Letters Blogatory

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

Posts tagged “conflict of laws

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: Masillionis v. Silver Wheaton Corp.

Posted on May 1, 2018

The case of the day is Masillionis v. Silver Wheaton Corp. (C.D. Cal. 2018). The case was for securities fraud. Silver Wheaton was a Canadian corporation whose shares traded on the NYSE. Masillionis claimed that Silver Wheaton had failed to disclose to investors a risk that Canada’s tax authority could reassess its tax liability for profits earned by its Cayman Island subsidiary. Via letters rogatory, he sought discovery of legal opinions Silver Wheaton’s accountants and auditors had received from its lawyers.

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