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Foreign Defendants: Alternative Service via e-Mail

By Richard Raysman and Jonathan P. Mollod

In today's business world, a physical office or other traditional infrastructure is no longer required, which may be good for commerce, but occasionally troublesome for litigants. Web-based entities located abroad or individuals who rely solely on electronic mail to communicate can be especially difficult to locate, and litigants faced with an international “e-business scofflaw” that is evading service of process often discover that e-mail may be the sole method for effecting service. In response, federal courts are increasingly allowing litigants to serve foreign defendants via e-mail under certain circumstances.

Alternative Means of Service under Rule 4(f)

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