Letters Blogatory

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

Posts tagged “Brussels I

Case of the Day: AlixPartners v. Mori

Posted on December 2, 2019

The case of the day is AlixPartners LLP v. Mori (Del. Ch. 2019). AlixPartners was a “global business advisory firm.” Giacomo Mori was its managing director in Milan. During his employment, Mori received equity interests in two Delaware entities, AlixPartners, LLP and AlixPartners Holdings, LLP. The equity awards were governed by agreements that had Delaware choice of law and choice of forum clauses. He was an employee of AlixPartners S.r.l., an Italian firm, and his employment agreement had an Italian choice of law clause—but no choice of forum clause. All three of the Alix entities were plaintiffs. They alleged that Mori knew he was about to lose his job and that he downloaded confidential company information and refused to return it. They brought claims…

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Case of the Day: Germaninvestments AG v. Allomet Corp.

Posted on June 10, 2019

The case of the day is Germaninvestments AG v. Allomet Corp. (Del. Ch. 2019). Allomet is a Delaware corporation in the business of manufacturing metal powders for coating industrial products. Fobio Enterprises, Ltd., a Hong Kong company, owned the majority of Allomet’s shares. In 2016, it became the sole owner by purchasing shares from the Estate of Richard Toth. Fobio’s beneficial owner was Hannjörg Hereth, a Swiss national. Allomet was facing financial difficulties. In 2017, it had a debt of more than $40 million to Fobio and more than $20 million in net operating loss carryforwards. Hereth met with Richard Herrling, a German national residing in Switzerland, about the possibility of forming a joint venture to raise capital for Allomet. (Germaninvestments, one of the…

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Case of the Day: Avotiņš v. Latvia

Posted on May 30, 2016

The case of the day is Avotiņš v. Latvia (ECHR 2016). Pēteris Avotiņš, an investment consultant residing in Latvia, had borrowed $100,000 from F.H. Ltd., a Cyprus company. FH sued in the Limassol (Cyprus) District Court, alleging that Avotiņš had failed to pay. The Cyprus court granted leave to serve the summons on Avotiņš outside of Cyprus after FH provided an affidavit giving the address of Avotiņš’s supposed habitual residence in Riga. Avotiņš later asserted that the address was neither his business address nor his home address, but rather merely the address of the place where he had signed the deed evidencing the debt.

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