Knock, Knock, Knocking On Menon's Door

In a decision sure to have wide-ranging implications for cross-border discovery and governing privacy regimes, the Supreme Court recently held in Water Splash, Inc. v. Menon, that the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (the " Hague Service Convention" or the "Convention") does not prohibit service by mail. While the Court stated explicitly that its holding does not affirmatively authorize service by mail, the Court concluded that the Convention does not prevent service by mail if: (1) the receiving country has not objected to service by mail; and (2) service by mail is authorized under otherwise-applicable law.

For any corporate entity with global operations or employees and consumers abroad, take a close look at the terms of the Convention, the applicable service laws of the countries in which you maintain operations, and, as always, be mindful of where you might need to look for documents or