JAYARAM LAW Obtains Dismissal in Adversary Litigation

On June 6, 2012, the Honorable Carol O. Doyle granted Jayaram Law ’s motion to dismiss certain directors and officers sued by the Trustee in fraudulent transfer litigation in the United States Bankruptcy Court for the Northern District of Illinois.  The Court also granted Mr. Jayaram’s motion for insufficient service of process upon one of the firm’s other clients, the publicly traded German company Deutsche Effecten- und Wechsel-Beteiligungsgesellschaft (“DEWB”).

In doing so, the Bankruptcy Court agreed with Mr. Jayaram that the Trustee’s claims against DEWB were improperly served because the pleadings were not served in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Nov. 15, 1965, 20 U.S.T. 361, 658 U.N.T.S. 163 (1969) (the “Hague Convention”).   Furthermore, the Court concluded that there was no need to reach the substantive issues in the case as they applied to the individual defendants because, as Mr. Jayaram argued, those defendants did not have minimum contacts with the United States or this District sufficient to be subject to personal jurisdiction in the case.

Jayaram Law represents corporations from around the world in commercial litigation matters in State and Federal Courts in the United States.  Please contact us for more information about our services.