Judicial Assistance Treaties

New 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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Further Developments in Smart Study

TLB has been following Smart Study v. Happy Party-001, a Chinese counterfeiting case in the Southern District of New York, since Judge Gregory Woods issued his thoughtful opinion last summer concluding that service by email on Chinese defendants is not permitted by the Hague Service Convention (a decision we covered in a prior blog post)….

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The Impossibility of Serving Russian Defendants

The Hague Service Convention is a blessing and a curse. By obligating each country that has joined to designate a Central Authority for effectuating service of process on defendants within its territory, the Convention provides a means of service that respects foreign sovereignty, complies with federal rules, and helps ensure the enforceability of resulting judgments….

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A Primer on Transnational Discovery

Discovery is a formal process in which each party gathers information relevant to its case. Transnational discovery may be necessary to obtain information located abroad for use in U.S. courts or to obtain information located in the United States for use in foreign courts. As a general matter, courts may order parties subject to their…

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A Primer on Service of Process

Serving process on a defendant does two things: (1) it asserts the court’s authority over the defendant; and (2) it provides the defendant with notice of the lawsuit. In the United States, process can be served by private parties. But many foreign states regard service as a public act that can be done only by…

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A Primer on Judicial Assistance Treaties

[This post is one in a series of primers on various topics in transnational litigation. More primers can be found on our topic pages, accessible by clicking Topics at the top of the page.] In transnational litigation it will often be necessary to do something within the territory of another state, such as serve process,…

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Seeking Second Circuit Review of Service in Smart Study

The plaintiff in Smart Study has attempted to appeal Judge Woods’ careful decision concluding that the Hague Service Convention does not permit service by email.

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Throwback Thursday: Blackmun’s Prescient Dissent in Aérospatiale

In Société Nationale Industrielle Aérospatiale v. U.S. District Court (1987), the Supreme Court held that U.S. courts need not treat the procedures set forth in the Hague Evidence Convention as the exclusive or even the primary means for managing discovery of evidence located abroad. Four justices dissented in part in a remarkably prescient opinion authored…

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SDNY Rejects Service by Email on Chinese Companies

In Smart Study Co. v. Acuteye-US, a federal court in the Southern District of New York (Judge Gregory Woods) rejected service by email on Chinese companies in a trademark and copyright infringement case. China and the United States are parties to the Hague Service Convention. The court reasoned that the Convention precludes service by email,…

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A Primer on State Law in Transnational Litigation

The procedural and substantive rules that U.S. courts apply in transnational litigation come from many sources, including the U.S. Constitution, international treaties, customary international law, federal statutes, federal rules, and federal common law (both preemptive and non-preemptive)—but also, state statutes, state rules, and state common law. This primer focuses on the underappreciated role of state…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Matt Slovin

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Noah Buyon

Duke University School of Law
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Will Moon

University of Maryland
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William K. McGoughran

Vanderbilt Law School
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Chimène Keitner

UC Davis School of Law
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Catherine Amirfar

Debevoise & Plimpton LLP
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Justin R. Rassi

Debevoise & Plimpton LLP
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Isabelle Glimcher

Debevoise & Plimpton LLP
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Ben Köhler

Max Planck Institute for Comparative and International Private Law
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Aaron D. Simowitz

Willamette University College of Law
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