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HOW TO SERVE LEGAL PAPERS IN A GATED COMMUNITY

Gated Community

Undisputed Legal | Process Service

In the United States, civil process servers ensure that everyone gets their due process rights. The problems that process servers encounter along the road complicate things, and getting the job done is made much more difficult. Gated communities have been shown to provide a physical barrier for process servers who are attempting to execute their duties. Some defendants in the justice system know that their whereabouts are safe inside the iron gates of their gated communities, and so they avoid going to court altogether by evading service.

Even though gated neighborhoods create difficulties for process servers, the precedent has seen some settlement to the issue. Some states have introduced legislation to aid the service of individuals, while other states are still developing similar regulations.

[1.0] CURRENT STATE OF LEGISLATION

Service on an apartment building doorman varies depending upon jurisdiction as well. In California, a court held that the doorman must be ‘considered a competent member of the household‘ and apparently in charge. The court held that since the doorman is authorized to control access to the building to both residents and visitors, the court assumed a valid relationship between the parties who rendered service of process upon the doorman legal. Similarly, while defendants may control whether doormen may accept mail or packages, they may not negate the legal service of process.

Since a gated community has guards stationed outside the gates, it is analogical to presume that service of process levied upon a doorman of an apartment building can be linked to service of process intended to a gated community.

California, Florida, Illinois, Washington are major states that offer limited exemptions or affirmative defenses against trespassing. Essentially, in areas that are access-controlled, process servers in these jurisdictions are permitted to enter private property for a reasonable period of time to attempt service. Further, a doorman is required to grant access to a server, although there is nothing in the law that forbids forewarning the resident of the impending service. If access is refused, the doorman of the apartment association itself risks incurring liability. In California, Registered Process Servers are granted a limited exemption against trespassing in gated communities. This allows servers to enter private property for a reasonable period of time to attempt service of process. Gated communities which are ‘…staffed by a security guard, or where access is controlled, must allow a Registered Process Server to enter for service of process upon presenting valid identification, and indicating to which address the process server is going.’

[2.0] WHEN CAN A DOORMAN OR GUARD BE SERVED

It is important to refer to the case of DuPont et al. v. Chen, in which the court set forth specific criteria as to when service on a doorman is legal if visitors are not permitted entry. The court stated that, in order to determine the efficacy of service in this situation, it was necessary to look at whether the server determined with the doorman that the defendant actually lives in the building, whether the server attempted to leave notes for the defendant to contact them, and whether the doorman notified the server that the defendant picked up these notes. If these conditions are satisfied — thereinafter demonstrating that the server made good-faith efforts to determine that the defendant resided in the building and enlisted the doorman’s help in contacting the defendant — then leaving the papers with the doorman was held to be valid. 

According to the court of appeals in DuPont v. Chen, a ‘doorman’ is expected to ‘screen calls, announce guests, and receive deliveries for tenants.’  The doormen of an apartment building are often successful in blocking the physical movement of process servers at the lobby floor level while they are making their way to provide service on intended recipients, usually situated on the levels above the lobby. Too many apartments, the doorman will be stationed inside the front door, and every person who arrives will have to go through them to enter. 

[3.0] SERVICE OF PROCESS IN NEW YORK

While serving a ‘natural person’ in most civil cases, a process server will physically give them their accompanying legal papers, to another individual residing in the defendant’s regular home, and then attach or affix them to the door. Furthermore, the server follows up by providing a mailing copy.   When serving legal papers, the server is physically handing them to the receiver and therefore complying with the CPLR.

Under CPLR 308, if a process server serves a doorman in the lobby and not a particular apartment unit, they are rendering service on behalf of the receiver. As a result, this rule has not explicitly stipulated that a server is forbidden from leaving documents for doormen who are positioned at the lobby level, like how a process server at a reception desk might hand over legal papers to a business associate. This is where CPLR 308(2) comes in. 

Process servers in New York are only allowed to leave papers with a doorman in a few circumstances. While this fact should be recognized for its self-evident qualities, service on a doorman at the lobby level is referred to be bad service in New York courts. Substituted service is one of the ways to deliver legal papers that start a case. The papers are left with someone else to give to the defendant or respondent and copies are mailed. 

Substituted service can only be used when personal delivery is tried and the person is not there. Inviting a doorman to serve the defendant does not always comprise good service since there is no immediate relationship with the defendant, which cannot encompass ‘fair notice.’ When there is enough time for a defendant to prepare for a lawsuit, fair notice requirements are fulfilled. If the defendant has no evidence that they know about an ongoing action against them, the court may enter a default judgment against them. 

[3.1] ACCEPTING SUBSTITUTE SERVICE ON THE DOORMAN

New York Courts categorizes providing a doorman with court papers as appropriate service only if there are unique circumstances during said service. CPLR 308(2) permits service by doorman only in two situations: [A.] when they have  ‘reconstructed’ the ‘Dwelling Place or Usual Place of Abode’ (as specified by CPLR 308(2), or [B.] when the doorman has spoken with the recipients directly about service.

Reconstructing the dwelling place simply would refer to representative circumstance essentially explaining why a process server would leave documents with a doorman. Essentially, rather than classifying service on a doorman as bad service, the lobby is reconfigured to serve as the abode of the individual. In a precedent caselaw concerning the same, the judge made the verdict that because the ‘doorman refused entry’ past the lobby floor to the process server, the court allowed the hotel lobby to qualify as the ‘dwelling place or usual place of abode’ for the recipient.  As a result, the doorman hindered the advance of the process server, who was seeking to serve the defendants and prevented the server from proceeding to the real home of the defendants. Therefore, giving service to the doorman was appropriate. For a gated community, the option of personal communication with recipients is more relevant. 

In the State of New York, a process server cannot serve a doorman at the lobby floor (instead of the actual apartment) until their progress has been officially ‘arrested’ or halted by a doorman. This means that a process server must do three things for proper service to be effected, being [A.] attempt to provide service but be specifically stopped by the doorman after making an unimpeded attempt to gain both entrances into the building and then access to the specific unit or apartment within the building to serve documents upon the intended party, [B.] be explicitly denied access to the apartment by the doorman and [C.] upon service to the doorman, the server must mail copies of said documents to all involved parties. 

[4.0] ISSUES FACED BY GATED COMMUNITIES

A major difficulty encountered by managers of gated complexes is determining whether to allow a process server to enter the community’s boundaries.  Before commencing an adversarial process, proper service of papers is imperative. Proper service of process will establish personal jurisdiction of the court over the person served. If the defendant ignores said process, then the court or administrative body may find the defendant in default and award relief to the plaintiff.  Consequently, it is important that the defendant get adequate notice of the allegations that are being made against them. In order to protect its reputation, a Community Association cannot look the other way when issued with a legal document and left at the gate. Often, servers who are not allowed past the gate due to active guards who refuse access can ensure service is completed by leaving the papers at the gate, which can negatively impact a defendant. 

This is not just a problem for the individual being served. For residents who reply to Summons and complaints promptly, the possibility of a Default Judgment for that residence is brought sometimes within twenty days of the first filing. Failure of an Association to have a policy in place may result in liability and the chance of lawsuits. homeowners have tried to dodge process in order to avoid adversarial procedures such as lawsuits since the beginning of guard-gated communities. 

[4.1] IS THE GUARD REQUIRED TO ALLOW A PROCESS SERVER INTO THE COMMUNITY

It is in the interest of the individual to identify whether the  Community Association has a policy in place regarding process servers.   This is important because an individual party to be served is unavailable for personal service, many jurisdictions allow for substituted service. Substituted service allows the process server to leave service documents with another responsible individual, called a person of suitable age and discretion, such as a cohabiting adult. 

In the absence of such policy, the Association can very easily be liable for any missed process service by the individual and can be open to lawsuits stemming from their negligence. Consequently, a Community Association to protect itself is to have a policy in place, provide notice to individuals, and strictly adhere to that policy.  From a legal standpoint, the most important part is that there is a policy in place and that the homeowners are notified. Otherwise, so long as it is reasonable, it is up to the Association to determine what policy to adopt. 

An Association can choose from a myriad of policies including [A.] Forwarding Policy, [B.] Notice Only Policy, [C.] No Assistance Policy, [D.] Entrance Policy, [E.] Escorting Policy. With a forwarding policy, the homeowner is free to let the process server enter the neighborhood, but agrees to send any papers delivered to the guard gate. Although some associations have opted out of sending legal, time-sensitive papers to residents, there are still others that are more than willing to take on those responsibilities, risks, and additional postal expenses. Although the liability is reduced by appropriate record-keeping and adequate notification, the Association will still have the obligation and pay postal costs. 

More typical is having an entry policy, where a guard will let any process server who presents identity and paperwork access the organization, as long as the process server has a proper purpose.  Most areas also include an escort policy, although this is highly time-intensive. Anyone who attempts to provide service at the gate is escorted to the residence, and the process server cannot simply leave a copy of the document at the gate if the homeowner is not home.  

Process servers are banned from trespassing on property in almost every state. Even the smallest intrusions are seen as illegitimate, unlawful, and may lead to sanctions for perpetrators. Process servers have found that gated communities and apartment complexes make it difficult for them to do their jobs. However, most areas are obliged to grant entry to them. However, this fact may be overcome where the process server is in the direct employment of a law enforcement agency, such as the U.S. Marshals Service, a county sheriff’s department, or other law enforcement agency having a responsibility to serve documents.

For more information on serving legal papers, contact Undisputed Legal our Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Bein v. Brechtel-Jochim Group, Inc., 6 Cal. App.4th 1387 (1992

2. Bossuk v. Steinberg, 88 A.D.2d 358 (1982),

3. In Washington, ‘Registered Process Servers’ are granted a limited exemption or affirmative defense against trespassing:

RCW 9A.52.090 (4)

4. California Code, Code of Civil Procedure – CCP § 415.21

5. DuPont et al. v. Chen, 41 N.Y.2d 794 (1977),

In this case, copies of the summons and complaint were delivered to the Sheriff of the City of New York for personal service on each of the defendants, husband, and wife. On Tuesday, September 24, 1974, a Deputy Sheriff went to the apartment house at 220 West 93rd Street, Manhattan, in which defendants resided. It appears that he was permitted entry and made his way to the defendants’ apartment, No. 4A. On receiving no response, he left a card inviting defendants to communicate with him. On Thursday, September 26, he returned, again was permitted entry and on receiving no response left his card under the door of the defendants’ apartment for the second time. When he went back to the apartment house on Monday, September 30, he was greeted by the doorman. He identified himself and inquired about defendants. After informing the Deputy Sheriff that the defendant had received his message, the doorman would not permit him to go up to the defendants’ apartment. *796 The deputy then handed the doorman two copies of the summons and complaint, one set for each defendant. On returning to his office the deputy also mailed copies to each defendant at 220 West 93rd Street.

6. Section 308 of the Civil Practice Law and Rules (CPLR)

7. New York Consolidated Laws, Civil Practice Law, and Rules – CVP § 308. Personal service upon a natural person

Personal service upon a natural person shall be made by any of the following methods:

{1.)by delivering the summons within the state to the person to be served

8. New York Consolidated Laws, Civil Practice Law, and Rules – CVP § 308. Personal service upon a natural person

2.by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first-class mail to the person to be served at his or her actual place of business in an envelope bearing the legend ‘personal and confidential and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later; service shall be complete ten days after such filing; proof of service shall identify such person of suitable age and discretion and state the date, time and place of service

9. New York State Unified Court System. ‘Substituted Service.’ Substituted Service | NY CourtHelp, www.nycourts.gov/courthelp/goingtocourt/serviceSubstituted.shtml. 

10. ROSENBERG v. HADDAD 208 A.D.2d 468 (1994) as referenced in BMT Associates LLC v  Abdul Wajid Hakim.

11. Powell v Fink 2013 NY Slip Op 50684(U) 

12. Leaving process in the recipient’s general vicinity is the functional equivalent of delivery if the recipient resists the service, for example, by refusing to open the door after the process server has announced his or her mission. Bossuk v. Steinberg, 58 NY2d 916, 460 N.Y.S.2d 509, 447 N.E.2d 56 (1983). See also, Duffy v. St. Vincent’s Hosp., 198 AD2d 31, 603 N.Y.S.2d 47 (1st Dept 1993) where a delivery component of CPLR 308(2) was satisfied where papers were left on the nearby lawn after security guard refused to permit entry to the residential community or to accept papers at gate

13. Martin, Antoinette. ‘The ‘Security’ of a Gated Community.’ The New York Times, The New York Times, 11 June 2006, www.nytimes.com/2006/06/11/realestate/11njzo.html. 

14. Metta, John. ‘Residents of Gated Communities Are Unfairly Protected from Service of Process.’ New Jersey Law Journal, 24 June 2021, www.law.com/njlawjournal/2021/06/24/residents-of-gated-communities-are-unfairly-protected-from-service-of-process/. 

HOW TO SERVE LEGAL PAPERS ON THE TRUMP ORGANIZATION INC

Trump Organization

Undisputed Legal | New York City Process Service

The Trump Organization is a collection of approximately five hundred commercial companies, with Donald Trump as the sole and principal owner. Currently, around two hundred  Trump-branded businesses are operating right now under the Trump name. The businesses have or have had involvement in real estate development, investment, brokerage, sales, and marketing but also extend to other fields.

 The Trump Organization (and all its affiliated companies) undertakes different types of real estate investments in hotels, resorts, residential buildings, and golf courses throughout the world. The entities also see prevalence in the fields of construction, hotels, casinos, entertainment, book and magazine publishing, radio, and television. Interestingly, The Trump Organization has a stake in the production firm that created The Apprentice, a popular reality television show.

[1.0] HOW THE TRUMP ORGANIZATION WORKS

The Manhattan-based Trump Organization owns several high-end real estate properties in New York City and beyond. Furthermore, Trump International Hotel & Tower, Trump Tower, and 40 Wall Street are included in the portfolio. The company owns and manages eighteen golf resorts and operates hotels, resorts, residential towers, and office complexes throughout the United States and overseas. While the Trump Organisation originally owned Trump Pageant Inc as a subsidiary, WME Entertainment bought the Miss USA, Miss Teen USA, and Miss Universe beauty pageants in 2016.

Donald Trump’s paternal grandmother, Elizabeth Christ Trump, and his father, Fred Trump, established the company in 1923, as E. Trump & Son. Donald Trump first took charge of the organization in 1971 and delegated control of the organization to his children in 2017. Trump’s sons, Donald Jr. and Eric, now handle the daily operations of the business.


[1.2] ISSUES OF TRANSPARENCY IN THE TRUMP ORGANISATION

Since there is a distinct lack of publicly available financial records for the Trump Organization’s assets and Donald Trump’s personal tax filings, the actual worth of the organization is difficult to estimate. A major concern has been the alleged intentional overestimation of the value of the Trump Organization properties via strong media lobbying, supposedly to increase the estimated net worth.

The Trump Organization is a privately owned corporation, and thus is not legally obliged to publicly announce quarterly financial reports. As a consequence, the main route for tracking Trump’s companies and finances has been the yearly financial reports to the U.S. Office of Government Ethics. Presidential candidates must submit a financial disclosure every year, which is essentially a  list of assets, income sources, positions held outside the U.S. government, business transactions, liabilities, and gifts received. 

The analysis of Trump Organization financial disclosures should bear certain precautions in mind, especially that the data is unaudited and self-reported.  Yet another complication is that the Trump Organization itself has contradicted its own numbers in disclosures. 

[2.0] LEGAL ISSUES FACED BY THE TRUMP ORGANISATION

Over the years, the Trump Organisation has had to face multiple investigations regarding fraud and tax evasion. Most recently, the New York State Attorney General’s office and the Manhattan District Attorney’s office announced their intention to begin a criminal investigation into the Trump Organization. Trump, his business, and its officials were called upon to appear before a special grand jury to examine whether or not to indict them. Until June 2021, longstanding CFO Allen Weisselberg and COO Michael Calamari were the subjects of an inquiry by the Manhattan District Attorney.

The Trump Organization was officially charged with a 15-year ‘scheme to defraud’ the government‘, conspiracy, and falsifying corporate documents on July 1st. The company and its Trump Payroll Corporation subsidiary were hit with a total of ten criminal accusations, while Weisselberg was charged with fifteen felonies, including grand theft and providing a fraudulent document for filing.

As part of an investigation by the New York Attorney General, Trump and the businesses are currently under scrutiny for how the Trump Organization evaluated assets on financial statements. 

