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The Year In Review 1: Service By Email Under The Hague Service Convention
This is the first in a series of “year in review” posts, where I eschew my usual “case of the day” format and comment more generally on some issues from the past year that seem significant to me. The topic of this post is service of process via email. Does the Hague Service Convention permit……
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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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Case of the Day: In re Heckmann Corp. Securities Litigation
The case of the day is In re Heckmann Corp. Securities Litigation (D. Del. 2011). The case was a purported class action on behalf of the common stockholders of Heckmann. The plaintiffs alleged that Xu Hong Bin, the former CEO and President of China Water & Drinks, Inc., had misrepresented the strength of China Water’s……
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Case of the Day: Suzlon Energy v. Microsoft
Today’s case of the day, Suzlon Energy Ltd. v. Microsoft Corp. (9th Cir. 2011), is another case involving the Stored Communications Act. Suzlon brought a judicial assistance application seeking to serve a subpoena on Microsoft for the contents of emails from the Hotmail account of Sridhar, an Indian national, for use in a civil case……
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Case of the Day: Richmond Technologies v. Aumtech Business Solutions
The case of the day is Richmond Technologies, Inc. v. Aumtech Business Solutions (N.D. Cal. 2011). Richmond Technologies, which did business as ePayware, “provides enterprise resource planning software for financial service companies who provide credit card terminals to merchants.” So it is a middleman’s middleman’s middleman, I guess. Aumtech’s status was unclear. According to Richmond,……