Reaching a party across a border
Before a U.S. court can decide a claim against a foreign defendant, it needs personal jurisdiction, which usually turns on the defendant's activities connected to the forum or on a contractual consent to that court. Service of process abroad is its own step. Many countries, including Korea, are parties to the Hague Service Convention, which sets out channels for formal service, and those channels can take far longer than service at home. A foreign defendant may also ask the court to dismiss in favor of a more convenient forum abroad. These threshold questions can occupy the first phase of a case before anyone reaches the merits.
Evidence and documents overseas
Documents and witnesses located abroad raise practical and legal questions. U.S. discovery is broader than what many countries allow, and some countries restrict sending personal data or business records to foreign courts, which can leave a party caught between conflicting obligations. The Hague Evidence Convention provides one route for gathering evidence abroad, and U.S. courts sometimes order discovery directly from parties before them instead. Foreign-language documents need reliable translation, and witnesses may need interpreters at deposition and trial. Once litigation is reasonably anticipated, preserve relevant records wherever they are kept, including on overseas servers and personal devices.
Starting with the end in mind
Early on we look at where the opposing party's assets are, because a New York judgment may need to be recognized by a court in another country before it can be enforced there, and that court applies its own law. We also review contracts for forum-selection and governing-law clauses that may decide where the case belongs. If you have been served as a foreign company, we discuss the response deadline, any challenge to jurisdiction or service, and how to avoid giving up defenses by responding the wrong way. Where a case in another country is also possible, we coordinate with local counsel so the two proceedings do not undercut each other.