[2.1] INVESTIGATIONS LAUNCHED

In August 2020, as a result of civil investigations launched by the New York State Attorney General into asset inflation, the organization was forced to provide over information that it had been withholding. According to the Trump Organization’s response to Letitia James [Attorney General of New York State], the Trump Organization refused to provide the requisite records, and Eric Trump rejected to be questioned.  The group is now being investigated by the U.S. Attorney’s Office for the Southern District of New York for allegedly inflating insurance claims.

On February 22nd, 2021, the Supreme Court of the United States authorized a subpoena for Donald Trump’s tax returns and other financial information from the Manhattan District Attorney. However, because grand jury secrecy laws require a grand jury decision to remain classified, this announcement does not imply the verdicts will be made public. In particular, the prosecutors are examining whether Mr. Trump and the Trump Organization (or maybe other individuals or companies affiliated with Mr. Trump) had partaken in underhanded activities like undervaluing their property holdings to get loans and favorable tax treatment.

[3.0] MAJOR TRUMP ORGANISATION SUBSIDIARIES

A. TRUMP NATIONAL DORAL MIAMI

The Trump Miami Resort Management LLC is based in Miami, Florida, and is part of the hotels, motels, and resorts industry. The company does business as Trump National Doral, Miami, and New York City Process Service may be accepted as such. Trump’s company, Trump Miami Resort Management LLC, collects almost USD 11 million (USD) in sales. Since the Trump Organization itself spans over five hundred companies, the Trump Miami Resort Management LLC corporate family also comprises nearly sixty businesses under its umbrella. 

Doral, Florida, is also the location of the Trump National Doral golf facility, which was established in 1962. Trump National Doral was controversial in 2019 when the erstwhile President stated that the G7 summit in 2020 will be held there, a decision that was later withdrawn amidst outcry. 

B. TRUMP INTERNATIONAL MANAGEMENT CORP.

Trump International Management Corp is located in New York, NY, United States, and is part of the business services industry. Trump International Hotel & Tower is a major establishment that forms a part of Trump International Management Corp. The entity was incorporated in New York on 10th September 1996 although it falls under Delaware Jurisdiction.   This renders Trump International Management Corp a foreign corporation according to New York City Process Service guidelines. 

By virtue of being a foreign corporation, the entity has the authority to do business upon submission of an application to the Department of State that would set out [A.] the name of the foreign corporation, [B.]the fictitious name the corporation agrees to use as well as the jurisdiction and date of its incorporation, [C.] the purpose for which it is formed and the county within this state in which its office is to be located, [D.] designation of the secretary of state as its agent upon whom New York City Process Service against it may be served and the post office address in this state to which the Secretary of State shall mail a copy of any New York City Process Service against it, [E.] the registered agent and their name and address and [F.] a statement that the foreign corporation has not since its incorporation engaged in any activity in this state in compliance to New York City Process Service guidelines

C. TRUMP INTERNATIONAL HOTELS MANAGEMENT LLC

Trump International Hotels Management LLC should not be confused with Trump International Management Corp, considering that the two are governed by different legal and New York City Process Service requirements. Trump International Hotels Management LLC is a Foreign Limited Liability Company that comes under Delaware jurisdiction, although incorporated in New York on 14th June 2006 and thus eligible for New York City Process Service.   The entity retains a registered agent to deal with New York City Process Service, to whom the Secretary of State is required to forward New York City Process Service upon receipt.

D. THE TRUMP CORPORATION

The Trump Corporation registered with the New York Department of State on 30th July 1980. Since the Trump Corporation was thus formed in New York,  the entity qualifies as a domestic business corporation and will have New York City Process Service levied upon it. The United States Department of State is under an obligation to send the documents that it has received to the entity. If it is required, the Department of State may receive New York City Process Service on behalf of the organization.

In accordance with New York law, New York City Process Service on a registered agent may be performed by serving the person or entity by delivering a summons. In this instance, the agent’s involvement in the process essentially presumes that the agent stands in as a defendant and thus satisfies New York City Process Service. While this service usually necessitates two copies of the New York City Process Service being served on the New York Secretary of State or anyone authorized by them, an individual may perform this service if they are serving one copy to the New York Secretary of State or anyone authorized by them. If an entity accepts New York City Process Service on their behalf, the Department of State will send the package to their offices via mail. In any event, the Department of State may undertake a process for this New York City Process Service in the State of New York, identifying designated officials who are ranked highly to receive New York City Process Service.

E. TRUMP GOLF MANAGEMENT LLC

Donald Trump is well-known in the golfing community, especially considering that he started developing and building golf courses as a real estate developer in 1999. Prior to his election as President of the United States in 2016, Donald Trump controlled a significant number of golf courses around the globe via his holding business, the Trump Organization. Trump-owned courses, like the Trump National Charlotte, have been chosen to host PGA and LPGA tournaments, including the 2022 PGA Championship.

Trump Golf Management  LLC is a domestic limited liability company that filed for incorporation in New York on 28th January 2005 in Westchester County and may thus accept New York City Process Service. Similar to most other Trump Organisation entities, Trump Golf Management  LLC retains the National Registered Agents Inc. as a registered agent in order to address matters of New York City Process Service.

F. TRUMP MANAGEMENT INC

Trump Management Inc. is one of the oldest branches of the Trump Organisation, having filed for incorporation on 22nd April 1969 in New York. The Company’s line of business includes the operation of apartment buildings and it has established itself in the field of real estate, being a prominent player in both the owning and developing of real estate.  

Unlike most entities of the Trump Organisation, Trump Management Inc. does not retain an agent for New York City Process Service. However, service may be mailed from the Department of State to the Chief Executive Officer or any other officer authorized to accept New York City Process Service. 

G. TRUMP MARKS LLC,

Generally, New York City Process Service has to be enacted personally upon the New York Secretary of State or an authorized representative at the New York Department of State. New York City Process Service will be sent to the entity by the New York Department of State if the latter accepts on behalf of the company.

Donald Trump’s enterprise Trump Marks LLC is based in Delaware and was registered with the Department of State on November 16th, 2005. Trump Marks LLC has its place of business established in New York, however, and therefore is a foreign limited liability corporation.  National Registered Agents Inc is the registered agent for Trump Marks LLC, and the  Department of State is also responsible to forward received New York City Process Service.

New York City Process Service must be physically delivered to and left with the Secretary of State, acting as the agent of an approved foreign company and a domestic corporation. It is essential to provide duplicate copies of Process Service as well as the required money in order to finish New York City Process Service. Upon receiving the copy of the paperwork through certified mail, the Secretary of State is required to deliver one of these copies by return receipt to the company, which is listed on the New York City Process Service form filed with the Department of State.

H. TRUMP CAROUSEL LLC

On February 23rd, 2010, Trump Carousel LLC was registered as a foreign limited liability company in New York even though it comes within the purview of the state of Delaware for New York City Process Service. National Registered Agents, Inc is the registered agent of this business and accepts Process Service specific to limited liability corporation status. It is imperative to apply for and receive authorization to start a limited liability company in the jurisdiction where the records of the company are maintained, along with a Certificate of Existence from the individual in charge of maintaining the records of limited liability companies in that jurisdiction. International Limited liability companies, often must post a notice in a local newspaper or send an email notifying others about the filing of the application for authorization within a hundred and twenty days after the application is filed.

It must be clear that the company’s registered agent and the registered process service forwarding address are not interchangeable. Although National Registered Agents, Inc is authorized to receive Process Service on behalf of the New York Department of State,  Trump Carousel LLC  maintains a registered office in New York for this New York City Process Service. 

The case against Trump Organisation is still ongoing. The grand jury hearing evidence in the case will have to convene regularly throughout the year 2021. In a court order, the time period may be extended even further. It must be noted that like individuals, corporations may be tried for criminal acts. Under the law, if Mr. Trump’s business is found guilty, the company may face hefty fines or other punishments, although Mr. Trump himself has not been specifically accused or charged.

For more information on serving legal papers, contact Undisputed Legal our New York City Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. 725 5TH Ave Bsmt A

New York, NY, 10022-2519
United States

2. ‘U.S. Office of Government Ethics.’ USOGE | 83×16: President and Vice President Not Subject to 18 U.S.C. §§ 202-209, oge.gov/web/oge.nsf/Resources/83×16:+President+and+Vice+President+not+Subject+to+18+U.S.C.+%C2%A7%C2%A7+202-209. 

3. The New York Times published two articles detailing Trump’s tax return data on Sept. 27, 2020. There are not yet publicly available all of the documents, and the Times has in-depth research of the data.

4. Buettner, Russ, and Gabriel J. X. ‘Charting an Empire: A Timeline of Trump’s Finances.’ The New York Times, The New York Times, 27 Sept. 2020, www.nytimes.com/interactive/2020/09/27/us/donald-trump-taxes-timeline.html. 

5. David Fahrenthold, Jonathan O’Connell. ‘New York Attorney General Files Legal Action against Trump Organization, Revealing State Investigation into the Company’s Financial Dealings.’ The Washington Post, WP Company, 25 Aug. 2020, www.washingtonpost.com/politics/new-york-ag-trump-organization-lawsuit/2020/08/24/882c03a8-e60e-11ea-bc79-834454439a44_story.html. 

6. Walsh, Joe. ‘New York AG’s Investigation Into Trump’s Business Turns Criminal.’ Forbes, Forbes Magazine, 19 May 2021, www.forbes.com/sites/joewalsh/2021/05/18/new-york-ags-investigation-into-trumps-business-turns-criminal/?sh=9f56a3e73323. 

7. Shayna Jacobs, David Fahrenthold. ‘Prosecutors Allege a 15-Year Tax Fraud Scheme as the Trump Organization and CFO Allen Weisselberg Are Arraigned on Multiple Criminal Charges.’ The Washington Post, WP Company, 2 July 2021, www.washingtonpost.com/politics/trump-business-weisselberg-indictments/2021/07/01/e2b774a0-da15-11eb-bb9e-70fda8c37057_story.html. 

8.  BREAKDOWN OF CHARGES 

  1. The Trump Organization and Weisselberg reportedly planned a compensation system in which Weisselberg and other executives were paid in a way that ‘didn’t appear on the books.’
  2. It is claimed that Weisselberg evaded almost $556,000 in federal taxes, $106,000 in state taxes, and $238,000 in municipal taxes by lying about his residence in New York City.
  3. The Trump Organization is reportedly liable for paying rent, electricity bills, and garage costs between 2005 and June 2021 for Weisselberg’s residence. It went unreported as payment.
  4. The Trump Organisation allegedly paid for Weisselberg’s cars sans reporting
  5. According to reports, the Trump Organization used an organizational record-retention that apparently underreported payments to Weisselberg and other executives. He avoided reporting almost $1.7 million in payments to the tax authorities as a consequence of the underreporting.

9. ‘The Trump Organization has stalled, withheld documents, and instructed witnesses, including Eric Trump, to refuse to answer questions under oath,’ James wrote on Twitter. ‘That’s why we filed a motion to compel the Trump Organization to comply with our lawful subpoenas for documents and testimony.

10. ‘Eric Trump Must Testify in Fraud Inquiry before Election, Judge Rules.’ The Guardian, Guardian News, and Media, 23 Sept. 2020, www.theguardian.com/us-news/2020/sep/23/eric-trump-testify-family-business-investigation. 

11. Address

4400 NW 87TH Ave

Miami, FL, 33178-2101
United States

Phone

(305) 592-2000

12. In 2012, Trump purchased the resort for hundred and fifty million out of bankruptcy.

13. Phone

(855) 878-6700

14. Website

www.trumpinternational-1cpw.com

Address

1 Central Park W

New York, NY, 10023-7700

15. Service of Process Name and Address

Name: C/O GENERAL ELECTRIC PENSION TRUST ATTN: MICHAEL J. STRONE

Address: STAMFORD SQUARE-P.O. BOX 7900, 3003 SUMMER ST., STAMFORD, CT, United States, 06904

16. SECTION OF LAW:802 LLC – LIMITED LIABILITY COMPANY LAW

17. NATIONAL REGISTERED AGENTS, INC.

Address:28 LIBERTY ST., NEW YORK, NY, United States, 10005

18. NATIONAL REGISTERED AGENTS, INC.

Address:28 LIBERTY ST., NEW YORK, NY, United States, 10005

Chief Executive Officer’s Name and Address

19. ERIC TRUMP

Address:725 FIFTH AVE, NEW YORK, NY, United States, 10022

20. Although the PGA terminated this in the aftermath of the 2021 storming of the US Capitol

21. NATIONAL REGISTERED AGENTS, INC.

Address:28 LIBERTY ST., NEW YORK, NY, United States, 10005

22. TRUMP MANAGEMENT INC.

Address:511 MANHASSET WOODS ROAD, MANHASSET, NY, United States, 11030 – 1663

23. JOHN W. WALTER

Address:511 MANHASSET WOODS ROAD, MANHASSET, NY, United States, 11030 – 1663

24. NATIONAL REGISTERED AGENTS, INC.

Address:28 LIBERTY ST., NEW YORK, NY, United States, 10005

25. NATIONAL REGISTERED AGENTS, INC.

Address:28 LIBERTY ST., NEW YORK, NY, United States, 10005

26. The completed application, together with the filing fee of $250, should be forwarded to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

HOW TO SERVE LEGAL PAPERS ON DELOITTE & TOUCHE LLP

Deloitte

Undisputed Legal | Process Service

Deloitte Touche Tohmatsu Limited (or Deloitte) is a household name, with the company established as one of the Big Four accounting firms. Headquartered in London, England, Deloitte has regional offices in over a hundred and fifty countries throughout the globe. 

Interestingly, although the firm has existed for over a century, a name conflict that arose as a result of the US-led mergers that created Deloitte & Touche influenced how the company is known today. Considering that the important member companies like Deloitte in the UK and Touche Ross in Australia had not joined the merger yet, there was no global exclusive access to the names ‘Deloitte’ or ‘Touche Ross‘. It was only in 1993 that the company was renamed Deloitte Touche Tohmatsu after a restructure to combine it with other accounting firms.

[1.0] HOW DOES DELOITTE WORK

Deloitte & Touche was established in London in 1845 and grew to include the United States in its business by 1890. The firm was renamed Deloitte Haskins & Sells in 1972, and Deloitte & Touche in the US in 1989. The firm’s name was officially changed to Deloitte Touche Tohmatsu in 1993 and is now commonly referred to as just Deloitte. 

Major controversies including its involvement in the ‘potentially misleading’ report on illicit tobacco trading in Australia, as well as lawsuits regarding the audits of several of its clients, have included lawsuits alleging its role as auditor of the insolvent contractor Carillion and a cyber-attack which breached client confidentiality as well as exposing extensive employee information in September 2017.

[1.1] DELOITTE’S CORPORATE STRUCTURE

Most member companies provide services in areas that differ in accordance with national law wherein each company could be all run from the same corporate body or via several subsidiaries legally functioning under an umbrella corporation for the country.

A Swiss-style cooperative association (the equivalent of an unincorporated association,) members are incorporated into Deloitte Touche Tohmatsu Limited (DTTL) in an almost mutually divergent manner, with each member company being legally self-sufficient. While every member company is unique and independent, its worldwide network remains distinct and governed by the rules and Process Service regulations of the nations in which it is established.

Deloitte LLP is the member firm of DTTL in the US. Clients will not be able to avail themselves of the professional services of Deloitte LLP itself. Instead, services are primarily provided by the subsidiaries of Deloitte LLP, including: [A.] Deloitte & Touche LLP, [B.] Deloitte Consulting LLP, [C.] Deloitte Financial Advisory Services LLP and [D.] Deloitte Tax LLP

Deloitte LLP assists in coordinating these subsidiaries’ operations. These businesses under Deloitte LLP are independent and distinct legal entities wherein all of these subsidiaries have their own CEO, have their own board of directors, and are all managed under Delaware law. When one of Deloitte LLP’s subsidiaries is contracted to provide services, that subsidiary is the sole entity legally liable for that service and there is prospective responsibility solely on its behalf if any claims emerge. 

A lot of professional service networks employ this divisional structure. Healthcare and accounting try to reduce vicarious liability for acts of colleagues not closely affiliated to other members. DTTL has the same structure wherein DTTL member firms and member firms are not legally obligated to each other, even if they do fall under the DTTL umbrella. Thus, at this time, the bulk of professional services are provided by member businesses rather than DTTL itself. This framework is built for the non-management personnel to prevent them from being held accountable for the actions of the individuals distinct from them. It may possibly be because of this structure that these businesses are often involved in the IFAC Forum of Firms.

