Letters Blogatory

The Blog of International Judicial Assistance

Letters Blogatory

The Blog of International Judicial Assistance

New Website: haguevidence.com!

A couple of months ago I was chatting with a well-known lawyer. He was surprised when I told him I was spending a significant amount of time on Hague Evidence Convention matters. He encouraged me to do some marketing on this. The folkman.law website covers this, but obviously people who know about me aren’t all getting the message! I also have noticed over time a real lack of—I don’t know exactly what to call it—SEO oomph in my online presence. Thus the idea for a separate website, an adjunct to my main site, focused specifically on the Convention and letters

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Case of the Day: In re VUZ-Bank JSC

The case of the day is In re VUZ-Bank JSC (W.D. Va. 2022). VUZ is a Russian bank. It sought discovery in Virginia for use in potential criminal proceedings in Dubai, that it said arose out of a fraud on the bank by Rus-AgroExport LLC, Hakan Holdings Ltd., and Hakan Agro DMMC. VUZ brought a Section 1782 application, and the court authorized the issuance of subpoenas to Agropex International and Hakan USA. Deniz Yelda Bahçeci and Alettin Bahçeci sought leave to intervene to quash the subpoenas. Deniz was the guardian of her minor children, who owned a majority stake in

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Lago Agrio: Dutch Appellate Court Affirms Decision Rejecting Ecuador’s Challenge to Arbitral Award

I’m a little late to this, but there has been a significant development in the investment treaty dispute between Chevron and Ecuador. As long-time readers know, an arbitral tribunal found that the Lago Agrio judgment was fraudulent and that Ecuador was liable to Chevron and had an obligation to suspend the Ecuadoran judgment’s enforceability. Ecuador sought to annul the award in the Dutch courts, but in 2020, the court of first instance rejected its claim. Ecuador appealed, and in the most recent decision, dated June 28, 2022, the Court of Appeal of The Hague affirmed the lower court’s decision. As

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Case of the Day: SEC v. Knox

The case of the day is SEC v. Knox (D. Mass. 2022). The SEC brought a fraud case against Roger Knox. Knox had used entities allegedly owned by Michael Gastauer to launder the proceeds of the fraud. Michael had transferred some of the laundered money to his father, Raimund Gastauer, and to entities the SEC claimed Raimund Gastauer controlled. Raimund, a German national residing in Germany, had moved, unsuccessfully, to dismiss for lack of personal jurisdiction. When that failed, he argued that he did not have an interest in some of the transferred property in question and thus was improperly

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Türkiye Halk Bankasi v. United States: Supreme Court Grants Cert.

The Supreme Court will review the Second Circuit’s decision in Türkiye Halk Bankasi, A.Ş v. United States, a decision rejecting the argument that the United States cannot criminally prosecute a foreign company owned by a foreign sovereign. Paul Stephan has an excellent post about the case at the Transnational Litigation Blog. I don’t want to comment on the details of the arguments in the briefs, though of course I’ll cover the decision when it comes. But it would be absurd, at least in my view, to think that the United States cannot prosecute a bank for bank fraud and money

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Locality

A court in Israel has ordered the government there to recognize marriages conducted by an officiant in Utah between Israelis attending remotely via videoconferencing from Israel. Why, you ask, would Israelis be interested in being married under Utah law? Under Israeli law, as under the law of the Ottoman Empire and the British Mandate that preceded it, marriage is exclusively controlled by the religious communities in the country. The Israeli government appoints Jewish, Muslim, and Druze leaders as marriage registrars, and the Christian churches appoint their own leaders.  I’m just going to focus on the Jewish community here. There is

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What Good Is Section 1783?

The International Shoe revolution, which divorced service of process from territorial jurisdiction, paved the way for easy service of process abroad. But the revolution passed

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What Good Is Section 1783?

The International Shoe revolution, which divorced service of process from territorial jurisdiction, paved the way for easy service of process abroad. But the revolution passed

Read More »

Locality

A court in Israel has ordered the government there to recognize marriages conducted by an officiant in Utah between Israelis attending remotely via videoconferencing from

Read More »