Letters Blogatory

The Blog of International Judicial Assistance

Letters Blogatory

The Blog of International Judicial Assistance

Blogatory Update

This blog is brand-new, and I’ve been taking a crash course in how WordPress works. I’ll be adding features as I go along. Today’s additions: A Resources page, with links to some useful primary and secondary sources. I will be adding additional resources as I go. A Policies pages, with the fine print. A share this toolbar for each post. In order to see the toolbar, you have to click on the post’s title. The toolbar will appear at the bottom of the page for each post. If you like what you read, please share it on Twitter, Facebook, or

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Arbitral Tribunals as “Tribunals” Under The Judicial Assistance Statute

Prior to 2004, it was fairly clear that arbitral tribunals were not “tribunals” for purposes of the judicial assistance statute, 28 U.S.C. § 1782, and thus that the statute did not authorize the District Courts to compel discovery in aid of foreign arbitrations. But in light of dicta in Intel Corp. v. Advanced Micro Devices, Inc., a 2004 Supreme Court decision, the district courts have divided on the question. Judges in Massachusetts, Delaware, Minnesota, and the Northern District of Georgia have held that arbitral tribunals are tribunals within the meaning of the statute. Judges in the Northern District of Illinois, the

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Digest: 10 January 2011

United States v. Barry Fischer Law Firm, LLC, Civ. A. No. 10-7997 (S.D.N.Y. Jan. 5, 2011). Where the plaintiff sought to serve a summons and complaint on Brazil in an interpleader action, and where the Inter-American Convention on Letters Rogatory required service via letter rogatory, 28 U.S.C. § 1608 requires the plaintiff to attempt service via letter rogatory before resorting to alternate methods of service.

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Case of the Day: Bluemedia, Inc. v. Sordid Ones BV

Our very first case, BluMedia, Inc. v. Sordid Ones BV, involves an attempt by a U.S. litigant to serve a Dutch defendant with a summons and complaint via email. According to the Complaint, BluMedia is “one of the largest marketers of adult entertainment and more specifically gay adult online entertainment.” BluMedia accused Sordid Ones, which it believed to be a Netherlands company with offices in IJmuiden, North Holland, and in Burbank, California, of trademark and trade dress infringement. The lawsuit was pending in the U.S. District Court for the District of Colorado. BluMedia first tried to serve the complaint by

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Welcome!

Greetings! If you have an active civil or commercial litigation practice, you probably have come across more and more private international law issues in recent years: how to serve process abroad; how to collect evidence abroad; how to act as local counsel on behalf of foreign lawyers seeking to obtain evidence in your own country; and so forth. There are lots of good resources on the Web to help you get oriented to these issues. To begin with, there is the Hague Conference on Private International Law, where you can find the texts of the Hague Service, Evidence, and Apostille

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The Blog of International Judicial Assistance

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