[2.0] RETENTION OF RECORDS BY DELOITTE

For compliance with regulatory, tax, and financial reporting requirements, as well as for fulfilling commitments to clients, accurate and comprehensive records are needed. Managers of staff and freelancers who record new information into the firm’s business records (including, but not limited to, time, expense, and client billing records, regulatory, or other financial reports) are held to the same standard: being truthful, accurate, legible, complete, and timely while adhering to the firm’s policies and all applicable legal and Process Service standards. Process Service regulations are required of every corporation in order to help comply with legal documents like subpoenas. 

In keeping with the legal and commercial obligations specific to the professions under Deloitte, it is important to preserve all records. This is especially relevant since Deloitte is highly renowned for its accounting practice, requiring a higher standard of diligence.  The personnel thus have an obligation to know and fulfill all current relevant records retention policies and Process Service procedures in order to maintain the integrity of the record-keeping and reporting systems. This is all-inclusive of how data is shared, saved, and accessed, as well as disposal options.

Changes to and destruction of records are specifically forbidden in circumstances [A.] where prohibited by law, by government regulation, or by Deloitte policy, [B.] where there exists an overriding governmental, regulatory, or contractual requirement or [C.] where there is knowledge of—or anticipation of—a  subpoena or other request for documents, a regulatory investigation, or a lawsuit that would require retention for adequate Process Service. An internal company policy that spans Deloitte subsidiaries is that no company can destroy, alter, or cause the destruction or alteration of Process Service documents for any illegal or improper purpose. 

[3.0] DELOITTE SUBSIDIARIES

  1. DELOITTE & TOUCHE LLP

Deloitte & Touche LLP provides an in-depth analysis of all facets of accounting in the United States. Deloitte LLP (US subsidiary of the worldwide Big Four accounting firm Deloitte Touche Tohmatsu) is the accounting company for the organization. Deloitte & Touche LLP provides audit and enterprise risk services, wherein the company does business by providing customers with financial statement audits and analyses. The services that the company provides are more than just accounting and include annual financial reporting, regulatory updates, employee benefit audits, and venture capital services. 

 Other US entities that provide tax, consulting, and financial advisory services are also managed by Deloitte LLP. Deloitte & Touche LLP is regulated by the U.S. Security and Exchange Commission and incorporated in the state of Delaware, although it retains a business address in New York. Department of State Process Service may be forwarded to this address as well. For financial reporting, their fiscal year ends on May 31st. 

  1. DELOITTE CORPORATE FINANCE LLC 

Deloitte Corporate Finance LLC is a broker-dealer regulated by the U.S. Security and Exchange Commission and incorporated in the state of Delaware. For financial reporting, their fiscal year ends on May 31st. The entity falls under the umbrella of a limited liability company doing business in the state of New York, wherein a foreign limited liability company should apply for authority to do business in this state by submitting to the Department of State [A.] a certificate of existence or a certified copy of the articles of organization of the limited liability company and [B.] the actual application for authority as a foreign limited liability company. 

The entity provides independent M&A and debt advisory services, relying on its global network, local insight, and extensive sector knowledge and deal experience. To further meet client needs, Deloitte Corporate Finance’s financial services industry experts use an integrated approach, combining the core areas of banking and capital markets, insurance, and investment management. The variety of services and in-depth industry expertise provided by Deloitte member companies enables one to properly comprehend each clients’ specific business requirements, a service that it has been providing since its establishment on 8th May 2001. Process Service may also be levied upon Deloitte Corporate Finance’s registered agent, CT Corporation System.

Deloitte Corporate Finance LLC as a corporate finance consulting firm was set up as a limited liability corporation by Deloitte Corporate Finance Holding LLC (sole member and parent company), requiring Process Service to be tailored specifically to the company type. The Company was formed in Delaware in January 2001 after it obtained its articles of organization from the state. and a participant in the Financial Industry Regulatory Authority (FINRA).

Revenue that has been derived from contracts with clients who provide advisory services in connection with M&A and other services (such as consultancy) is a bulk of the entity’s revenue. Usually, revenue is recognized after the performance of the advisory services has been finished, which is generally the date of closure of the deal or the contract cancellation date. Many advising services throughout time have been credited with offering customers many advantages.

Refundable retainer payments are an integral part of a performance commitment and as such, are recorded as deferred expenses. Once the performance requirement is fulfilled, the company will reimburse the necessary expenditures and reimbursable expenses. Non-refundable retainer payments may be taken out in advance, and costs incurred during the engagement are reimbursable. Once the performance requirement is met, the business pays these retainers and reimbursable costs. With initial maturities of ninety days or less, all highly liquid assets are considered cash equivalents by the Company.

  1. DELOITTE CONSULTING LLP 

Deloitte Consulting LLP is a subsidiary of Deloitte Touche Tohmatsu Limited. Overseen by the U.S. Security and Exchange Commission and incorporated in the state of Delaware, the entity aims to offer clients an integrated and comprehensive portfolio of solutions, leveraging market disruptors to drive innovation and value in their ongoing operations. For financial reporting, their fiscal year ends on May 31st. The entity was established on 25th February 2005, although its international counterpart has seen existence from 29th February 1996. The corporation retains CT Corporation Service Company as its registered agent for Process Service.

This business entity, unless it practices public accountancy, requires only filing with the Department of State and providing the Department with a certified copy of that failing to adhere to Process Service requirements. However, LLPs must comply with State as well as Process Service prerequisites, wherein [A.]  the proposed name of the partnership should appropriately describe the profession practiced and the services to be provided and not be false, fraudulent, deceptive, or misleading and [B.]  if the proposed name of the partnership includes a reference to a specialized area of professional practice, satisfactory evidence should be submitted substantiating the authority to use such specialty designation.

As an alternative to working directly with customers, consulting offers services such as strategy, analytics, and mergers and acquisitions in the four broad categories of [A.] human capital, [B.] customer and marketing, [C.] core business operations, and [D.]  enterprise technology and performance. Over 40% of overall sales will come from consulting, with Deloitte Consulting being Deloitte’s biggest business.

D. DELOITTE FINANCIAL ADVISORY SERVICES LLP 

Deloitte Financial Advice Services LLP offers financial advisory services. This company provides consulting services such as investigatory and forensics consultancy, combatting fraud, financial inspections, capital construction, capital budgeting, corporate finance advice, corporate investigations, real estate advisory, and tangible asset value from its establishment on 11th August 2003. Deloitte Financial Advisory Services LLP is regulated by the U.S. Security and Exchange Commission falls under the Process Service jurisdiction of the state of Delaware, although it was incorporated in New York. The entity retains Corporation Service Company as its registered agent to accept Department of State Process Service. 

  1. DELOITTE TAX LLP 

Deloitte Tax LLP offers tax preparation and tax consulting services. Taxes, in particular federal taxes, are offered by the company in a number of different scenarios, such as multi-state taxes, mergers and acquisitions, and tax Process Service compliance. Deloitte Tax does business all across the globe. The comprehensive tax compliance structure Deloitte uses allows investors to ensure practical tax guidance is followed from one jurisdiction to the next. The company attempts to make tax administration and supervision more streamlined while also offering global insight for strategic choices, all while dealing with a worldwide service provider. 

Deloitte Tax LLP is regulated by the U.S. Security and Exchange Commission and incorporated in the state of Delaware, although its place of business and Process Service would be conducted in New York. It retains CT Corporation as its registered agent for Process Service.

  1. DELOITTE TOUCHE TOHMATSU SERVICES, LLC 

Deloitte Touche Tohmatsu Services, LLC is regulated by the U.S. Security and Exchange Commission and regulated by the jurisdiction of the state of Delaware, incorporated in New York. The entity is a foreign limited liability corporation established in New York on 16th December 2020, although its foreign counterpart has been established on 30th June 1992. A business entity is considered domestic only in its state of formation. In all other states, the entity is regarded as foreign and may need to qualify or register to do business in those states. Foreign entities are prohibited from doing business in New York until they obtain authorization from the New York State Department of State (DOS) to conduct business or be competent to accept Process Service.

The registered agent qualified to accept Process Service on behalf of the entity is CT Corporation Service Company. 

Deloitte has branched out to offer digital transformation consulting to serve the needs of the digital age. The company has established itself as one of the leading sources of tax law interpretation and is considered an expert on changes in accounting and auditing standards. Deloitte’s International Tax professionals offer services that help multinational companies align their tax strategies to their business, through a wide variety of compliance and advisory services. 

For more information on serving legal papers, contact Undisputed Legal our Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Since Deloitte, Ross, and Tohmatsu are known as Deloitte, Ross, and Tohmatsu,

2. Corderoy, Amy. ‘Study Burns Claims Plain Packaging Would Cost Tobacco Retailers $460m.’ The Sydney Morning Herald, The Sydney Morning Herald, 21 Mar. 2012, www.smh.com.au/politics/federal/study-burns-claims-plain-packaging-would-cost-tobacco-retailers-460m-20120321-1vkac.html. 

The tobacco industry commissioned Deloitte to prepare a study on illegal tobacco in 2011. Customs and Border Protection Service authorities took issue with the ‘reliability and correctness of the data and deemed the report potentially deceptive. The second Deloitte study on counterfeit cigarettes was said to be ‘baseless and misleading’ and ‘bogus’ by the Minister of Home Affairs, Brendan O’Connor. Placing the credibility of the tobacco industry’s efforts to undermine the Australian government’s plain cigarette packaging law at risk, the public health community blasted Deloitte’s choice to undertake the study.

3. ‘Carillion Fiasco Shows Why Auditors Must Be Accountable to Parliament | Robert Brooks.’ The Guardian, Guardian News and Media, 20 May 2018, www.theguardian.com/commentisfree/2018/may/20/carillion-auditors-recklessness-hubris-greed. 

4. ‘Deloitte Hit by Cyber-Attack Revealing Clients’ Secret Emails.’ The Guardian, Guardian News, and Media, 25 Sept. 2017, www.theguardian.com/business/2017/sep/25/deloitte-hit-by-cyber-attack-revealing-clients-secret-emails. 

5. ‘Deloitte Organization Structure.’ Deloitte, 15 Sept. 2020, www2.deloitte.com/global/en/pages/about-deloitte/articles/network-structure.html. 

6. Some public accounting laws and regulations may prohibit customers from receiving attest services.

7. ‘Transnational Auditors Committee & Forum of Firms.’ IFAC, 16 June 2021, www.ifac.org/who-we-are/committees/transnational-auditors-committee-forum-firms. 

8. 30 ROCKEFELLER PLAZA

NEW YORK NY 10112

9. Business Phone 3033124079

10. DELOITTE CORPORATE FINANCE LLC

Address: 28 LIBERTY STREET, NEW YORK, NY, United States, 10005

11. C T CORPORATION SYSTEM

12. Address:28 LIBERTY ST., NEW YORK, NY, 10005

 Mailing Address

1633 BROADWAY

NEW YORK

NY

10019

13. CORPORATION SERVICE COMPANY

Address:80 STATE STREET, ALBANY, NY, 12207 – 2543

14. 802 LLC – LIMITED LIABILITY COMPANY LAW

15. FOREIGN FORMATION DATE:06/13/2003

16. Business Address

30 ROCKEFELLER PLAZA

NEW YORK NY 10112-0015

Business Phone 615-882-7270

17. CORPORATION SERVICE COMPANY

Address:80 STATE STREET, ALBANY, NY, 12207

Mailing Address

30 ROCKEFELLER PLAZA

NEW YORK

NY

10112-0015

18. 30 ROCKEFELLER PLAZA

NEW YORK NY 10112-0015

Business Phone 615-882-7270

19. 1221 AVENUE OF THE AMERICAS

NEW YORK NY 10020

20. Name: C/O CORPORATION SERVICE COMPANY

Address:80 STATE STREET, ALBANY, NY, United States, 12207 – 2543

HOW TO SERVE LEGAL PAPERS ON IBM CORPORATION

Undisputed Legal | Process Service

As one of the world’s top five suppliers of IT services as well as cloud and cognitive offerings, and artificial intelligence, International Business Machines Corp. (IBM) offers a highly varied range of products. The worldwide operations of IBM span over a hundred and fifty nations across the globe. In 1911, the Computing-Tabulating-Recording Company (CTR) was established in Endicott, New York, and was rebranded ‘International Business Machines in 1924.

Through various business activities, IBM manufactures, sells, and markets computer hardware, middleware, and software, as well as offers a variety of consulting and hosting services, such as for mainframe computers and nanotechnology. While IBM holds the U.S. record for generating the most yearly U.S. patents by a corporation for twenty-eight years running, the company also makes large investments in research and development. ATMs, floppy discs, hard discs, magnetic strips, relational databases, SQL programming languages, UPC barcodes, and dynamic random-access memory all were created by IBM (DRAM). 

IBM is headquartered in Armonk, New York, a community north of Midtown Manhattan. A nickname for the company is the ‘Colossus of Armonk’

[1.0] WHAT ARE IBM’S MAJOR SECTORS 

Detailed figures on revenues and pre-tax income from continuing operations for five business segments are made available by IBM itself as well as the US Securities and Exchange Commission: [A.]  Cloud & Cognitive Software; [B.] Global Business Services; [C.] Global Technology Services; [D.] Systems; and [E.] Global Financing. 

[1.1] CLOUD & COGNITIVE SOFTWARE

This category encompasses IBM’s software platforms and solutions that provide a hybrid cloud service that assists customers with making business predictions, automating their processes, securing their networks, and updating their software. The Systems segment excludes operating system software, which is reported under the head of its own segment, but Cloud and Cognitive Software covers all other company software products. In fact, 70% of IBM’s total pre-tax sector revenue comes from this section.

Cloud & Cognitive Software assets are mainly goodwill, acquired intangible assets, and accounts receivable.

[1.2] GLOBAL BUSINESS SERVICES

This sector offers consultancy, business process, and application management services. This is meant to assist customers to design and implement AI-driven intelligent processes as well as modernize application suites that are designed for hybrid cloud infrastructures. The segment has been on the decline during the pandemic in terms of contributing to pre-tax revenue, where it comprises approximately 15% of IBM’s total pre-tax income.

Global Business Services assets are primarily goodwill and account receivable.

[1.3] GLOBAL TECHNOLOGY SERVICES

This sector is responsible for holistic IT infrastructure and platform services, as well as a suite of hybrid cloud services and solutions. In the years ahead, IBM is positioning itself to be central to a rapid transition in the technological landscape. Within this change, both hybrid cloud and artificial intelligence will take center stage.

Global Technology Services assets are primarily goodwill, plant, property, and equipment, including the assets associated with the outsourcing business, accounts receivable, and acquired intangible assets.

[1.4] SYSTEMS

The Systems sector helps to satisfy the emerging hybrid multi-cloud and enterprise AI workload needs by providing platform architecture for infrastructure as a service and platform as a service It is also responsible for designing cutting-edge semiconductor and system technologies.

Systems assets are primarily goodwill, manufacturing inventory, and plant, property, and equipment.

[1.5] GLOBAL FINANCING

Global Financing works with companies to finance, remanufacture, and re-market their products. The finance is provided by IBM Credit, which allows consumers to get financing. Remanufacturing and remarketing involve the selling or leasing of used or modified equipment that has been reconditioned or updated.

Global Financing assets are primarily financing receivables, cash and marketable securities, and fixed assets under an operating lease. Global Financing amounts for interest income and interest expense reflect the interest income and interest expense associated with the Global Financing business, including the intercompany financing activities as well as the income from investment in cash and marketable securities.

[2.0] FAIR USE GUIDELINES FOR USE AND REFERENCE OF IBM TRADEMARKS

The iconic IBM eight-bar logo, as well as several other designs and logos held and employed by IBM, as well as IBM product and service names, are all part of IBM’s trademark portfolio. IBM invests a lot of time and energy in the creation and protection of its trademarks and provides a detailed understanding of the procedure to adopt in case of any legal issues or to adhere to Process Service regulations.

The U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act kicks in for matters of copyright, which would require the sending of a notice to the appropriate IBM division according to Process Service requirements.  The notice must have the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is infringed, identification of the copyrighted work that has been infringed, and information that can help IBM to locate the material in order to comply with Process Service protocols. 

The individual sending the notice should also provide information to help the company to contact them, being an address or a telephone number within the Process Service requirements of the jurisdiction.

