France’s highest court, the Court of Cassation (CoC), ruled earlier this month to resolve procedural issues in favor of six not-for-profit groups in their lawsuit against oil giant Total Uganda. In 2019, six French and Ugandan nonprofit civil society organizations (CSOs) brought a lawsuit against Total Uganda. According to an article published by Jurist.org,…
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Hague Court Rejected Widows’ Lawsuit Against Shell
/in Hague Convention/by Ancillary LegalEarlier this year, the District Hague Court rejected a lawsuit brought by four Nigerian widows against global oil giant Shell. The lawsuit claims that Shell purportedly helped to corrupt witnesses that were testifying against the widows’ late husbands. The Nigerian government executed the four men in 1995 following protests of Shell and its alleged exploitation…
Part II: Going to Trial? Tips for Young Lawyers
/in Legal Careers/by Ancillary LegalIn the second part of our trial tips series, we continue to provide guidance for young lawyers and more experienced ones who want to succeed at trial, or at least put their best case forward. Below are more tips from the American Bar Association (“ABA”) on preparing and conducting trials. ● Create Witness Outlines, Not…
Part I: Going to Trial? Tips for Young Lawyers
/in Legal Careers/by Ancillary LegalIf you are a young lawyer preparing for trial, or a more experienced lawyer who does not try cases often, there are some reading materials you should pick up. Specifically, Fundamentals of Trial Techniques by Thomas A. Mauet and Winning at Trial by D. Shane Read. Reading these two books should be part of your…
Telltale Signs of a Possibly Invalid Last Will and Testament
/in Legal Careers/by Ancillary LegalIf you practice in estate planning, you may have a potential client come to you seeking to contest a decedent’s Last Will and Testament. When considering whether to contest such a document on a client’s behalf, you should consider the telltale red flags that are present when a will is likely invalid. Doing so will…
Lawyer Suspended for Coaching Client During Virtual Trial Through Chat Function
/in Legal Careers/by Ancillary LegalAn Arizona lawyer agreed to a two-month long suspension of his license after he was accused of coaching his client during a virtual trial by using the chat function on GoToMeeting, according to an article published by the American Bar Association (“ABA”) Journal. The Situation According to Law.com, the attorney was accused of…
Breach of Jurisdiction Agreements: Damages Under German Law
/in Hague Convention/by Ancillary LegalThis scenario likely comes before litigators and arbitration lawyers who work in the space of international law. An American client believes it may have a seven figure claim against a foreign contractual partner. That foreign contractual partner refuses to pay the claim. Not surprisingly, the U.S. company wants to enforce this claim, preferably through its…
International Service of Process by Mail Allowed by Brazil’s Highest Court
/in international service/by Ancillary LegalThe supreme court of Brazil, known as the Supreme Federal Court (STF), recently ratified the ruling of an American court regarding a legal dispute between an American and Brazilian company. The Case The matter at issue involves a decision by a New York court that ordered copyright distributor Latin Stock Brazil Produces to pay…
France’s Highest Court Gives Procedural wins to Civil Society Organizations
/in international service/by Ancillary LegalFrance’s highest court, the Court of Cassation (CoC), ruled earlier this month to resolve procedural issues in favor of six not-for-profit groups in their lawsuit against oil giant Total Uganda. In 2019, six French and Ugandan nonprofit civil society organizations (CSOs) brought a lawsuit against Total Uganda. According to an article published by Jurist.org,…
Failure to get Translation Gets Foreign Case Dismissed
/in International, international service/by Ancillary LegalOn May 8, 2019, the Higher Regional Court of Frankfurt (“HRCF”) in Germany held that although a translation of the statement of claim is not required under the law, a plaintiff is responsible for doing so if he or she opts for a translation under Regulation (EC) No. 1393/2007 on the service in the Member…
HAGUE CONVENTION: FORMAL SERVICE OF PROCESS ON FOREIGN DEFENDANTS NECESSARY?
/in international service/by Ancillary LegalIs formal service of process required when serving foreign defendants located in countries that are signatories to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (Hague Convention)? The short answer is “yes.” According to the Hague Convention, foreign defendants located in signatory countries must be served according to the international…
Investigation Exposes Weaknesses in Vatican City’s Judicial System
/in International, international service/by Ancillary LegalInvestigation Exposes Weaknesses in Vatican City’s Judicial System A recent criminal investigation into a Vatican City real estate investment has revealed weaknesses in the Holy See’s judicial system, including a lack of protections for those accused. The result, it seems, is that the judicial system and procedures are incompatible with European norms. Understanding…
Part II: Japanese Government Objects to Service by Mail Under the Hague Convention
/in Hague Convention, International, international service, Process Server/by Ancillary LegalIn our last post, we explained that the Convention on the Service Abroad of Judicial & Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention”) is a multilateral treaty adopted on November 15, 1965 by member nations of the Hague Convention on Private International Law (the “Convention”). This Hague Service Convention created unified rules…