Letters Blogatory

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

Posts tagged “Inter-American Convention

In re BRF Securities Litigation

Posted on January 28, 2019

The case of the day is In re BRF S.A. Securities Litigation (S.D.N.Y. 2019). The lead plaintiff is the Birmingham Retirement and Relief System. It brought an action against BRF, a poultry exporter in Brazil, whose American depository receipts traded on the NYSE. The claim was that BRF and its executives bribed regulators and officials in Brazil, which led to an investigation and criminal charges there. Birmingham brought securities fraud claims, alleging that BRF had made materially misleading statements and omissions. It also sued BRF’s former officers and directors.

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Case of the Day: In re Petrobras

Posted on March 14, 2016

The case of the day is In re Petrobras Securities Litigation (S.D.N.Y. 2016). The action involves investors’ claims of losses due to a bribery and kickback scandal involving Petrobras, a Brazilian oil company. The plaintiffs sought approval from the court to serve a subpoena on Mauro Gentile Rodrigues da Cunha, a former Petrobras independent director. Mr. da Cunha was apparently in Brazil. However, he was born in Philadelphia and was therefore a United States national unless someone could prove by a preponderance that he had lost his US citizenship, and no one tried.

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Case of the Day: SA Luxury Expeditions v. Latin America for Less

Posted on September 2, 2015

The case of the day is SA Luxury Expeditions, LLC v. Latin America for Less, LLC (N.D. Cal. 2015). SA Luxury Expeditions was a travel agency focusing on Latin America. It sued Bernard Schleien, a resident of Peru and a competitor, on a claim of unfair competition and computer fraud and abuse. SA sought to serve process by way of a letter rogatory under the Inter-American Convention (Peru is a party to the IAC but not the Hague Service Convention). However, SA was unable to get a status update from the Peruvian central authority, and so it sought leave to make service by alternate means under FRCP 4(f)(3).

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