[2.1] COUNTER NOTICES
If material that another individual has posted to a system or network controlled or operated by or for IBM has been removed or disabled, they may file a counter-notice adhering to Process Service requirements. To comply with Process Service procedures, the counter-notice must be a written communication sent to the address of the Designated Agent that includes [A.] the physical or electronic signature of the individual; [B.] identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed [C.] a statement under penalty of perjury that the individual has a good faith belief that the material was removed as a result of mistake or misidentification; and  [D.] the name, address, and telephone number, and a statement that the individual consents to the jurisdiction of Federal District Court for the judicial district in which the address is located or and that the individual will accept Process Service from the person who provided notification under 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

[3.0] IBM SUBSIDIARIES

A. IBM INTERNATIONAL FOUNDATION

IBM’s International Foundation filed for incorporation on July 16th, 1985 under Delaware jurisdiction. Consequently, the entity exists in its capacity as a foreign not-for-profit corporation. For exemption from Delaware Corporate Income Tax, any company must be recognized as a non-profit organization under Section 501(c) of the Internal Revenue Code and accepts Process Service as such. The foundation supports organizations involved with arts and culture, K-12 education, the environment, health, employment, human services, diversity, science, public policy research, and minorities.

Non-profit companies have a separate sales tax exemption and do not need to pay the Delaware business registration fees when they sell most products and services. It should be recollected, however, that the provision of personal property and the granting of accommodation can be subject to tax, regardless of the entity’s tax status.

The Division of Revenue is charged for registering non-profit companies doing business in Delaware with the state, which requires such organizations to pay income taxes to Delaware. These same entities are also required to register with the Delaware Department of Labour. Although IBM International Foundation retains a registered agent (CT Corporation System), Process Service may still be forwarded from the Department of State to the authorized officer.   

B. IBM CONSTRUCTION LLC

IBM Construction LLC is a domestic limited liability company that was incorporated in the county of Westchester on 29th October 2020. The entity retains a registered agent to accept Process Service on the company’s behalf. 

At the time of its formation, a limited liability company must have at least one member. The IBM Construction LLC was thus formed at the time of the filing of the initial articles of organization with the Department of State.The filing of the articles of organization is conclusive evidence of the formation of the limited liability company as of the time of filing, except in an action or special proceeding brought by the attorney general unless actual fraud has taken place.

A limited liability company formed is a separate legal entity even from the parent company and the existence of the limited liability company as a legal entity shall continue until the cancellation of the limited liability company’s articles of organization. Thus, Process Service must be directed as such to the limited liability company. 

C. IBM CONSULTING, INC.

IBM Consulting is a subsidiary of IBM Corp, incorporated in New York under New York State jurisdiction on 1st May 2008. The entity is a domestic business corporation in the state.  A New York-based entity like IBM Consulting would have to be entirely subject to the regulations of New York City Process Service, which is a domestic business entity for legal purposes. The steps required to incorporate a company are outlined in the section of the Business Corporation Law pertaining to incorporating business corporations. 

Additionally, the organization retains a registered agent, although when the Secretary of State is served, Process Service is frequently considered to be completed. The Department of State will then ship a copy of the process to the company with a certified mail with the specified address.

D. IBM GF INTERNATIONAL HOLDINGS LLC

IBM GF International Holdings LLC was established on February 10th 2016 as a foreign limited liability company registered in Westchester county although it falls under Delaware Jurisdiction for Process Service. The registered agent of this company is CT Corporation System and the entity is currently active as a limited liability company for acceptance of Process Service. It is necessary to complete and file the Application for Authority with the Department of State, attached to the Application for Authority must be a Certificate of Existence from the official who files and maintains limited liability company records in the jurisdiction of the limited liability company. Under Section 802 of the Limited Liability Company, a foreign limited liability company (LLC) must publish in newspapers a copy of the application for authority or a notice containing the substance of the application for authority within 120 days after the filing of the application for authority.

It must be known that the address for forwarding Process Service to the company and the address of the registered agent are not exchangeable. IBM GF International Holdings retains a corporate address for Department of State service of process in New York, although the registered agent, CT Corporation System, is also empowered to accept Process Service on its behalf.

E. IBM GROWTH MARKETS LLC

Process Service can be done upon a domestic or authorized foreign corporation, limited liability company, limited partnership, or limited liability partnership, although this Process Service usually requires that two copies of the process be personally served on the New York Secretary of State or any person authorized by them at the Office of the New York Department. The Department of State will mail Process Service to the entity at their offices if they accept Process Service on behalf of the entity.

IBM Growth Markets LLC is incorporated in the state of Delaware. IBM Growth Markets LLC was filed with the Department of State on November 30th, 2010. IBM Growth Markets LLC currently has its place of business in New York, the Process Service jurisdiction the limited liability company comes under remains Delaware, which is why the entity is a foreign limited liability company. Like most IBM subsidiaries, IBM Growth Markets LLC retains CT Corporation as its registered agent, with the Department of State also mailing Process Service forward. 

If Process Service is levied on the Secretary of State as an agent of a domestic corporation an authorized foreign corporation, this service is only acceptable by personally delivering to and leaving with the Secretary of State the requisite documents. At the office of the Department of State in the city of Albany, it is necessary to provide duplicate copies of such Process Service together with the statutory fee in order to complete Process Service.  The Secretary of State shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the Department of State, specified for the purpose of Process Service.

IBM is often referred to as Big Blue, and they are now part of the Dow Jones Industrial Average. IBM is the world’s biggest employer, with at least 70% of IBM workers located outside the United States representing their nation of residence. With five Nobel Prizes, six Turing Awards, ten National Medals of Technology (USA), and five National Medals of Science, IBMers have been particularly successful in obtaining honors in their field

For more information on serving legal papers, contact Undisputed Legal our Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. International Business Machines Corp. ‘Form 10-K for the Fiscal Year Ended December 31, 2020.’ Inline XBRL Viewer, www.sec.gov/ix?doc=%2FArchives%2Fedgar%2Fdata%2F51143%2F000155837021001489%2Fibm-20201231x10k.htm. 

2. Contributor Prableen Bajpai. ‘Top Patent Holders Of 2020.’ Nasdaq, www.nasdaq.com/articles/top-patent-holders-of-2020-2021-01-29. 

3. Report of Financials International Business Machines Corporation and Subsidiary Companies.’ Inline XBRL Viewer, www.sec.gov/ix?doc=%2FArchives%2Fedgar%2Fdata%2F51143%2F000155837021001489%2Fibm-20201231xex13.htm. 

4. To amend title 17, United States Code, to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, and for other purposes, as part of the Digital Millennium Copyright Act.  Pub. L. 105-304

5. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site

6. Pursuant to 17 U.S.C. §512 (g)

7. DESIGNATED AGENT FOR ALL IBM NOTICES, INCLUDING COUNTER NOTICES

All written notices should be sent to the following Designated Agent:

Designated Agent: Jason Berrebi, Counsel  

Address: 1 North Castle Drive, Armonk, NY  10504 

Email address: dmca1998@us.ibm.com

8. All written notices should be sent to the Designated Agent:

Designated Agent: Dody Lira, Director for Abuse Operations 

Address:  SoftLayer Technologies 

14001 North Dallas Parkway, Suite M100, Dallas, TX 75240 

Email: copyright@softlayer.com

9. DESIGNATED AGENT FOR ALL IBM CLOUD VIDEO (previously Ustream) NOTICES, INCLUDING COUNTER NOTICES

All written notices should be sent to the following Designated Agent:

Designated Agent: Copyright Agent 

Address: c/o IBM Cloud Video, 550 Kearny St, 6th Floor, San Francisco, CA 94108 

Email address: dmca@us.ibm.com

10. 17 U.S.C. §512 (c)(1)(C)

(c)Information Residing on Systems or Networks At Direction of Users.—

(1)In general.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider—

(A)

(i)does not have actual knowledge that the material or an activity using the material on the system or network is infringing;

(ii)in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or

(iii)upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

(B)does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and

(C)upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.

11. DOS ID:1012069

12. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

C T CORPORATION SYSTEM

Address:28 LIBERTY ST., NEW YORK, NY, United States, 10005

13. DOS ID:5867722

14. ALKET ADEMI

Address:60 LONGVIEW DR, SCARSDALE, NY, 10458

15. SECTION OF LAW:203 LLC – LIMITED LIABILITY COMPANY LAW

16. Or at any later time specified in the articles of organization, not to exceed sixty days from the date of such filing

17. DOS ID:3666096

18. THE CORPORATION

Address:1170 BROADWAY STE #806, NEW YORK, NY, United States, 10001

19. DOS ID:4894170

20.The completed application, together with the filing fee of $250, should be forwarded to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

21. IBM GF INTERNATIONAL HOLDINGS LLC

Address:28 LIBERTY STREET, NEW YORK, NY, United States, 10005

22. Name: C T CORPORATION SYSTEM

Address:28 LIBERTY ST., NEW YORK, NY, 10005

23. One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

24. C T CORPORATION SYSTEM

Address:28 LIBERTY ST., NEW YORK, NY, United States, 10005

25. The country with the highest number of IBM employees is India.

UPDATE TO THE NEW YORK EVICTION MORATORIUM

New York EVICTION

Undisputed Legal | Eviction Services

On May 5th, 2021, U.S. District Judge Dabney L. Friedrich of Columbia District rejected the moratorium imposed by the federal government. The ruling strongly asserted that the CDC had no jurisdiction to impose a nationwide moratorium under the Public Health Service Act and the court proceeded to strick down the federal eviction moratorium. However, this move does not impact New York’s latest extension until August 31st.

The federal moratorium was originally imposed last year and extended via the Centre of Disease Control and Prevention by the U.S. Department of Health and Human Services. It was extended again until June 30th  by President Joe Biden.

[1.0] WHAT IS THE NYC EXTENSION?

On December 28th, 2020, Governor Cuomo signed into law the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020.  The Act was extended through August 31st, 2021, and continues to provide relief to respondents and defendants in residential eviction proceedings and foreclosure actions in New York State. 

Majorly, the legislation provides relief to individuals, allowing for individuals to avail themselves of the benefits by [A.] publishing a form ‘Hardship Declarations’ to be used by tenant-respondents in eviction matters and defendant-mortgagors in residential foreclosure actions in reporting financial hardship during or due to the COVID-19 pandemic and [B.] Staying residential eviction proceedings and residential real property mortgage foreclosure actions until at least August 31, 2021, in Proceedings and Actions where a tenant-respondent or defendant-mortgagor submits a completed Hardship Declaration.

For the mortgagor, the declaration of hardship would have to include that they are unable to pay my mortgage in full because of  [A.] significant loss of household income during the COVID-19 pandemic, [B.] increase in necessary out-of-pocket expenses related to performing essential work or related to health impacts during the COVID-19 pandemic, [C.] childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member during the  COVID-19  pandemic, which negatively affected their ability to obtain meaningful employment or earn income or increased necessary out-of-pocket expenses.

[1.2] TIMELINE FOR AVAILING PROTECTION IN NEW YORK

New York State has instituted a moratorium on eviction proceedings in the last year. New York state law provides renters with protection from eviction only if they file a hardship form to the state.

This state law expires at the end of August. Even if renters who seek rental assistance do not hear back from the state before the legislation expires, they are protected from eviction nonetheless. Prior to August 31, 2021, no court can issue a default judgment authorizing an eviction in a residential eviction matter, or authorize the enforcement of eviction pursuant to a default judgment, without first holding a hearing upon motion of the petitioner. Furthermore, in any residential eviction proceeding in which a warrant of eviction has been issued but has not yet been executed as of December 28, 2020, the warrant will be stayed until the court has held a status conference with the parties. 

[2.0] HOW DOES THE EMERGENCY PROTECTION OF OUR SMALL BUSINESS ACT OF 2021 WORK?

On 9th March 2021, the CoVID-19 Emergency Protection of Our Small Business Act of 2021 was adopted by Governor Cuomo. The legislation provides that viable actions should come under covered commercial foreclosure actions, specifically for commercial eviction and commercial real property mortgage foreclosure actions if they are to qualify for the relief of evictions being suspended for at least sixty days if submitted within thirty days of March 9th, 2021.

It is required to provide that the ‘Hardship Declaration’ form in the cases of Covered Commercial Eviction Procedures (CCC) and in covered commercial foreclosure actions. The requirement to Stay (or delay) of said required Commercial Eviction Proceedings and Covered Commercial Foreclosure Actions until the minimum date of August 31st, 2021 comes when a Hardship Declaration is duly submitted to the landlord or mortgagee, or the Court.

Commercial foreclosure measures need to fall under ’Covered Commercial Foreclosure Actions,’  and are applicable to the mortgage holder of ten or fewer commercial units. It is immaterial whether the mortgage holder holds these units directly or indirectly. Further, a New York-based business that aims to avail themselves of the relief needs to be owned and controlled autonomously, not dominating in the field it operates in, and must employ fifty or fewer people. Similarly, ‘Covered Commercial Eviction  Proceedings’ are evictions involving a commercial tenant residing in the New York State, who is owned and operated independently, employs fifty or even fewer people, and is not ‘dominant in their industry.

The Act does not cover vacant and abandoned property that was first listed on the statewide vacant and abandoned property electronic registry before March 7, 2020.

[3.0] AVAILABLE ASSISTANCE TO RENTERS AND LANDLORDS

The state created a two billion dollar reserve to assist low-income residents with up to twelve months of overdue rent and energy payments. New Yorkers who spend 30% or more of their yearly salary on rent qualify for additional rental assistance, which is typically given for three months.  Individual tenants who earn  80% of local median income or less qualify as low-income renters.

The landlord does not collect late fees if a rent payment is received after the rent deadline. Furthermore, landlords may not raise the rent or evict tenants under most circumstances.

The state budget was approved on April 7th, and the new fund was established within it. However, neither applications for renters and landlords to fill out the new guidelines were set until June 1st.  Increases in rental assistance stalled because of documentation requirements that had been increased by the state. The state has issued its intention to review cases between four and six weeks after submitting an application. Furthermore, Home Energy Assistance Program applications may be submitted by New Yorkers seeking financial assistance paying their energy bill prior to August 31st.

[4.0] PROVISIONS OF THE ACT EXPLAINED

The extension of the COVID-19 Emergency Prevention Act and the CoVID-19 Emergency Protect Our Small Business Act of 2020 was signed by Governor Andrew M. Cuomo. The law extends the protection for residential and business evictions, foreclosure, credit discrimination, and COVID-19 negative credit coverage until 31st August 2021. The law contributes to New York State’s attempts to safeguard renters and house owners of public meetings and companies from the economic difficulties caused by the COVID-19 pandemic in the pivotal juncture regarding the spread of the virus

The previously enacted legislation helps both residential and commercial tenants facing eviction and mortgagors facing foreclosure proceedings due to the pandemic, regarding [A.] Residential Evictions, [B.] Residential Foreclosure Proceedings, [C.] Commercial Evictions, [D.] Commercial Foreclosure Proceedings, [E.] Tax Lien Sales, [F.] Credit Discrimination and Negative Credit Reporting and [G.] Senior Citizens’ Homeowner Exemption and Disabled Homeowner Exemption.

The law puts a moratorium on residential evictions for renters who have suffered from COVID-related distress until 31 August 2021. In order to avoid evictions, tenants must file a hardship statement or paperwork detailing the cause of the difficulty. Landlords may expel renters who create safety or health concerns for other tenants or tenants who neglect to submit hardship declarations.

The law also lays down an embargo against residential foreclosure until 31st August 2021. Homeowners and small property owners with ten homes (or fewer) may make a  statement declaring hardship with the mortgage lender, another foreclosing party, or a court that precludes said foreclosure. These residential foreclosure proceedings have stayed for sixty days for implementation purposes; and further permits mortgagors who own ten or fewer residential dwellings – inclusive of their primary residence– who are suffering financial hardship to file a hardship declaration with their mortgage lender, other foreclosing parties, or the court that will prevent the filing of a foreclosure action or stay any foreclosure action in progress at the time of filing until May 1st, 2021. 

Expulsions for commercial tenants until 31st August 2021 who have sustained a COVID-related hardship are also subject to the moratorium. The law applies to small enterprises with less than fifty workers who are currently experiencing financial difficulties. In order to avoid evictions, tenants must provide a hardship statement or a document stating the cause of the difficulty. The legislation places a moratorium on commercial foreclosure proceedings until August 31, 2021.

The legislation also prevents local governments from engaging in a tax lien sale or a tax foreclosure until at least August 31st, 2021. Additionally, lending institutions are prohibited to discriminate against property owners seeking credit, since a delay in the mortgage foreclosures, tax foreclosures, or tax lien sales is authorized for the property owner. They are also forbidden from discriminating against individuals because the owner is in arrears and has filed a hardship declaration with the lender.

