Letters Blogatory

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

Posts tagged “Ireland”

Case of the Day: RCC Ventures v. Brandtone Holdings

Posted on August 24, 2017

The case of the day is RCC Ventures, LLC v. Brandtone Holdings, Ltd. (S.D.N.Y. 2017). RCC was in the business of introducing businesses to institutional lenders. Brandtone was an Irish firm with its offices in Dublin. RCC had a claim against Brandtone for money it claimed was due under an exclusive debt financing agreement. Brandtone sued in New York. It served process on Brandtone, Inc., which it said was a wholly-owned subsidiary of Brandtone, via the New York Secretary of State. Then RCC sought a default judgment.

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Case of the Day: Microsoft v. United States

Posted on July 18, 2016

The case of the day is Microsoft Corp. v. United States (2d Cir. 2016). The government issued a subpoena to Microsoft under the Stored Communications Act, 18 U.S.C. §§ 2701 et seq. The subpoena sought the production of data that was stored on servers in Ireland. The holding of the case is that in these circumstances, the government had to proceed by request to the Irish government under the US/Ireland MLAT. A warrant under the SCA has no extraterritorial application.

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Case of the Day: National Asset Loan Management v. McCann

Posted on November 6, 2015

The case of the day is National Asset Loan Management, Ltd. v. McCann (Pa. Super. Ct. 2015). NALM sued John McCann in the Irish High Court. McCann resided in Northern Ireland, so NALM sought to serve him with process via the Northern Ireland courts. When that failed, he obtained an order from the Irish courts for substituted service on McCann’s solicitors in Ireland. After NALM effected the substituted service, McCann appeared in the Irish action and moved to set aside the order for substituted service. The court denied the motion, and McCann then defaulted. The High Court entered a default judgment. McCann moved to set the default judgment aside, but the High Court denied the motion; McCann’s appeal in Ireland is still pending. NALM…

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