SDNY Approves Email Service for Temporary Measures and Contempt
The Second Circuit’s recent decision in Smart Study Co., Ltd. v. Shenzhenshixindajixieyouxiangongsi made clear that defendants located in Hague Service Convention member states that have objected to service by postal channels typically cannot be served by email. Last month, Judge Rakoff of the Southern District of New York addressed an important limit to Smart Study’s…
Continue ReadingA Primer on Service-of-Process Clauses
A service-of-process clause is a contract provision that specifies how a summons and a complaint shall be served upon a person named as a defendant in a U.S. court. This post surveys the issues presented by such provisions. It first discusses the three most common varieties: (1) those that specify a method by which process…
Continue Reading