Local governments must apply Senior Citizens’ Homeowner Exemption and Disabled Homeowner Exemption from the 2020 assessment roll to the 2021 assessment roll at the same level. They also need to submit renewal applications for anybody qualified for a broader 2021 exemption. Locations may also establish processes by which appraisers may demand renovation applications from those who are considered by appraisers to be no longer qualified for an exemption in 2021. Exemption recipients do not require to submit renewal applications in person.

Governor Cuomo declared on 20th  March a State suspension on residential and market expulsions to guarantee that no renter was expelled in a high public health emergency. On 30th June, the Governor approved the Tenant Safe Harbour Act and supplementary laws offering financial support for homeowners and property owners came into force immediately. Furthermore, prior Executive Orders have decried late rent penalties or fines, and renters who face financial difficulties may continue to utilize their security payment deposit and recoup their security deposit over time.

[5.0] ISSUES WITH THE EXTENSION

For the state, the previous year’s tenant initiative struck a few snags. They ultimately handed the program over to the state’s Office of Temporary and Disability Assistance, which focused on providing funding to those who are temporarily and involuntarily unemployed. To qualify, renters who owe overdue rent should have their income being below 80% of the local median income.

Several technical issues cropped up soon after the June 1st deadline passed. The rules to deliver aid stipulates that applications may only be completed during an internet session, which is a challenging requirement since many other papers, such as the renter’s personal identity, are needed, as well as evidence of income, residence, and occupancy. Landlords must provide W-9 information, including their tax information, lease, rent roll, and banking details.

Landlord and tenant activists argue that the uploading of papers has been aggravating because the process works one day and is less effective the next. Due to this early stage requirement, landlords were encumbered by having to set up email and different building accounts for each property they own. The master account restriction has thereinafter been lifted.

Landlords have complained that in certain cases, they never get a confirmation that an application has been filed to the Rent Stabilization Association, a building owners organization. A few landlords worry that a large number of application rejections would be due to technological issues.  However, duplicate applications appear to be the primary reason for denials, since the technical difficulties will cause the process to not be completed in one sitting.

On July 31st, the moratorium on most evictions under the Biden administration will expire, having been extended by a month by the administration. With just the CDC/CDC-imposed embargo in effect, millions of renters see the moratorium as the only prevention against eviction.  Numerous tenants had fallen months behind on their rent during the coronavirus outbreak and lose their livelihoods. 

The landlords’ lawsuit against the CDC order was successful, with their argument being landlord expenses to settle. The challenge also highlighted the prospect for renters to access the USD 45 billion in government funds that have been put aside to assist with rent and other relevant costs. Landlords in New York have incidentally brought about litigation related to eviction actions last summer. However, if they have lost income or their health would be worsened by relocating, renters are protected under the law depending on their submission of the Hardship Declaration. General practice is that if renters do not sign said Hardship Declaration, a landlord may proceed with the lawsuit as if no rules to the contrary were implemented.

Eviction protections under the extensions see the general staying of residential eviction proceedings for sixty days for implementation purposes but also specifically permits residential tenants enduring a financial or health-related hardship to file a hardship declaration, under penalty of perjury, with their landlord or a court that will prevent the filing of any eviction nor stay any eviction proceeding in progress at the time of filing until May 1st, 2021. However, the protections are not universal and further allows landlords to evict objectionable tenants and tenants who do not submit a declaration of hardship. 

For more information on serving eviction papers, contact Undisputed Legal our Eviction Services department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. ALABAMA ASSOCIATION OF REALTORS et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al, No. 1:2020cv03377 – Document 54 (D.D.C. 2021)

2. As part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Pub. L. No. 116-136, 134 Stat. 281 (2020), Congress enacted a 120-day eviction moratorium that applied to rental properties receiving federal assistance, id. § 4024(b).  After that moratorium expired, the U.S. Department of Health and Human Services (HHS), through the Centers for Disease Control and Prevention (CDC), issued an order implementing a broader eviction moratorium that applied to all rental properties nationwide, 85 Fed. Reg. 55,292 (Sept. 4, 2020), which prompted this suit.  Since then, Congress has granted a 30-day extension of the CDC Order, and the CDC has extended the order twice itself.  The current order is set to expire on June 30, 2021.  

3.The Department of Justice intends to appeal and requested the court to retain the decision until the appeal procedure has expired. Speaker Jen Psaki, of the White House, said the administration of Biden is evaluating the decision.

4. L. 2020, c. 381; ‘Act

5. L. 2021, c. 104

6. 2021 (L. 2021, c. 73; ‘Act’)

7. ‘DSS COVID-19 Frequently Asked Questions.’ Cash Assistance – HRA, www1.nyc.gov/site/hra/help/dss-covid19-faqs.page. 

8. ‘As we approach the light at the end of the COVID-19 tunnel, it is critical that we continue to protect both New York’s tenants and business owners who have suffered tremendous hardship throughout this entire pandemic,’ Governor Cuomo said. ’Extending this legislation will help to ensure that vulnerable New Yorkers and business owners who are facing eviction through no fault of their own are able to keep their homes and businesses as we continue on the road to recovery and begin to build back our economy better than it was before.’

9. S.6362-A/A.7175-A

10. Payments due to the locality would still be due.

11. Contact the Governor’s Press Office

phone:

Albany: (518) 474-8418

New York City: (212) 681-4640

 email:

Press.Office@exec.ny.gov

12. Dikanovic, Allison, and Josefa Velasquez. ‘Cuomo Rent Relief Expansion Still Strands Many in Need of Aid.’ THE CITY, THE CITY, 23 Dec. 2020, www.thecity.nyc/2020/12/22/22196601/new-york-rent-relief-expansion-still-strands-many. 

13. Gutierrez, Melissa, and Christy W. Hancock. ‘Landlords Again Successfully Challenge the CDC’s Authority to Ban Residential Evictions.’ Lexology, 19 Apr. 2021, www.lexology.com/library/detail.aspx?g=b156edef-378c-421f-9b8b-e19784c195fd. 

HOW TO SERVE LEGAL PAPERS ON NEWSMAX MEDIA INC

Newsmax Media

Undisputed Legal | Process Service 

The news and commentary provider Newsmax was established by  Christopher Ruddy on September 16, 1998, and is owned by Newsmax Media. The magazine and website that Mr. Ruddy founded more than a decade ago have been called the right-wing populist’s Time or Newsweek by the New York Times. With a paid circulation of a quarter-million users, the magazine reports having reached more homes than The Weekly Standard or National Review. During the 2020 election, Newsmax came to the forefront as a reporting site; both via its cable TV channel and through the digital outlet of its Instagram posts,  the latter of which has been dominating virality numbers during this period.

[1.0] HOW DOES NEWSMAX WORK

William Casey was one of the investors of Newsmax.com, and the website was launched on September 16, 1998, with the help of many investors, including the Casey family. Later, Richard Mellon Scaife, the Pittsburgh Tribune-previous Review’s employer, helped to finance the startup.

The website area engineered by Newsmax has four subsections: [A.] Newsmax News, [B.] Newsmax Health, [C.] Newsmax Finance, and [D.] Newsmax World. As well as the cable news station Newsmax TV, Newsmax Media produces a print magazine named Newsmax.

In June of 2014, Newsmax created a cable TV station, accessible to satellite subscribers and Dish Network customers.  The network is available to over 75 million cable subscribers and has widespread availability through both digital media players and mobile devices. The primary purpose of this channel is to broadcast live from the Newsmax offices in New York City on the East Side of Manhattan, along with the two other locations in West Palm Beach, Florida, and Sugar Land, Texas.

The New York Times has labeled the website as prominent in conservative American circles. 

[2.0]   HOW TO SERVE LEGAL PAPERS ON NEWSMAX ENTITIES

[2.1] NEWSMAX MEDIA, INC.

Newsmax Media, Inc is the publishing control for Newsmax, established on July 18, 2008.  Furthermore, since it is a foreign limited liability corporation with authorization from the state Process service providers, New York City Process service guidelines will not apply. The Secretary of State still charges the Process Service fee for Process Service, but the registered agent will be responsible for receipt of Process Service for this business. For Newsmax Media, the registered agent for service is Cogency Global Inc.  The Secretary of State will have to send one copy of such Process Service to the entity by certified mail, with return receipt requested, to the address listed in the Department of State’s records

Process Service against any private corporation, domestic or foreign, may be served on the president or vice president, or other head of the corporation. If the foreign corporation has no officers or agents in the state, Process Service will then be furnished upon any agent transacting business for it or any agent designated by the corporation itself. However, if Process Service also cannot be made on a registered agent because of failure to comply with process service regulations, service of process is also permitted on any employee at the corporation’s principal place of business or on any employee of the registered agent. 

The server may serve the process on any employee of the registered agent during the first attempt at Process Service even if the registered agent is noted to be temporarily absent from their office. If the address for the registered agent, officer, director, or principal place of business is a residence, service on the corporation may be made by serving the registered agent

[2.2] NEWSMAX BROADCASTING, LLC

Newsmax Broadcasting, LLC  is regulated by the U.S. Security and Exchange Commission and is incorporated in the state of Florida. The entity filed for incorporation with the Department of State on 30th August 2012. Newsmax Broadcasting, LLC is located in Boca Raton, FL, United States, and is part of the Radio Broadcasting & Programming Industry. Like most Newsmax entities, Newsmax Broadcasting, LLC retains Cogency Global Inc as its registered agent, with the Department of State mailing process forward. Newsmax Broadcasting, LLC retains a phone number for easier contact.

The Division of Corporations accepts Substituted Service of Process under Chapter 48 of the Florida Statutes. It is necessary to notify the plaintiff’s attorney of any accepted Process Service, including the time and date of acceptance. It is required to serve the registered agent with the notice of the filing. This notice includes; [A.] two acceptance letters, [B.] the original ‘filed’ stamped summons., [C.] a copy of the complaint. The plaintiff’s attorney is responsible for notifying the defendant entity of an accepted Substitute Process Service.

Filing Requirements for the service would be the original and a copy of the court-issued summons, which mandatorily should include both the original signature of the Clerk of the Circuit Court and the Seal as well as the name of the defendant, addressed to the care of the Secretary of State. Two copies of the complaint as well as a cover letter indicating the specific section of Chapter 48, F.S., that authorizes the Division of Corporations to accept the Process Service through the Secretary of State must also be furnished. If the defendant is an active business entity on the Department’s records, it is required to include a copy of the returned service or an affidavit from the process server as proof of attempted service.

[2.3] NEWSMAX MEDIA, INC.

Newsmax Media, Inc. filed with the New York Department of State on April 19th of 2012. Newsmax Media, Inc comes under Delaware jurisdiction, although the company forwards service of process via its registered agent in New York, Cogency Global Inc. is located in New York, NY, United States and is part of the legal services industry, providing reliable services as a registered agent for multiple companies. Regardless of the registered agent being served Newsmax’s papers, Newsmax Media also retains a phone number for easier contact. 

Process Service in New York can be done upon a domestic or authorized foreign corporation, limited liability company, limited partnership, or limited liability partnership, although this Process Service usually requires that two copies of the process be personally served on the New York Secretary of State or any person authorized by them at the Office of the New York Department. The Department of State will mail the process to the entity at their offices if they accept Process Service on behalf of the entity. 

If Process Service is levied on the Secretary of State as an agent of a domestic corporation an authorized foreign corporation, this service is only acceptable by personally delivering to and leaving with the Secretary of State or their deputy,  the requisite documents. At the office of the department of state in the city of Albany, it is necessary to provide duplicate copies of such Process Service together with the statutory fee, which fee shall be a taxable disbursement in order to complete service. 

The Secretary of State thereinafter should promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the Department of State, specified for the purpose of Process Service. 

[2.4] NEWSMAX TV

Newsmax TV is a right-leaning news channel based in the United States, owned by Newsmax Media. Opinion-based discussion programs are the primary emphasis of the network. The entity is a 24-hour news/talk station that showcases documentaries and films in the evening and during the weekend. Conspiracy theories and false accusations of voting fraud were also propagated during the 2020 United States presidential election.

Newsmax founder and American journalist Christopher Ruddy was the driving force behind the development of the channel.  In 1998, current CEO Christopher Ruddy started the news channel Newsmax TV. The United States has an all-news free-to-air station which is accessible free of charge online. The channel began in 2014, initially available to 35 million DirecTV and Dish Network satellite customers, although the channel also live streams most of its TV programming on internet hosting platforms like YouTube. It is now estimated that the network has 50 million total households reachable.

Since many of the programs the channel shows are conservative talk show presenters, the channel is regarded to be quite conservative. The channel’s offices are situated in West Palm Beach, Florida, although it is aired out of New York. The network is available to over seventy-five million cable subscribers and has widespread availability of digital media players and mobile devices. The primary purpose of this channel is to broadcast live from the Newsmax offices in New York City on the East Side of Manhattan, along with having two other locations in West Palm Beach, Florida, and Sugar Land, Texas.

Newsmax TV broadcasts show presented by conservative media figures with a conservative viewpoint. The majority of Newsmax TV’s audience is generated via the cable services they are broadcast on, along with streaming on the Newsmax TV website and other digital media players, such as Roku and Newsplayer in the UK. Though free-to-air terrestrial television affiliates are a part of the network, the majority of the content that is distributed is paid for.

Newsmax and its affiliates own and operate newsmax.com, newsmaxtv.com, w3.newsmax.com, shop.newsmax.com, simplehearttest.com, newsmaxfeednetwork.com, and any affiliated sites as well as makes the same or similar content available via electronic and mobile devices through its applications. 

Everyone should have the right to know when personal information is collected, sold, or shared. Information that describes Newsmax’s collection and aggregation of personal information from  Process Service standards is available to anybody who asks for it. Business or commercial objectives are the main reasons for why personal information is collected, along with the intent to share it with third parties, including category providers. 

To contact Newsmax in its role as a data controller, any requester should email terms@newsmax.com and mark the subject heading of the requester e-mail ‘Privacy Inquiry’ or ‘Purchaser/Subscriber Inquiry,’ specifically. If the request does not pertain to a privacy issue, the individual should instead direct their question to a customer service agent, for questions or concerns not regarding Newsmax’s data protection practices. Similarly, for any questions of intellectual property infringement, the requestor should only reach out to Newsmax’s copyright agent by emailing copyright@newsmax.com or contacting them via postal mail, solely for issues of copyright. It must be noted that  Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

For more information on serving legal papers, contact Undisputed Legal our Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Peters, Jeremy W. ‘A Compass for Conservative Politics.’ The New York Times, The New York Times, 10 July 2011, www.nytimes.com/2011/07/11/business/media/newsmax-a-compass-for-conservative-politics.html. 

2. CNN Business reports that the cable channel’s nightly TV shows are getting 700,000 – 800,000 viewers; pre-election during the summer, the channel averaged 25,000 viewers at any given time.

3. Former Fox News anchors Rob Schmitt, Greg Kelly, Bob Sellers, and Heather Childers have all been hired to help improve Ruddy Network’s image as a rival to Fox News

4. SECTION 802 LLC – LIMITED LIABILITY COMPANY LAW

5. COGENCY GLOBAL INC.

115 NORTH CALHOUN STREET
STE 4
TALLAHASSEE, FL 32301

6. 560 VILLAGE BOULEVARD, SUITE 270

WEST PALM BEACH, FL 33409

(561) 686-1165

 (Address and Telephone Number of Registrant’s Principal Executive Offices and

    Principal Place of Business)

560 VILLAGE BOULEVARD, SUITE 270

WEST PALM BEACH, FL 33409

  (561) 686-1165

           (Name, Address and Telephone Number of Agent for Service)

7. In the absence of any person described, service may be done on the cashier, treasurer, secretary, or general manager or on any director; or on any officer or business agent residing in the state

8.CHRISTOPHER RUDDY

PRESIDENT AND CHIEF EXECUTIVE OFFICER

 NEWSMAX MEDIA, INC.

9. Or if the place is a private mailbox, a virtual office, or an executive office or mini-suite

10. When a corporation engages in substantial and not isolated activities within this state, or has a business office within the state and is actually engaged in the transaction of business therefrom, service upon any officer or business agent while on corporate business within this state may personally be made, pursuant to this section, and it is not necessary in such case that the action, suit, or proceeding against the corporation shall have arisen out of any transaction or operation connected with or incidental to the business being transacted within the state.

