Transnational Employment Disputes and Forum Non Conveniens
When a company headquartered in the United States enters into an employment contract with an individual working abroad, both parties generally expect the relationship to be mutually beneficial. In most cases, these expectations are realized. In a small number of cases, however, the relationship collapses into acrimony. When this occurs, the U.S. employer may bring…
Continue ReadingIs the Closely Related Doctrine a Creature of State or Federal Law?
The closely related doctrine, discussed here and here and here, posits that a non-signatory to a contract may be bound by a forum selection clause in that contract if the non-signatory is so “closely related” to a signatory that it was “foreseeable” that it would be bound. Robin Effron and I have argued that using…
Continue ReadingNew Decision on Email Service Under the Hague Service Convention
Regular TLB readers may recall that federal district courts are struggling with an important procedural question: whether they may authorize email service when the defendant resides in a country that is party to the Hague Service Convention. In Smart Study Co. v. Acuteye-U.S., Judge Gregory H. Woods (SDNY) held that the answer is no. The…
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