Letters Blogatory

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

Posts tagged “Russia

Case of the Day: Batbrothers LLC v. Paushok

Posted on December 11, 2018

The case of the day is Batbrothers LLC v. Paushok (N.Y. Sup. Ct. 2018). Batbrothers had a $25 million judgment against Sergey Viktorovich Paushok from a Russian court. It sought recognition and enforcement in New York and moved for summary judgment. Paushok defended on grounds of lack of standing, a supposed lack of finality of the Russian judgment, and a supposed lack of conclusiveness. The standing argument is somewhat difficult to discern, and so I don’t address it here.

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DNC v. Wikileaks: Russia Asserts Immunity

Posted on November 13, 2018

In its lawsuit against Wikileaks, Russia, and others, the Democratic National Committee has effected service on Russia under 28 U.S.C. § 1608(a)(4), slowest and most solemn method of service in foreign sovereign cases, and the only one that is more or less guaranteed to work. By diplomatic note, Russia returned the documents that the United States embassy had sent to the Russian foreign ministry by diplomatic note. The service itself is not legally interesting or exceptional, though I think it does tend to illustrate the lack of a strong reason to stretch the construction of other provisions of § 1608. More interesting is Russia’s assertion of immunity, which it filed, apparently with the help of an unnamed US-trained lawyer. In my prior post, I…

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Quick Thoughts on the DNC’s Lawsuit Against the Trump Campaign, Russia, and Wikileaks

Posted on April 20, 2018

The Democratic National Committee has filed a lawsuit against Russia, Wikileaks, President Trump’s campaign, and others in New York. The complaint features many of the claims we have been reading in the news about the hacking of the DNC’s emails, their publication on Wikileaks, the Trump campaign’s participation, and so forth. My views on President Trump and his administration are well-known to regular readers. I’m not going to comment on the merits of the claims or on the political wisdom of the suit. But I think it is worth it to address, briefly and in a preliminary way, the jurisdictional issues raised by the claim against Russia and instrumentalities of the Russian state. The basic rule is that Russia is immune from the jurisdiction…

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