11. OFFICER: CFO

Burnham, Mr. Darryle

750 PARK OF COMMERCE DR.

SUITE 110

BOCA RATON, FL 33487

12. Doing Business As

BOCA STUDIO 1

Address

750 Park OF Commerce Dr. Ste 100

Boca Raton, FL, 33487-3650
United States

Phone

(561) 682-3505

13. c/o Secretary of State

P.O. Box 6327

Tallahassee, FL 32314

14. Direct Service of Process naming the Secretary of State as a Defendant to: 

The Secretary of State,

 R.A. Gray Building, 

Tallahassee, Florida  32301. 

Direct Service of Process naming the State of Florida as a Defendant to: 

The Florida Attorney General’s office or call 850.414.3990. 

Direct Service of Process naming an insurance COMPANY (not an insurance AGENCY) as a Defendant to: 

The Chief Financial Officer at the State of Florida, or call 850.413.4200

15. Payment Options

$8.75 per defendant, non-refundable.

Make checks or money orders payable to the Department of State.

Payment must be in U.S. currency from a U.S. bank.

16. NATIONAL CORPORATE RESEARCH, LTD.

Address:122 EAST 42ND STREET, 18TH FLOOR, NEW YORK, NY, 10168

17. COGENCY GLOBAL INC.

Address:122 EAST 42ND STREET, 18TH FLOOR, NEW YORK, NY, United States, 10168

18. Chief Executive Officer’s Name and Address

Christopher Ruddy

Address:

750 PARK OF COMMERCE DR., STE 100, BOCA RATON, FL, United States, 33487

19. Principal Executive Office

PFIZER H.C.P. CORPORATION

235 EAST 42ND STREET

NEW YORK, NEW YORK, 10017-5703

20. SECTION OF LAW:1304 BCL – BUSINESS CORPORATION LAW

21. Newsmax TV Corporate Office Address

Newsmax Media, Inc.

1501 Northpoint Parkway Suite 104

West Palm Beach, Florida 33407

22. Contact Newsmax TV

Phone Number: (561) 686-1165

Fax Number: (561) 494-092

23. Website: https://www.newsmaxtv.com/

Email: Email Newsmax TV

24. The Sites, E-mail Content, Mobile Content, the Feeds, subscription services offered by Newsmax and all related content and products thereto, are collectively referred to herein as ‘Newsmax Offerings.’

25. email customerservice@newsmax.com;

26.Newsmax Media, P.O. Box 20989, West Palm Beach, FL 33416.

HOW TO SERVE LEGAL PAPERS ON JOHNSON & JOHNSON

Johnson & Johnson

Undisputed Legal | New Jersey Process Service

Johnson & Johnson is the world’s biggest and most diversified healthcare organization. The business is headquartered in New Jersey and is incorporated in the city of New Brunswick.  Johnson & Johnson primarily undertake pharmaceutical preparations and has recently has been a forerunner in manufacturing one of the vaccines critical to tackling the COVID-19 pandemic, proclaiming that the company is ‘bringing a vaccine to the public on a not-for-profit basis for emergency pandemic use.’

The main three  business segments that form the corporation are [A.] Pharmaceutical, [B.] Medical devices, and [C.] Diagnostics. An additional sector includes consumers, the consumer division being located in Skillman, New Jersey. Further, Johnson & Johnson’s pharmaceutical arm is Janssen Pharmaceutica.

Drug and device group sales constitute close to 80% of the company’s total revenue and are responsible for driving the bulk of its financial flows. Immunology, cancer, neurology, pulmonary, cardiology, and metabolic disorders are among the therapeutic areas that the drug division specializes in. The device sector serves patients in the medical field interested in orthopedics, surgical instruments, eye care, and many smaller niches. The consumer sector is further dedicated to babies’ needs, beauty, over-the-counter medications, dental care, and women’s health. Over half of Johnson & Johnson’s overall income comes from domestic sales in the United States.

[1.0] HOW DOES JOHNSON & JOHNSON WORK

J&J was established in 1886 and manufactures medical equipment, medicines, and consumer packaged products. The business is on the list of the country’s 500 biggest companies by revenue and it is placed currently number thirty-six on the list of the largest corporations in the U.S. by revenue this year. Company Johnson & Johnson is one of the world’s most valuable corporations and is one of the only two United States-based companies to have a AAA credit rating, even higher than the US Government itself.

By dedicating itself to research, the business further advanced into the health and wellness sector by designing, producing, and selling commodities that were designed with the purpose of meeting the demands of its customers. Johnson & Johnson’s broad variety of consumer products does not in itself merely dominate the market; it constitutes a near-monopoly. These items are applicable to anything from skincare to prescription medicines to smoking cessation aids to hair products, soaps, and pharmaceuticals.

The business is primarily a medical equipment provider, even if it is a big player in consumer products. In fact, a major portion of Johnson & Johnson’s success is attributable to the quality of its well-known brands. Companies need effective marketing to thrive, but Johnson & Johnson does not solely rely on brand value to grow. Instead, leveraging mergers and acquisitions is another technique that keeps Johnson & Johnson a highly relevant prospect for customers. This is because the company’s revenue is not generated by the company itself. Sometimes, when Johnson & Johnson misses innovating in the important areas of its interest, it will acquire up other companies using its financial resources. Since buying Pfizer’s (PFE) consumer health care business in 2006, Johnson & Johnson (JNJ) has immediately positioned itself as a powerhouse in the consumer goods industry.

[2.0] HOW TO SERVE LEGAL PAPERS ON JOHNSON & JOHNSON

A business entity, whether foreign or domestic, that transacts business in this state is required to register a representative or an address in this state to handle New Jersey Process Service. Therefore, in any court proceeding against that business, the New Jersey process service may be handled at the representative or registered address.

Johnson and Johnson comes under New Jersey jurisdiction and was incorporated in New Brunswick. For the New Jersey Process Service, the process in any court of this State may be served on the business entity. However, to be qualified to receive the process, the entity is required to register with a state official or agency to transact business in this State and is required to register an address or an agent in New Jersey.

The official or agency upon which substituted service has been made, within two days after service, is necessitated to notify the business entity to which the process was directed by a letter to its registered office or to any officer of the entity known to the official or agency. A copy of the process or other papers served should be enclosed with the letter.

To the full extent permitted by the laws of the State of New Jersey, Johnson & Johnson should effectively protect any employee involved in any manner ( as a party or witness) in any threatened or completed investigation, while serving as an employee or an officer of the company by virtue of them serving in that post.

[3.0] HOW DOES JOHNSON & JOHNSON DEAL WITH SUBPOENAS

[3.1] JOHNSON & JOHNSON’S FEDERAL SUBPOENAS

Johnson & Johnson had disclosed in its 2019 annual SEC report for the first time it revealed that it received subpoenas from federal authorities pertaining to its talc powder products in their annual report. Each year after, Johnson and Johnson has consistently detailed litigation currently going on in their report.

Reuters revealed in late 2019 that Johnson & Johnson had found small amounts of asbestos, a known carcinogen, in its talc and powder products for decades. Concerns about the cancer-causing effect of regular talc use stem from a time when talc contained asbestos. Since the 1970s, however, talc has generally been asbestos-free. Asbestos is clearly linked to cancer, but for the asbestos-free talc, the link is not as clear.

Reuters’ cited sources indicated that the company was fully aware of the occasional presence of asbestos from tests between the 1970s to the 2000s but concealed the information from government regulators and the general public. Johnson & Johnson shares proceeded to plunge almost USD forty billion in one day as a result of the publication, with concerns about the potential health consequences of one of the company’s most successful products mounting. 

[3.2] HOW TO SERVE A FEDERAL SUBPOENA ON A CORPORATION

Federal Rule of Civil Procedure 45 addresses the issuance of federal subpoenas. Rule 45(a)(1)(A)(i) requires the subpoena to state the court from which it is issued. A subpoena must be issued ‘for attendance at a deposition, from the court for the district where the deposition is to be taken’  

A challenge may emerge when a court applies FRCP 26 and FRCP 37 to who is subject to discovery, but at the same time, a subpoena is applied under FRCP 45. A party does not need to use a subpoena to obtain evidence from another party. It can instead use any of the discovery devices contained in FRCP 26 through FRCP 37. However, many courts have held that a party’s use of a subpoena to obtain evidence from another party is not necessarily prohibited, so long as a party does not use a subpoena to circumvent FRCP 34.  However, even if one does not need the subpoena to require corporate executives, directors, and managing agents to show for a deposition, it may sometimes be required for other circumstances. A party may not have a deposition subpoena served via FRCP 30 but may have their presence commanded through notice issues under FRCP 30 instead. By contrast, in order to depose lower-level corporate personnel, a party will usually have to subpoena them.

A. INDIRECT NON-PARTY DISCOVERY THROUGH FRCP 34

In certain circumstances, a party may obtain non-party discovery indirectly through other parties in a case. If a corporation is a party to a lawsuit and is served with a document request under FRCP 34, it must produce all relevant documents within its control even if those documents are in the physical possession of affiliated companies or other third parties that are not parties to the underlying action.

B. ISSUING THE SUBPOENA

Rule 45(a) of the Federal Rules of Civil Procedure utilizes the phrase ‘issuing’ a subpoena. In this situation, both the court’s name and who may physically sign the subpoena should be included. To be enforceable, a subpoena must be served to acceptability on both levels. Rule 45 of the Federal Rules of Civil Procedure mandates that all subpoenas be issued in the court where the matter is ongoing (Rule 45(a)(2)). Since the attorney for the originating party is required to put the name of the issuing court at the top of the subpoena, that court’s name must appear on the subpoena. 

Under FRCP 45, two types of individuals may issue a subpoena, being [A.] either a clerk of the issuing court or  [B.] attorney authorized to practice in the court where the action is pending. (FRCP 45(a)(3).) 

A subpoena issued in the context of federal civil litigation must contain the [A.] name of the court that issued the subpoena (FRCP 45(a)(2),  which should contain the title of the action and the case number, [B.] identity of the person to whom the subpoena is directed, [C.]  text of FRCP 45(d) and (e), which together set out the witness’s rights and duties in responding, objecting, or moving to quash the subpoena, [D.] time and place for either the production or inspection of documents, or for attendance at a hearing, trial, or deposition (known as the return date or compliance date). If the subpoena commands the production or inspection of documents, a major component of the issued subpoena should include the categories of documents sought. Similarly, if the subpoena seeks testimony, the subpoena should specifically include the method for recording testimony. If the issuing court does not follow the same jurisdiction as the court of attendance, the subpoena cannot be held to be enforceable.The language of Rule 45 is clear and requires that a subpoena must be issued by the court where the deposition is to be taken. 

One of the largest corporations in the world, Johnson & Johnson, has close to 250 wholly-owned subsidiaries. This lexicon of acquisitions comprises major players in the artificial sweetener market, as well as laparoscopic surgical specialists like Ethicon. 

Since the medication clearance process moves at a glacial pace in both the US and Europe, the revenues that Johnson & Johnson has earned today can be traced back to previous quarters and billions of dollars worth of research that had previously been completed. The corporation admits that a delay of four years has been built into the system, which cannot include the time it takes for new medicines and line extensions of current treatments to be marketed and available on drugstore shelves. Johnson & Johnson has been an integral part of the Dow Jones Industrial Average (DJIA) for over two centuries, and as such, one of the most significant and successful businesses in the world.

For more information on serving legal papers, contact Undisputed Legal our New Jersey Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. The fiscal year ended on January 2nd for financial reporting and  Johnson & Johnson submitted all-SEC papers, including the prospectus, reports (annual, quarterly, and regular), and the registration information for the same.

2. ‘Our COVID-19 Response Efforts.’ Content Lab U.S., www.jnj.com/covid-19.

3. ‘0000200406-21-000008: 10-K.’ Johnson & Johnson, johnsonandjohnson.gcs-web.com/sec-filings/sec-filing/10-k/0000200406-21-000008/. 

4. The name of the company’s portfolio is well-known for the fact that it includes brands like Band-Aid, Listerine, Aveeno, Stayfree, Lubriderm, Visine, Tylenol, and Zarbee’s

5. “Johnson & Johnson Acquisition of Pfizer Consumer Healthcare Receives Clearance from U.S. Federal Trade Commission (FTC).” Johnson & Johnson, 12 Dec. 2006, johnsonandjohnson.gcs-web.com/news-releases/news-release-details/johnson-johnson-acquisition-pfizer-consumer-healthcare-receives.

6. Exhibit, www.sec.gov/Archives/edgar/data/200406/000020040616000071/exhibit3i-restatedcertific.htm. FIRSTThe name of the Corporation is Johnson & Johnson.
SECOND: The address of the Corporation’s registered office is One Johnson & Johnson Plaza, New Brunswick, New Jersey 08933. The name of the Corporation’s registered agent at such address is Johnson & Johnson.
THIRDThe purpose for which the Corporation is organized is: To engage in any activity within the purposes for which corporations may be organized under the New Jersey Business Corporation Act.

7. ONE JOHNSON & JOHNSON PLZ

NEW BRUNSWICK NJ 08933

8. Mailing Address

ONE JOHNSON & JOHNSON PLZ

NEW BRUNSWICK

NJ

08933

9.This would be an  employee who is threatened with being so involved, by reason of his or her status as a director or officer of the Corporation even in  a  claim, action, suit, or proceeding, whether civil, criminal, administrative, arbitrative, legislative, or investigative (including, without limitation, any action, suit, or proceeding by or in the right of the Corporation to obtain a judgment in its favor)

10. Kirkham, Chris. ‘Johnson & Johnson Receives Federal Subpoenas Related to Baby Powder…’ Reuters, Thomson Reuters, 21 Feb. 2019, www.reuters.com/article/us-jnj-subpoenas-idUSKCN1QA0DQ. 

11. ‘The Johnson and Johnson Talc Cancer Case.’ NeuroLogica Blog, 25 Feb. 2016, theness.com/neurologicablog/index.php/the-johnson-and-johnson-talc-cancer-case/. 

12. U.S. Democratic Senator Patty Murray sent a letter to J&J Chief Executive Alex Gorsky seeking documents and information related to testing of its talc products for the presence of carcinogens and ‘how it presented that information to regulators and consumers.’

13. Johnson & Johnson said that the federal inquiries ‘are related to news reports that included inaccurate statements and also withheld crucial information that had already been made public. The company added that ‘decades of independent tests by regulators and the world’s leading labs prove Johnson & Johnson’s baby powder is safe and asbestos-free and does not cause cancer.’

14. Federal Rules of Civil Procedure Rule 45. Subpoena

 (A) Requirements—In General. Every subpoena must:

(i) state the court from which it issued;

(ii) state the title of the action and its civil-action number;

(iii) command each person to whom it is directed to do the following at a specified time and place: attend and testify; produce designated documents, electronically stored information, or tangible things in that person’s possession, custody, or control; or permit the inspection of premises; and

(iv) set out the text of Rule 45(d) and (e).

15. Federal Rules of Civil Procedure Rule 26. Duty to Disclose; General Provisions Governing Discovery

16. Federal Rules of Civil Procedure Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

17. Federal Rules of Civil Procedure Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

18. Bank of Am. Corp. v. Lemgruber, 385 F. Supp.2d 200, 237 (S.D.N.Y. 2005)

19. holding that subpoena issued from the improper court was invalid and unenforceable); CSX Transp., Inc. v. Superior Grain LLC, 2009 WL 948660 (D.N.D. 2009) (holding that subpoena issued from the improper court was void).

20. Berg v. Johnson & Johnson, 09-4179-KES, 2-3 (D.S.D. Sep. 19, 2012) 

Fed. R. Civ. P. 45(a)(2)(B). Here the subpoena appears to specify that it is being issued by the United States District Court for the District of South Dakota, but it is the commanding appearance of a nonparty to attend a deposition in the state of Mississippi. Berg argues that the scope of the subpoena should be modified rather than quashed. But because the subpoena is void and invalid, this court is without authority to modify an unenforceable subpoena. As a result, the subpoena was quashed. The court found that the subpoena is void on its face and unenforceable

21. See, e.g., Kupritz v. Savannah College of Art & Design, 155 F.R.D. 84, 88 (E.D. Pa. 1994

HOW TO SERVE LEGAL PAPERS ON NEWSDAY

Newsday

Undisputed Legal | Process Service

Every day, the Long Island newspaper Newsday commits to delivering the community the news. Nassau and Suffolk counties on Long Island, New York, as well as the borough of Queens in New York City, get the newspaper published by Newsday LLC. Newsday, LLC also publishes the free daily amNew York — which serves commuters on Long Island and in parts of New York City– and produces and distributes the Long Island Weekly Shopper via Star Community Publishing. The company, Newsday LLC, is owned by Cablevision, a cable system operator. Although Newsday is distributed across the New York metropolitan region, it is specifically targeted towards the residents of Nassau and Suffolk counties on Long Island. Newsday’s previous tagline was ‘Newsday, Your Eye on LI.’

