Litigation of counsel Martin Flumenbaum and firm Chairman Brad Karp’s latest Second Circuit Review column, “The Limits of Email Service on China-Based Defendants,” appeared in the December 26 issue of the New York Law Journal. The authors discuss a recent decision in Smart Study Co., Ltd. v. Shenzhenshixindajixieyouxiangongsi, in which the court unanimously upheld the lower court’s dismissal of two China-based defendants for lack of proper service. The Second Circuit held email service when a foreign state objects violates the Hague Service Convention, and no exception to the Federal Rules of Civil Procedure applies. Email service on China-based defendants had become an increasingly common maneuver; the Court’s ruling, on an issue of first impression in the Circuit, is significant because it limits a method of service that some litigants have used to move quickly against hard-to-reach foreign defendants. Litigation associate Michael Pisem assisted in the preparation of this column.
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