Blog

From this page you can keep up with the latest from my award-winning blog on private international law and international judicial assistance, Letters Blogatory. My friends and colleagues Javier Ochoa Muñoz and Claudia Madrid Martínez publish a companion blog in Spanish, Cartas Blogatorias, which you can also follow here.
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  • Lago Agrio: Argentine Supreme Court Rejects LAP Appeal
    The Argentine Supreme Court has rejected, apparently without a written decision, the appeal of the Lago Agrio plaintiffs from the lower courts’ refusal to recognize the Ecuadoran judgment. I am not aware of any other enforcement proceedings pending anywhere else in the world, so it could be that this really is the end of the […]
  • Some Background On The Law Of Presidential Elections
    I thought my non-American readers might appreciate a (decidedly non-expert) brief outline of US law on presidential elections, in light of President Trump’s unprecedented suggestion that he might seek to delay the US presidential election—an idea so outlandish that when the presumptive Democratic nominee, Joseph Biden, suggested Trump might try it, provoked outraged claims of […]
  • Editorial: The ABA Should Not Amend Model Rule 1.8(e)
    The American Bar Association is contemplating an amendment to Model Rule of Professional Conduct 1.8(e), which today forbids lawyers to “provide financial assistance to a client in connection with pending or contemplated litigation,” with exceptions for advancing “court costs and expenses of litigation” and, in the case of indigent clients, paying “court costs and expenses […]
  • Case of the Day: ShelterZoom Corp. v. Goroshevsky
    The case of the day is Shelterzoom Corp. v. Goroshevsky (SDNY 2020). It’s the latest in the line of cases I love to hate, stemming ultimately from Gurung v. Malhotra: cases authorizing service of process by email in cases governed by the Hague Service Convention where the defendant is in a country that has objected […]
  • Case of the Day: In re Gorsoan Ltd.
    The case of the day is In re Gorsoan Ltd. (SDNY 2020). Gorsoan, a Cyprus company, and Gazprombank, the Russian bank, sued dozens of defendants, including Janna Bullock, in Cyprus, alleging a $25 million fraud. The Cyprus court issued a worldwide asset freeze injunction and requiring the defendants, including Bullock, to disclose their assets. Bullock […]
  • Austria’s Interesting Reservation to the Service Convention
    Austria ratified the Hague Service Convention a week ago. As Mayela Celis noted at Conflict of Laws, Austria made an interesting reservation at the time of ratification: The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of 15 November 1965 shall not apply to the service of documents […]
  • A Review of Robin DiAngelo’s White Fragility
    I recently finished Robin DiAngelo’s book, White Fragility. I think it’s one of those books that it’s important to read because it is being so widely discussed. If you haven’t read it, you should. The basic idea of the book is based on DiAngelo’s experience over many years in facilitating discussions on race and racism […]
  • Jeanne Huang on Australian Information Commission v. Facebook
    Friend of Letters Blogatory Jeanne Huang of the University of Sydney Law School has a report on a recent Australian case on service by email under the Hague Service Convention. Recently, in Australian Information Commission v. Facebook Inc., [2020] FCA 531, the Federal Court of Australia (‘FCA’) addressed substituted service and the Hague Service Convention […]
  • The 2020 Supreme Court Term for Letters Blogatory Readers
    The 2020 term of the Supreme Court, which will begin in October, promises to be interesting for Letters Blogatory readers. Here are the cases I’m watching: Germany v. Philipp. This is the FSIA expropriation case involving the coerced sale of the Guelph Treasure in Nazi Germany and the efforts of the heirs of the Jewish […]
  • Case of the Day: In re Hanwei Guo
    Longtime readers know that one of the big open questions in Section 1782 practice is whether the statute reaches private international arbitrations. Is an arbitration of a typical business dispute a proceeding before a “foreign or international tribunal,” such that an interested person can seek discovery in the United States? The circuits are split, with […]
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