets here.  But we are building a ship of sorts, and a leaky hull means the cruise ship might not get you to that cabana sheltered rum drink you’ve been craving.  Serving process in the Bahamas is subject to the strictures of the Hague Service Convention, regardless of which venue is hearing the matter.  No longer an overseas territory of the United Kingdom, the Bahamas adopted an independent constitution in 1968,* and fully…
Three years before Mauritius gained its independence from the United Kingdom (ie: 1965 and 1968), a chain of tiny islands in the Indian Ocean were separated from the island colony, and still remain under British control five decades later.  On Monday, the International Court of Justice Issued an advisory opinion holding that the UK had illegally separated the archipelago from Mauritius, raising a slew of questions as to the strategic islands’ future. The history of
It happens all the time. I’ll give a lecture or mention what I do at a bar association event, and the colleague I just met will express appreciation for what I do, tell me it’s a really neat niche, and then try to convince himself that our practice areas don’t overlap.  I’m here to tell you that, yes, they do.  But it’s tough to convince highly experienced professionals that something outside their wheelhouse might be…
Yesterday afternoon, I had the great pleasure of guest lecturing for a friend who teaches international management at the Henry W. Bloch School of Management at UMKC.  The topics we touched on ranged from general knowledge about the dispute resolution process (negotiation, mediation, arbitration, litigation…) to the Foreign Corrupt Practices Act.  A good chunk of my lecture described what I do during within a more broad description of how a lawsuit progresses:  The Hague Service…