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New Paper on SSRN: Gurung v. Malhotra Is Wrongly Decided
Long-time readers will know that Gurung v. Malhotra, 279 F.R.D. 215 (S.D.N.Y. 2011), the 2011 decision on service of process by email, is my white whale. I have watched with dismay as a handful of new cases have cited Gurung in support of the erroneous position that service by e-mail is permissible in cases where……
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Case of the Day: Gurung v. Malhotra
The case of the day, Gurung v. Malhotra (S.D.N.Y. 2011), involves unsavory allegations of mistreatment of a domestic laborer by a foreign official. Shanti Gurung sued Neena Malhotra, the Counselor of Press, Culture, Information and Community Affairs at India’s consulate general in New York, and her husband, Joseph Malhotra. The claim was that the Malhotras……
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The Special Commission on Service by Email, Part 1
The Special Commission on the practical operation of the Service, Evidence, and Access to Justice Conventions has just completed its 2024 meeting and, at last, taken on the issue of service by email under the Hague Service Convention. Its conclusions are welcome and should have a significant influence on US courts’ decisions, which in recent……
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Service of Process Since 2016: What’s New?
The fourth edition of the Practical Handbook on the Operation of the Service Convention was published in 2016. With a meeting of the Special Commission likely to take place next year, it’s a good time to step back and ask: what have been the major American developments in the law of service since then? I……
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Case of the Day: Nexon Korea v. Ironmace
The case of the day is Nexon Korea Corp. v. Ironmace Co. Ltd. (W.D. Wash. 2023). Nexon sued Ironmace, a Korean company, alleging that it misappropriated trade secrets and infringed its copyright by developing a video game called “Dark and Darker.” Nexon also sued two of Ironmace’s employees, Ju-Hyun Choi and Terence Seungha Park. Nexon……