Letters Blogatory

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

Posts tagged “conflict of laws

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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Case to Watch: Animal Science Products v. Hebei Welcome Pharmaceutical Co.

Posted on January 26, 2018

Readers, keep your eyes on Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., a case that the Supreme Court has just agreed to hear. Here is SCOTUSBlog’s description of the case: The case arose when U.S. companies that purchase Vitamin C from … Chinese companies filed lawsuits against a group of Chinese companies, alleging that the Chinese companies had violated U.S. antitrust laws by conspiring, through a group known as the China Chamber of Commerce, to fix the prices and quantities of Vitamin C. The Chinese companies asked the U.S. court to throw the cases out. They acknowledged that they had fixed prices and quantities of Vitamin C, but argued that they were required to do so under Chinese law—an assertion confirmed in…

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Case of the Day: Fu v. Fu

Posted on January 16, 2018

A hat tip to Sophia Tang for her pointer to today’s very interesting case of the day, Fu v. Fu (Ill. App. Ct. 2017). The United States grants so-called EB-5 visas to “qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise … in which such alien has invested … capital” of at least $500,000. 8 U.S.C. § 1153(b)(5). In 2012, Pengbo Fu, a Chinese national who lived in China, entered into a “gift agreement,” drafted in Chinese and governed by Chinese law, in which he agreed to “make a free and unconditional gift” of nearly $600,000 to his son, Yongxiao Fu, so that the younger Fu could invest the money so as to qualify for…

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