Letters Blogatory

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

Posts tagged “European Union

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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Looming Problem of the Day: In re Application of del Valle Ruiz

Posted on April 15, 2019

The Second Circuit heard oral argument on March 25 in In re Application of Antonio del Valle Ruiz. Del Valle Ruiz was an investor in Banco Popular Español who lost his investment when the EU and the Spanish government put the bank into receivership and sold it for € 1 to Banco Santander. Del Vale Ruiz sought to annul the bank liquidation in the Court of Justice of the EU, and it sought discovery from Santander in New York under § 1782. The court held that Santander (including Banco Santander, S.A., Santander Holdings U.S.A., Inc., and Santander Bank N.A.) was not “found” and did not “reside” in New York, as the statute requires. Del Valle Ruiz appealed.

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Brexit Update: The UK’s Interesting COCA Accession

Posted on January 4, 2019

The United Kingdom deposited its instrument of accession to the Hague Convention on Choice of Court Agreements yesterday. The UK is currently bound by the Convention, because the European Union approved the Convention in 2015. Under the terms of that approval, the Convention bound all EU states except Denmark. But with Brexit on the horizon, the new accession is not a surprise.

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