Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts by Jie Huang

Jeanne Huang on Australian Information Commission v. Facebook

Posted on July 14, 2020

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 in the context of the COVID-19 pandemic. This case is important on whether defendants located in the US can be served by substituted service instead of following the Hague Service Convention.

+Read more

Legal Mazes in the US/China IP Dispute

Posted on October 2, 2018

China claims to be strengthening its domestic intellectual property (IP) framework. It has even invited Western companies to sue if they believe IP breaches have occurred within China. But these claims are not a substantial rebuttal to US criticisms of online IP infringement. There remain factors that discourage IP rights holders from bringing cases against IP infringers in the latter’s home country. And the implementation of the laudable Chinese E-Commerce Law still needs to be put to the test.

+Read more

Proving Chinese Law: Deference to the Submissions from Chinese Government?

Posted on May 3, 2018

Longtime friend of Letters Blogatory Jie Huang, senior lecturer in the University of New South Wales Faculty of Law, has a short piece on cases in which non-US courts have considered what deference to give to Chinese interpretations of Chinese law. This is obviously of interest in light of the Animal Science Products case. The two cases she discusses may not be that comparable, as she notes, since one is a Hong Kong case and the other is a Singapore case addressing the status of Macao. In both cases, there would seem to be clearer grounds for deference to China’s views. My own take on the overarching issue is that particularly when the foreign state has some outcome in the case (e.g., when it…

+Read more