The circulation that Newsday has consistently provided has made it the eleventh largest circulation in the country, although it still holds the largest subscriber base among all suburban newspapers. The newspaper’s headquarters is in Melville, Suffolk County in New York. Newsday, with nineteen Pulitzer Prizes, has also been a nominee for twenty more and has accrued a reputation for non-sensationalist news.

 [1.0] NEWSDAY IN THE NEWS

Newsday has interestingly been a part of a broadening of the Freedom of Information Law precedent for requestors to seek the disclosure of documents under FOIL law. In an appellatory judgment that reversed a misconstrued view of the law, which denied the petitioner’s administrative appeal seeking disclosure of certain documents under the Freedom of Information Law and for an award of litigation costs,  the petition was then granted to the extent that the Nassau County Police department was directed to produce the requested documents for an in-camera inspection by the Supreme Court. 

It was ruled that the agency that denies access had the burden upon its shoulders to prove that the material thus requested fell well within a statutory exemption. It must be known that these exceptions are themselves narrow in scope and are read thus in order to provide greater transparency and minimize the chances of unnecessary refusal.  This would mean that the agency that has neglected to disclose these documents would in fact need to ‘articulate a ‘particularized and specific justification for denying access.’  This would mean evidence of the documents falling outside the scope of the statutory exemption, and a consequent in-camera inspection to ensure whether the exemption kicks in. However, even then, material that is sensitive is redacted and the rest disclosed. 

[2.0] NEWSDAY AND THE COLLECTION OF INFORMATION

Newsday and their service providers collect information that users provide by you using their services, particularly information like name, address, date of birth, telephone number, the website password, payment information, including account or card number, and even gender. 

If users supply Newsday with personal information about other individuals in connection with Newsday’s services, it must be noted that this indicates that they authorize the use of information in accordance with the Privacy Policy of the company by virtue of continued access to the website. As is the case with the majority of businesses that provide services online, when individuals use Newsday services or contact the company, they may passively gather some technical information from the access device. It is also to be considered that service providers and other third parties engaged in business may collect information about the user from publicly available sources and commercially available resources. 

The business may disclose information about the user to the [A.] service providers who process payments, manage marketing communications, provide technical support, conduct surveys, or perform other services for [B.] business partners for opt-in communications or who engage in interest-based advertising; and [C.] as required by law, such as to comply with a subpoena. 

[2.1] HOW TO MONITOR INDIVIDUAL PERSONAL INFORMATION AS USED BY NEWSDAY

The right to know when personal information is collected, sold, or shared is one afforded to all individuals. Any user can request to provide specific information regarding Newsday acquisition and accumulation of personal information over the last twelve months as per Process service guidelines. The types of personal information gathered often are for business or commercial purposes, or to share that personal information with third parties, including category suppliers.

In the sale of personal information, the dissemination of this data in accordance with a data portability request stems from [A,]   sales, which contains the categories of personal information that each customer purchased and [B.]  disclosures for a business purpose, which contains the categories of personal information that each customer obtained.

Any user has the right to request deletion of personal information that Newsday collected from and retained according to the Process service. This request may be subject to Process service exceptions, most notably if the personal information is retained for a reason related to the functioning of the business, such as providing goods or Services, detecting and resolving issues related to security or functionality, complying with legal obligations, conducting research in the public interest, exercising free speech or ensuring another’s exercise of free speech or even merely using the information for internal purposes that a consumer might reasonably expect.

After Newsday receives and confirms the verifiable consumer request, they will delete the personal information from their records within the time period required, unless an exception under Process service applies.

[2.2] HOW TO MAKE A REQUEST TO NEWSDAY

Personal information must be verifiable in order to adequately attest to the identity of the individual or to gauge them as an authorized representative. Newsday may need documentation such as verifying email and phone numbers, proof of identity, or sign-up authentication for more sensitive Process service information.

In the event that Newsday cannot authenticate the requestor’s identity, the request will be denied and personal information will not be given out. However, creating an account with Newsday is not required to send a verified consumer request. To prevent unauthorized and unlawful use of personal information given for the purposes of confirming the identity or authority of the requestor, Newsday is specifically only mandated to use the personal information supplied in a verified consumer request. Most requests are treated with good faith, especially if they are verifiable customer inquiries received within forty-five days after delivery according to Process service guidelines. A specific notification should be granted if Newsday requires an extension to address this request. 

It must also be known that if an individual is sending Newsday a counter-notice in response to a notice of intellectual property infringement, the same Process Service requirements for a request will apply as well as the specific counter-notice requirements as well. For a notice to be served effectively by Process service standards, it must be a written communication provided to Newsday’s designated Copyright Agent that includes information like [A.] the electronic or physical signature of the registered user; [B.] the  description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; [C.] the counter-suit initiator’s address, telephone number, and e-mail address; [D.] a statement by the individual, under penalty of perjury, that they have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and [D.]  a statement by the initiator of the suit that they consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located and that they will accept Process service from the person who provided notification of intellectual property infringement or an agent of such person.

Any disclosures given will span the twelve-month period of time prior to the request’s receipt that may be verified by the consumer. If Newsday cannot comply with any of the requests, it is necessary to provide a satisfactory explanation to the requestor. To enable the personal information to be communicated easily, it is necessary according to Process service to use a commercially acceptable format that is widely used,  although not guaranteed to use in all media. Processing a verified consumer request does not need a Process service fee unless it is exorbitant, repeated, or clearly frivolous.

[3.0] NEWSDAY SUBSIDIARIES

A. NEWSDAY CHARITIES INC

A subsidiary of the Newsday Media Group, the Newsday Charities Inc helps thousands of Long Island children and families who struggle with hunger, homelessness, abuse, and the lack of proper education. The entity filed for incorporation on 5th April 2017, in accordance with New York State law and adhering to Process service regulations.

An organization that is not for profit is an example of an organization that does not make a profit for its owners. No money received by or given to a non-profit organization is utilized for anything other than the advancement of the organization’s mission and maintenance of operations.  Non-profit organizations often are not obliged to pay taxes since they are either non-profits or public service organizations. In a non-profit organization, compensation is not divided up among the organization’s members, board members, or executive executives. Non-stock companies (or non-profit corporations) are sometimes known as not-for-profit corporations.

Most not-for-profit organizations will not be eligible for 501(c)(3) status. Non-profit 501(c)(3) organizations are the only organizations that qualify for this designation. However, non-profits are also non-profit organizations designed to assist their members. While they are tax-exempt, they cannot be 501(c) (3). The group must seek 501(c)(3) recognition from the Internal Revenue Service. Newsday Charities has been classified as a Charitable Not for Profit Corporation and is thus eligible for exemption. 

B. NEWSDAY COMMUNITY SERVICE FUND, INC.

Newsday Community Service Fund, Inc. is a business entity registered with the New York State Department of State (NYSDOS). The office address for Process service purposes is located at Nassau County. The business was initially filed on December 16, 1940.

C. NEWSDAY HOLDINGS LLC

Newsday Holdings is the publishing control for Newsday, established on July 18, 2008. It falls under Delaware jurisdiction, even though it is registered under Process Service standards.

Furthermore, since it is a foreign limited liability corporation with authorization from the Process service providers, most of the Process service guidelines will apply. The Secretary of State still charges the process service fee for Process service, but the registered agent will be responsible for receipt of service of process for this business. For Newsday Holdings, the registered agent for service is the Corporation Service Company.  The Secretary of State sent one copy of such Process service to the entity by certified mail, with return receipt requested, to the address listed in the Department of State’s records

It has been almost fifteen years since Newsday converted its website to a paid-subscriber-only format on October 28, 2009. Visitors to Newsday.com who want access to other features on the site, including the classifieds, the movie listings, and the school closings, will have to pay a charge per week. Those who subscribe to the print version of the publication as well as those who subscribe to Cablevision’s Internet service will not have to pay this charge. Non-Optimum, non-Newsday subscribers only bought into the free website for the first three months.

For more information on serving legal papers, contact Undisputed Legal our Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Principal Office for Newsday LLC
6 Corporate Center Dr

Melville, NY, 11747-4250
United States

2. Phone

(631) 843-4050

3. Altice, a Netherlands-based multinational telecoms company, bought Cablevision, including Newsday and News 12 in 2016. Altice then sold a majority (75%) stake in Newsday back to Cablevision’s former owner Charles Dolan and his son Patrick, making Patrick the CEO of Newsday Altice disposed of its remaining stake in Newsday at the end of July 2018, which, combined with Charles Dolan’s transfer of shares to son Patrick, makes Patrick the sole owner of Newsday.

4. Newsday, LLC v. Nassau County Police Department, 136 A.D.3d 828, (N.Y. App. Div. 2016)

5. Facts of the case: In 2009, Leonardo Valdez–Cruz stabbed Jo’Anna Bird to death in Nassau County. Valdez–Cruz was tried and convicted of, inter alia, murder in the first degree, and is currently serving a life sentence (see People v. Valdez–Cruz, 99 A.D.3d 738, 951 N.Y.S.2d 582). Following the murder, the Nassau County Police Department’s Internal Affairs Unit (hereinafter IAU) conducted an investigation into the circumstances leading up to Bird’s death. While the complete results of the investigation were never made public, the petition alleges that the petitioner’s newspaper reported that the investigation found that at least seven police officers failed to fully investigate domestic violence calls made by Bird in the days before her murder. In March 2012, Nassau County agreed to pay $7.7 million to settle a wrongful death action brought by Bird’s family

Issue at hand: In April 2012, Newsday made a Freedom of Information Law (Public Officers Law § 84 et seq. ; hereinafter FOIL) request to the Nassau County Police Department (hereinafter NCPD) for documents related to the ‘Bird case.’ The NCPD denied the FOIL request based, inter alia, on a determination that the requested records fell within the statutory exemption under Civil Rights Law § 50–a. In a determination dated March 12, 2013, the FOIL appeals officer of the NCPD denied the petitioner’s administrative appeal. The petitioner commenced this proceeding pursuant to CPLR article 78 to review the determination dated March 12, 2013. In a judgment entered March 13, 2014, the Supreme Court denied the petition and, in effect, dismissed the proceeding.

6. Public Officers Law § 895[e], [f]; Matter of West Harlem Bus. Group v. Empire State Dev. Corp., 13 N.Y.3d 882, 885, 893 N.Y.S.2d 825

7. Matter of Capital Newspapers Div. of Hearst Corp. v. Burns, 67 N.Y.2d 562, 566, 505 N.Y.S.2d 576

8. Newsday  may gather information about the individual in a variety of ways, including but not limited to the following:

  1. IP address
  2. Operating system
  3. Device type
  4. Device manufacturer
  5. Device identifier
  6. Browser type
  7. Content viewed 
  8. Pages viewed immediately before and after access 
  9. Which ads or content from affiliated companies are viewed, access, or click on
  10. Activities over time and across websites and apps within the Newsday network and within the network of websites and apps serviced by the ad networks, advertisers, service providers
  11. Features of Newsday services 
  12. Name and location of the Internet Service Provider

9. Copyright Agent, 6 Corporate Center Drive, Melville, NY 11747, or helpme@newsday.com.

This copyright agent will deal with intellectual property infringement notices only.

10. 17 U.S.C. Section 512(g)(3)

11.  6 CORPORATE CENTER 

DR Melville 

NY 11747-3845

12. The IRS NTEE classification code is T30, Public Foundations within the Philanthropy, Voluntarism, and Grantmaking Foundations category. The IRS ruling year for tax exemption was 2017.

13. NEWSDAY COMMUNITY SERVICE FUND, INC.

Address:550 STEWART AVE., 

GARDEN CITY, NY, United States, 11530

14. The DOS entity number is #41754

15. SECTION 802 LLC – LIMITED LIABILITY COMPANY LAW

16. CORPORATION SERVICE COMPANY

Address:80 STATE STREET, ALBANY, NY, United States, 12207 – 2543

HOW TO SERVE LEGAL PAPERS ON FOX CORPORATION

Fox Corporation

Undisputed Legal | New York City Process Service

Entertainment is easily one of the most cutthroat industries.  Networks compete for content and distribution, while distribution leads to audience and advertiser acquisition.  Although pricing, quality, and diversity are important considerations when determining how to allocate programming resources, the capacity to advertise and adapt to new technologies and distribution channels are as critical.

The New York City-headquartered Fox Corporation is an American mass media enterprise. 21st Century Fox (formerly known as 21st Century Fox, 21CF, and TCF) was purchased by The Walt Disney Company (also known as Disney) in late 2018, and the assets that were not acquired by Disney were spun off as the new Fox Corporation, whose stock started trading on January 1, 2019. Delaware is the corporation’s legal domicile.

The trust which owns News Corp. has a 39.6% stake held by the Murdoch family. In the absence of Rupert Murdoch, Lachlan Murdoch serves as the executive chairman and CEO, while Rupert  Murdoch is still chairman. Fox Corp. is mainly involved in the transmission of television and news broadcasts. These many subsidiaries all fall under the umbrella of the Fox Broadcasting Company, Fox Television Stations, Fox News, Fox Business, and other additional entities. The present-day News Corp, in addition to maintaining print holdings, also owns many other media properties.

[1.0] SERVICE OF PROCESS ON FOX CORPORATION SUBSIDIARIES

  1. Fox Broadcasting Company
  2. Fox Entertainment
  1. Bento Box Entertainment
  2. Fox Alternative Entertainment
  3. Sidecar
  4. XOF Productions
  5. Fox Now
  1. Fox Television Stations
  1. Fox Television currently has 28 regional affiliates
  2. MyNetworkTV
  3. Movies! (50%)
  4. Fox Soul
  5. Fox First Run
  1. Fox News Media
  1. Fox News Channel
  2. Fox Business
  3. Fox News Radio
  4. Fox News Talk (radio)
  5. Fox Nation
  1. Fox Sports Media Group
  1. FS1
  2. FS2
  3. Fox Deportes (Spanish language)
  4. Big Ten Network (51%)
  5. Fox Soccer Plus
  6. Fox Sports Racing
  7. Fox Sports Radio (brand licensing agreement with iHeartMedia/Premiere Networks)
  8. Fox Sports Digital Media
  9. FoxSports.com
  10. The Stars Group (4.99%)
  1. Credible Labs (67%): Credible Labs Inc., or Credible, is a financial technology firm located in San Francisco. Credible Operations, Inc. also conducts business on behalf of the firm. It allows people to research and refinances their loans, mortgages, and other financial products via an internet platform. Fox Corporation announced that Credible has been absorbed into the company in 2019.

It enables customers to evaluate financial goods from different suppliers side-by-side by means of the Credible marketplace. Lending itself is not the same as a bank, a credit card issuer, or a lender. Instead, it integrates with lenders and credit bureaus, giving it the capacity to offer pre-qualified rates that are based on a consumer’s credit history.

  1. Tubi: Tubi is an American ad-supported streaming service, owned by Fox Corporation. On April 1, 2014, the service was established and is headquartered in San Francisco, California. Due to the GDPR coming into effect on May 25, 2018, Tubi was unavailable throughout the European Union.

Tubi employs a real-time bidding platform for advertisers, which means the advertiser may set the kind of platform (social, web, mobile, etc.) where the advertisement appears. Tubi unveiled a new slate of original programming beginning in the autumn of 2021 on April 30, 2021.

[1.1] FOX NEWS NETWORK, LLC

Fox News Network, LLC is a Fox Corporation subsidiary. Fox News Network, LLC, established on August 26, 2015, is a Delaware company by jurisdiction, but it is registered with the New York State Department of State.

Furthermore, since Fox News Network, LLC is a registered foreign limited liability company, the bulk of New York City Process Service rules will apply. Fox News Network, LLC has appointed CT Corporation System as its registered agent to accept New York City process service. In addition, the Secretary of State should promptly send one of these copies to Fox News Network, LLC by certified mail, return receipt requested, at the Department of State’s post office address on file.

  1. Fox Business: Fox Business (formally known as Fox Business Network) is part of the Fox News Media subsidiary of Fox Corporation, and is an American business news channel. 1211 Avenue of the Americas is the primary broadcasting location for the channel’s studios. The network was launched on October 15, 2007, with trading day coverage, a nightly lineup of opinion-based discussion programs, and regular daily programming.

