Is Service of Process Via Social Media Expanding?
A discussion of the U.S. Bankruptcy Court for the Southern District's recent decision In Re Three Arrows Ltd. The authors question: "Will 'Three Arrows' point courts in a new direction, and stand as authority to condone service of discovery requests via alternative service of a Rule 45 subpoena outside the United States, via email and social media?" Stand by.
April 05, 2023 at 10:00 AM
5 minute read
Legal Technology
When faced with an elusive litigant, service of process can be quite complicated. Times are changing, as reflected by the U.S. Bankruptcy Court for the Southern District of New York's recent decision, In Re Three Arrows Ltd. The focus is on Rule 45 of the Federal Rules of Civil Procedure. Absent from Rule 45 is specific direction regarding service of individuals outside the United States who are not U.S. nationals or residents.
Three Arrows involves a debtor investment firm, incorporated in the British Virgin Islands. The decision "focused on trading cryptocurrency and other digital assets. The debtor was reported to have over $3 billion of assets under management as of April 2022." The company's directors included Su Zhu (Zhu), Mark James Dubois (Dubois) and Kyle Livingstone Davies (Davies).
Davies was American by birth, but held Italian and Singaporean passports. Davies and Zhu created Three Arrows Capital, LLC in Delaware, and registered that company to allow for operations in the state of California under the name Three Arrows Capital Management, LLC. Davies and Zhu formed Three Arrows Capital, Ltd. in the British Virgin Islands. Davies, Zhu and Dubois sought and obtained credit from financial institutions in the United States, including J.P. Morgan Chase, Citibank, and Bank of America.
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