INTERNATIONAL LAW

You have an international company headquartered in the Far East. You have a subsidiary located in California. Yesterday, you received a telephone call from the president of your subsidiary stating that: "We just got served with a complaint against you, our parent corporation." What should you do?

Most countries are signatories to the Hague Convention. This agreement, among other things, requires a corporation to properly serve the defendant corporation in its country of origin and translate the summons and complaint to the language of the company's homeland. Importantly, the subsidiary and parent corporation must act promptly to claiming improper service. Within 30 days, the suing corporation may seek a default. Once entered, the suing corporation can obtain a judgment without your company's knowledge. The judgment is enforceable.

Some U. S. companies or individuals believe that Far East companies will not respond. Therefore, these suing companies or individuals proceed quickly to judgment. Once obtained, these entities proceed to enforce judgment in the parent company's homeland. The parent corporation is at risk that its homeland courts will honor the judgment, particularly, when there is an appearance of due process, i.e., service and opportunity to be heard.

 

Free Consultation

If you have any questions, please call, fax or E-Mail. See FORM at the end of this Web Site.

In matters of high priority, this firm will make available an attorney to visit the subsidiary and/or parent corporation to investigate the litigation and provide advice. If needed, an attorney will board a flight to your country. Depending upon the country and need, we will provide translation services. We will explain the nature of the litigation, examine alternatives, and present a projected time table for the litigation. This will include anticipated attorney fees, costs and a time line for law and motion matters, discovery, and the trial.

Thank you.




********************************************************************************
Regan Braun Law Offices
2522 Artesia Boulevard • Suite 200 •Redondo Beach • California 90278
Tel (310) 372-1988 • Fax (310) 318-5894.
e-mail: jregan@reganlaw.com

********************************************************************************
Copyright © 1998 Law Offices of James J. Regan