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Gucci America, Inc. et al v. Li et al

MEMORANDUM OF LAW in Opposition re: 135 MOTION to Compel Bank of China to produce all documents requested in the July 16, 2010 and February 23, 2011 Subpoenas and clarifying that "Defendants" covers Defendants newly identified in Plaintiffs' Second Amended Complaint <i. Document

53 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 5,630 times   236 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  2. Walden v. Fiore

    571 U.S. 277 (2014)   Cited 4,312 times   49 Legal Analyses
    Holding that “the mere fact that [defendant's] conduct affected plaintiffs with connections to the forum State does not suffice to authorize jurisdiction.”

  3. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 16,839 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

  4. Asahi Metal Indus. Co. Ltd. v. Superior Court

    480 U.S. 102 (1987)   Cited 4,877 times   40 Legal Analyses
    Holding that, in suit by Taiwanese manufacturer for indemnification against Japanese manufacturer, the assertion by California court of personal jurisdiction over Japanese manufacturer was unreasonable

  5. Calder v. Jones

    465 U.S. 783 (1984)   Cited 4,621 times   23 Legal Analyses
    Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"

  6. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,606 times   109 Legal Analyses
    Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )

  7. Phillips Petroleum Co. v. Shutts

    472 U.S. 797 (1985)   Cited 1,789 times   19 Legal Analyses
    Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”

  8. Burnham v. Superior Court of Cal., Marin County

    495 U.S. 604 (1990)   Cited 679 times   7 Legal Analyses
    Holding that personal service in a state is sufficient for establishing personal jurisdiction

  9. O'Connor v. Sandy Lane

    496 F.3d 312 (3d Cir. 2007)   Cited 1,133 times   7 Legal Analyses
    Holding a vacation company purposefully contacted Pennsylvania by mailing brochures and calling Pennsylvania residents

  10. Metropolitan Life Ins. v. Robertson-Ceco Corp.

    84 F.3d 560 (2d Cir. 1996)   Cited 1,381 times
    Holding that dismissal was appropriate where no witnesses or other evidence were located in Vermont, neither party was a resident, and "Florida, the locus of the alleged tort . . . ha far more significant interest[] in resolving the dispute"

  11. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,594 times   105 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

  12. Section 78aa - Jurisdiction of offenses and suits

    15 U.S.C. § 78aa   Cited 2,326 times   19 Legal Analyses
    Granting "[t]he district courts of the United States . . . exclusive jurisdiction [over] violations of [the Exchange Act of 1934] or the rules and regulations thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by [the Exchange Act of 1934] or the rules and regulations thereunder."

  13. Section 1965 - Venue and process

    18 U.S.C. § 1965   Cited 741 times   1 Legal Analyses
    Providing for special RICO venue

  14. Section 1348 - Banking association as party

    28 U.S.C. § 1348   Cited 624 times   9 Legal Analyses
    Granting federal district courts original jurisdiction over matters involving any national banking association

  15. Section 200 - When foreign banking corporation may transact business in this state

    N.Y. Banking Law § 200   Cited 84 times   2 Legal Analyses

    No foreign banking corporation, other than a bank organized under the laws of the United States, shall transact in this state the business of buying, selling, paying or collecting bills of exchange, or of issuing letters of credit or of receiving money for transmission or transmitting the same by draft, check, cable or otherwise, or of making loans, or of receiving deposits, or of exercising the fiduciary powers specified in section two hundred one-b of this chapter, or transacting any part of such

  16. Section 1304 - Application for authority; contents

    N.Y. Bus. Corp. Law § 1304   Cited 83 times   1 Legal Analyses
    Requiring a foreign corporation to designate the Secretary of State "as its agent upon whom process against it may be served," in order to do business in the state

  17. Section 1301 - Authorization of foreign corporations

    N.Y. Bus. Corp. Law § 1301   Cited 67 times   3 Legal Analyses

    (a) A foreign corporation shall not do business in this state until it has been authorized to do so as provided in this article.A foreign corporation may be authorized to do in this state any business which may be done lawfully in this state by a domestic corporation, to the extent that it is authorized to do such business in the jurisdiction of its incorporation, but no other business. (b) Without excluding other activities which may not constitute doing business in this state, a foreign corporation

  18. Section 3101 - Definitions

    12 U.S.C. § 3101   Cited 37 times   4 Legal Analyses
    Defining "Federal branch" as "a branch of a foreign bank established and operating under [ 12 U.S.C. § 3102]"

  19. Section 103 - Application

    N.Y. Bus. Corp. Law § 103   Cited 19 times

    (a) This chapter applies to every domestic corporation and to every foreign corporation which is authorized or does business in this state. This chapter also applies to any other domestic corporation or foreign corporation of any type or kind to the extent, if any, provided under this chapter or any law governing such corporation and, if no such provision for application is made, to the extent, if any, that the stock corporation law applied to such corporation immediately prior to the effective date

  20. Section 28.21 - Service of process

    12 C.F.R. § 28.21   Cited 3 times

    A foreign bank operating at any Federal branch or agency is subject to service of process at the location of the Federal branch or agency. 12 C.F.R. § 28.21