The case of the day is Glock v. Glock, Inc. (11th Cir. 2015). Helga Glock was the former wife of Gaston Glock, creator of the Glock 17 handgun. The Glocks were engaged in divorce litigation in Austria. In 2013, Helga brought an application under § 1782 seeking evidence from Glock, Inc., Glock Professional, Inc., and Consultinvest, Inc., for use in the divorce proceedings. The three entities did not challenge the application, and the parties entered into a protective order limiting the use of documents marked “confidential” to proceedings to which Helga is a party.
Helga later filed a RICO action against Gaston and the Glock companies from which she had received discovery. Still later, in 2014, she asked the court that had granted her § 1782 application to authorize her to disclose the documents she had obtained in discovery to her RICO attorney for use in the RICO action. The magistrate judge granted her motion, but the district judge rejected the magistrate’s conclusion. Helga appealed.
Continue reading Case of the Day: Glock v. Glock, Inc.
The case of the day is SA Luxury Expeditions, LLC v. Latin America for Less, LLC (N.D. Cal. 2015). SA Luxury Expeditions was a travel agency focusing on Latin America. It sued Bernard Schleien, a resident of Peru and a competitor, on a claim of unfair competition and computer fraud and abuse. SA sought to serve process by way of a letter rogatory under the Inter-American Convention (Peru is a party to the IAC but not the Hague Service Convention). However, SA was unable to get a status update from the Peruvian central authority, and so it sought leave to make service by alternate means under FRCP 4(f)(3).
Continue reading Case of the Day: SA Luxury Expeditions v. Latin America for Less
Readers, I hope you will be able to attend an exciting event on the Hague Service and Evidence Conventions this autumn in Washington. Titled “Service of Process and Taking of Evidence Abroad: The Impact of ‘Electronic Means’ on the Operation of the Hague Conventions,” the event will feature panels of distinguished scholars and practitioners from around the world on topics such as (a) the origins, theory and practice of the Conventions, (b) the role of Central Authorities, (c) how civil lawyers and common lawyers deal with issues under the Conventions, and (d) future challenges facing those who use convention mechanisms. I’ll be speaking on one of the panels, though I disclaim the “distinguished” label. Christophe Bernasconi, the Secretary-General of the Hague Conference on Private International Law, will deliver opening remarks, and the keynote speaker will be the Hon. Rimski Yeun, Hong Kong’s Secretary of Justice. A reception will follow.
The event is hosted by the Center on Transnational Business and the Law at Georgetown University Law Center. The co-sponsors are Covington & Burling, Jones Day, Winston & Strawn, the American Branch of the International Law Association, the American Society of International Law, the ABA Section of International Law, and the Hague Conference on Private International Law. You will be able to read about the event right here at Letters Blogatory, but it would be even better to be there in person.
||Service of Process and Taking of Evidence Abroad: The Impact of ‘Electronic Means’ on the Operation of the Hague Conventions.
||Gewirz Center 12th floor
Georgetown University Law Center
600 New Jersey Ave NW, Washington D.C.
||November 2, 2015
||On-line preregistration will be available soon. There is no fee to attend.