Civil Litigation,
International Law,
Corporate
Feb. 19, 2009
Have You Been Served? For Foreign Companies, It's Hard to Tell
Jones Day lawyers Erin L. Burke, Erik Swanhold and Jason C. Wright discuss how a disturbing trend of foreign corporations being served with service of process through their U.S. subsidiaries ignores longstanding precedent.
Erik C. Swanholt
Partner
Foley & Lardner LLP
business and tort litigation
Phone: (213) 972-4614
Email: eswanholt@foley.com
Jason C. Wright
Associate
Jones Day
555 S Flower St 50th FL
Los Angeles , CA 90017-2300
Phone: (213) 243-2810
Fax: (213) 243-2539
Email: jcwright@jonesday.com
UC Berkeley Boalt Hall
Jason is in Jones Day's Business & Tort Litigation group, concentrating in consumer class actions.
A disturbing trend emerging from both federal and state courts in California has allowed foreign corporations that do not maintain senior officers in the state to be served with service of process through their U.S. subsidiaries. These recent rulings generally concluded that the U.S. subsidiary of a foreign entity is that entity's "general manager" for purposes of service of process. These holdings essentially dispense with long-standing precedent, California service law and a well-known...
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