Letters Blogatory

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

Posts tagged “Hague Evidence Convention

Blockchain for Central Authorities?

Posted on August 23, 2019

Burcu Yüksel and Florian Heindler have published a post on “Use of Blockchain Technology in Cross-Border Legal Cooperation under the Conventions of the Hague Conference on Private International Law (HCCH).” Jan Von Hein reviewed it at Conflict of Laws, and I’m going to review it here. I have a feeling that my post today will be read more than the usual Letters Blogatory post because it has the word “blockchain” in it. #Blockchain. Block. Chain.

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Case of the Day: Motorola v. Hytera

Posted on April 2, 2019

The case of the day is Motorola Solutions, Inc. v. Hytera Communications Corp. (N.D. Ill. 2019). Motorola sought a forensic examination of several Hytera computers in China. The court denied the motion for reasons mostly having to with the timeliness of the request, which we need not consider here. But in an extended dictum, the court went on to explain that Motorola had failed to show that ordering the examination would be consistent with Chinese domestic law and that the Aerospatiale factors weighed against allowing the discovery under the FRCP rather than requiring a request under the Hague Evidence Convention.

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Case of the Day: In re Request for International Judicial Assistance from the Court of First Instance of Macau

Posted on February 28, 2019

The case of the day is In re Request for International Judicial Assistance from the Court of First Instance of the Special Administrative Region of Macau, 2nd Civil Court (N.D. Cal. 2019). A court in Macau made a request to the US Central Authority under the Hague Evidence Convention, seeking aid in obtaining answers to interrogatories from Phillip J. Ferraro. Mr. Ferraro refused to answer the questions voluntarily, and so the government brought an application under § 1782.

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