On a day-to-day basis, Kevin Magee, Fox News‘ executive vice president, oversees the organization; Neil Cavuto, Fox News’ vice president, and managing editor is the executive in charge of business news programming.

  1. Fox News Radio: At the beginning of each hour, Fox News Radio broadcasts a newscast. Furthermore, Fox News Radio broadcasts newscasts every thirty minutes past the hour. At the commencement of every hour, dependent on the station’s affiliation, the station either gets a five-minute newscast or a one-minute broadcast. Breaking news reports (which are commonly referred to as ‘Fox News Alerts’) is only one component of the complete network service package, which also includes updates on business news, updates from correspondents and experts, exclusive live broadcasts during newsworthy events, anchored live coverage, and clean broadcasts of news events. Affiliates may also access a newsmaker website with a selection of fresh stories and audio recordings from notable journalists.
  2. Fox Nation: Fox Nation is an American subscription video streaming service, launched in 2013, which was spun off from Fox News. Initially, it was a website started by Fox News on March 30, 2009, that started off as an opinion forum. The concept of Fox Nation was first announced on Fox News Channel (FNC,)  whose representatives stated in February 2018 that they would be converting its flagship news service, Fox Nation, into a streaming service that will include other kinds of content. As well as well-known conservative political pundits have blogs published on the site. The general idea of Fox Nation is for visitors to leave comments on the subjects that the site showcases.

[1.2] FOX CABLE NETWORK SERVICES, LLC

The Fox Corporation retains Fox Cable Network Services, LLC as one of its subsidiaries. Established on March 21, 2019, Fox Cable Network Services, LLC comes under Delaware jurisdiction and will not necessarily use New York City Process Service guidelines.

However, since Fox Cable Network Services, LLC is an authorized foreign limited liability company, mostly the same New York City Process Service instructions will be relevant. New York City Process Service is still levied via the Secretary of State, especially as there exists no registered agent to accept New York City Process Service for this company. The  Secretary of State, in turn, promptly sends one of such copies by certified mail, return receipt requested, to Fox Cable Network Services, LLC at the post office address on file in the Department of State. 

[1.3] FOX BROADCASTING COMPANY, LLC

The Fox Broadcasting Company is an American commercial broadcast television network. 1211 Avenue of the Americas in New York City, with other offices at the Fox Broadcasting Center (also in New York) and at the Fox Television Center in Los Angeles, is the flagship property of the Fox Corporation.

As a rival to the Big Three television networks (ABC, CBS, and NBC), Fox ended up as among the most successful fourth network. While most of Fox’s foreign entertainment channels broadcast the same content as the U.S. network, these overseas channels sometimes do not show the same material as the U.S. network. In 2005 Fox launched Fox Reality Channel, which aired solely reality-based programming. The channel was shuttered in 2010. Later prime-time hits for Fox included the dramas The O.C. and 24, the reality show American Idol, the animated comedy Family Guy, and the musical Glee.

When Murdoch’s conglomerate News Corporation split into separate publishing and television/film entities in 2013, Fox Broadcasting was among the companies transferred to his media holding company 21st Century Fox. The name ‘Fox’ is an indirect reference to film producer William Fox, who established one of the film studio’s predecessor studios, 20th Century Fox. Fox is also a member of the North American Broadcasters Association and the National Association of Broadcasters.

Fox Broadcasting Company, LLC was incorporated on January 23, 2019, under Delaware jurisdiction. Although the county of incorporation was in New York, the company still will not utilize New York City Process Service rules.

However, most of the same New York City Process Service requirements will be applicable, because Fox Broadcasting Company, LLC is an approved foreign limited liability corporation. As a result, the Secretary of State still levies New York City Process Service. The Secretary of State does not always have to step in, considering that Fox Broadcasting Company, LLC retains a registered agent to execute any necessary steps for service of process. The registered agent for Fox Broadcasting Company, LLC  is CT  Corporation System.  The Secretary of State delivers one of these certified copies via first-class mail, postage prepaid, to Fox Broadcasting Company, LLC, at the address registered in the Department of State with the U.S. Postal Service.

[1.3] FOX ENTERTAINMENT CORPORATION

Fox Entertainment Corporation, continues to operate as a subsidiary of Fox Corporation. Fox Fox Entertainment Corporation is a highly- established subsidiary, being incorporated with the  Department of State on July 06, 1988, in its capacity as a foreign business corporation under Delaware jurisdiction, although it is incorporated in New York. Fox Entertainment Group Inc. is a company that offers various entertainment services. The Company provides a range of TV programming, including news, sports, comedies, instructional shows, and others. F ox Entertainment supports clients globally.

Fox Entertainment Group was a division of 21st Century Fox dedicated to producing cinematic entertainment. The assets of the newly acquired 21st Century Fox were integrated into different Disney divisions after the purchase. Both 20th Century Fox, Fox Searchlight Pictures, and Blue Sky Companies, together with Fox Star Studios, were moved to Walt Disney Studios, with the Walt Disney Studios holding the Fox Group of studios.

Before the sale of Fox Entertainment Group to News Corporation in 2005, Fox was known as News Corporation, which purchased all of Fox Entertainment Group’s shares. The publishing assets of News Corporation were split off into a newly created company called News Corp in 2013 as part of a corporate reorganization.

Other than that, most of the process service instructions in New York City should be applicable for Fox Entertainment Corporation since it exists as a foreign limited liability corporation allowed to do business in the city. While Fox Entertainment Corporation retains a registered agent to receive New York City Process Service for this business, New York City Process Service is nevertheless also enforced by the Secretary of State, particularly because one of the major options for service is to serve New York City Process Service in person. The registered agent for Fox Entertainment corporation that deals with legal process and documentation is The Prentice-Hall Corporation System.  After receiving confirmation that Fox Entertainment Corporation received the document by certified mail, return receipt requested, the Secretary of State sends a copy to Fox Entertainment Corporation at the correct address in the Department of State.

[1.4] FOX SPORTS PRODUCTIONS, LLC

Fox Sports Productions, LLC is a subsidiary of the Fox Corporation. Fox Sports Productions, LLC, registered on January 23, 2019, is a Delaware corporation according to jurisdiction, although it is incorporated with the Department of State in New York. 

Nonetheless, because Fox Sports Productions, LLC is an approved foreign limited liability corporation, the majority of the requirements for New York City Process Service will apply. New York City Process Service is still assessed via the Secretary of State. The registered agent for Fox Sports Productions, LLC  is CT Corporation System to receive New York City Process Service. In turn, the Secretary of State must immediately deliver one of these copies by certified mail, return receipt requested, to Fox Sports Productions, LLC at the Department of State’s post office address on file.

  1. FS1FS1 is a multiplatform network that showcases over seven hundred live events annually including major-league baseball, college football, college basketball, the Bundesliga, the FIFA World Cup, Major League Soccer, the NHRA, the USGA, and NASCAR. Additionally, FS1 includes original content as well as opinion programs such as Skip and Shannon: Undisputed, The Herd with Colin Cowherd, First Things First, Lock It In, and Speak for Yourself.
  2. FS2. FS2 is a multi-sport national network that will feature over 525 live events during the calendar year 2019, including NASCAR, collegiate sports, horse racing, rugby, surfing, world-class soccer, and motorsports.
  3. FOX Sports Racing. FOX Sports Racing offers motorsports fans a twenty-four-hour video service that includes NASCAR, racing events, and unique content. In Canada and the Caribbean, FOX Sports Racing is provided to viewers through cable or satellite.
  4. FOX Soccer Plus. FOX Soccer Plus is a premium video programming network showcasing over three hundred exclusive live soccer and rugby competitions.
  5. FOX Deportes. FOX Deportes is a sports programming service delivered in the United States. FOX Deportes broadcasts over three thousand hours of live and exclusive programming annually. The additional programming and events are also offered on FOX Deportes, like multi-sport news and highlight programs, as well as daily studio programming. . 

[1.4] FOX DIGITAL SERVICES LLC

Fox Digital Services LLC is a division of the Fox Corporation. Fox Digital Services LLC, was registered in Delaware on October 26, 2018, but is incorporated in New York as a foreign company, according to jurisdiction.

The bulk of the criteria for New York City Process Service still apply, however, Fox Digital Services LLC is an authorized foreign limited liability company.  CT Corporation System serves as the registered agent for Fox Digital Services LLC. The Secretary of State must deliver documents to Fox Digital Services LLC via the registered agent which is forwarded by certified mail, return receipt requested, to the Department of State’s main office post office address on file.

 In addition, the Company licenses content for distribution via pay television providers’ websites and apps. In order to offer live and/or on-demand streaming of programming that features the Company, the Company’s websites and applications use broadband technology to provide a platform for delivery of both authenticated and non-authenticated programming to distribution partners’ customers to make available to them Company content via the Internet. FoxNews.com, FOXBusiness.com, and FOXSports.com are among the websites and applications, along with the websites FOXNews.com and FOXBusiness.com, which provide both live and on-demand streaming of broadcast and cable network sports programs. 

Electronic media, especially digital media, is always developing, resulting in new ways of providing and storing digital information. People are seeking greater control over when, where, and how they consume information because of the prevalence of new technologies. Consumers may now get Internet-delivered content through television and portable devices, due to advances in distribution systems.  Additionally, increasing consumption of video content through applications such as streaming platforms, online video distributors, and social media, without advertising, or DVR use for the purpose of skipping commercials, may potentially lead to lower advertising income for the company. However,  Fox Corporation has grown to safeguard and then capitalize on the value of its information through online means to boost the Company’s operations, assets, and financial performance.

For more information on serving legal papers, contact Undisputed Legal our New York City Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

C/O C T CORPORATION SYSTEM

28 LIBERTY STREET

NEW YORK, NEW YORK, 10005

2. Chief Executive Officer

LACHLAN K. MURDOCH

1211 AVENUE OF THE AMERICAS

NEW YORK, NEW YORK, 10036

3. Registered Agent

C T CORPORATION SYSTEM

28 LIBERTY STREET

NEW YORK, NEW YORK, 10005

4. Registered Agent

C T CORPORATION SYSTEM

28 LIBERTY ST.

NEW YORK, NEW YORK, 10005

5. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

FOX NEWS NETWORK, LLC

28 LIBERTY STREET

NEW YORK, NEW YORK, 10005

6. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

FOX CABLE NETWORK SERVICES, LLC

PO BOX 900

BEVERLY HILLS, CALIFORNIA, 90213

7. Registered Agent

CT CORPORATION SYSTEM

28 LIBERTY STREET

NEW YORK, NEW YORK, 10005

8. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

FOX BROADCASTING COMPANY, LLC

28 LIBERTY ST.

NEW YORK, NEW YORK, 10005

9. Registered Agent

THE PRENTICE-HALL CORPORATION SYSTEM, INC.

80 STATE STREET

ALBANY, NEW YORK, 12207

10. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

C/O THE PRENTICE-HALL CORPORATION SYSTEM, INC.

80 STATE STREET

ALBANY, NEW YORK, 12207

11. Registered Agent

C T CORPORATION SYSTEM

28 LIBERTY STREET

NEW YORK, NEW YORK, 10005

12. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

FOX SPORTS PRODUCTIONS, LLC

28 LIBERTY ST.

NEW YORK, NEW YORK, 10005

13. Including events from Bundesliga, FIFA, Super Rugby League, Australian Football League, and the National Rugby League

14. Including exclusive Spanish-language coverage of Liga MX, Tijuana Xolos, Rayados de Monterrey, and Santos Laguna home games, as well as the 2019 and 2020 NFL playoffs and the 2020 Super Bowl

15. Registered Agent

C T CORPORATION SYSTEM

28 LIBERTY ST.

NEW YORK, NEW YORK, 10005

16. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

C T CORPORATION SYSTEM

28 LIBERTY STREET

NEW YORK, NEW YORK, 10005

HOW TO SERVE LEGAL PAPERS ON THE NEW YORK POST

New York Post

Undisputed Legal | New York City Process Service

The New York Post is a conservative daily tabloid newspaper based in New York City. In addition to the NYPost.com celebrity gossip site PageSix.com, the Post also owns the other entertainment-focused site Decider.com and the Page Six gossip and news website. 

The New York Evening Post, often known as the New York Post, has been around since the 1800s, founded by Alexander Hamilton. However, the most renowned editor of the New York Evening Post was William Cullen Bryant. Following Bryant, in the mid-20th Century, Dorothy Schiff controlled the publication and was responsible for its popular tabloid format.  This attracted Rupert Murdoch’s attention, who purchased the New York Post for thirty million dollars in 1976. The Post has been owned by News Corp. ever since 1993.  

The New York Post remains a major provider of entertainment news, most often known for its tabloid war with competitor newspaper, the Daily News.

 [1.0] HOW DOES THE NEW YORK POST PROTECT USER INFORMATION

NYP Holdings, Inc. is the publisher of the New York Post, and owns, operates, or provides access to print publications, websites, mobile applications, and direct marketing programs. 

The company’s use of the personal information they collect will depend on the way the customer interacts with the Services. The New York Post may use the information they collect to, [A.] provide their products and Services; [B.] improve user experience with their products and Services; [C.] understand user interests and tell them about products and Services the New York Post thinks they will value; [D.] communicate with the user and respond to their requests or questions; or [E.] as further notified at the point of collection or with user consent.

[1.1] USER CHOICES AND RIGHTS

As customers of the New York Post, any user is liable to avail themselves of certain choices and rights regarding their personal information. The New York Post allows the user to update and amend the information they choose to share with the Post, according to relevant legislation. Further, the user has the opportunity to opt-out of future promotional email communications. Privacy and security practices are in place to ensure customer data is protected and privileged. It must be known that the New York Post has added the caveat in their Privacy Notice as to  ‘Internet security not being guaranteed to be 100 percent secure.’

The New York Post also collects personal information from a variety of sources, including [A.]  information the individual provides directly to the Services; [B.] information about the individual that the Company affiliates may also have; [C.] information about the user from third party sources, including public and commercially-available sources; business partners; third party social media networks, such as Facebook, YouTube; [D.] information about the user’s device and browsing activities on the Services, including through cookies and other similar technologies.

It must be known that for any digital media production, any individual can regulate the collection and use of their information by third parties to display relevant advertisements. This advertisement customization is often done in the user’s browser and requires specific permission that the digital media provider will have to ask. 

[1.2] HOW IS INFORMATION DISSEMINATED BY THE NEW YORK POST 

The New York Post may share user information in situations where they have obtained the consent of the user, including video content and social networking content. Furthermore, information may be shared with affiliated companies or with third-party service providers or even New York Post business partners who sponsor a contest or promotion, or who jointly offer services with NYP Holdings Services. Users are often specifically asked to consent to this use of data via a Privacy Notice or assenting to the Terms and Conditions of the Post. 

The information delivered to third parties may also be executed for their marketing or commercial purposes. Additionally, if the New York Post or its services is merged with or sold to another company, the information that has been accumulated by the Post will be provided upon this acquisition. Most importantly, however, to adhere to court orders or subpoenas, the New York Post will often provide data to comply with the law or even act as a defendant in case of legal issues arising. The New York Post is available for both requests and complaints about email, phone, or mailing addresses.

[2.0] HOW TO SERVE PROCESS ON THE NEW YORK POST.

Most commonly, the New York Post does not specifically retain a registered agent. Consequently, the Secretary of State often functions as the New York Post’s agent for New York City Process Service. In order to serve New York City Process Service on the Secretary of State as the agent of a domestic or foreign corporation, one must deliver the copies of the process and the statutory fee to the Secretary of State’s office in Albany, or to any person authorized by the Secretary of State to receive such service. The fee for service is also considered to be a taxable disbursement. 

The procedure for serving a company such as the New York Post will be considered to be concluded when the Secretary of State has been made aware of it. The Secretary of State is instructed to transmit one of these certified copies of the corporation’s incorporation papers via first-class mail, return receipt requested, to the NYP Holdings’  last known post office address as recorded in the state’s corporate records. In the case of a domestic corporation like the New York post, the Secretary of State must mail the copy to the corporation’s directors, as shown in the company’s certificate of incorporation. If the corporation does not have an address on file with the Department of State, the Secretary of State must mail the copy to any director of the New York Post (most commonly to NYP Holdings Inc.)

New York City Process Service on the Secretary of State must be made by either: [A.] sending the request through the Secretary of State’s designated agent (which must be a domestic or permitted foreign business), or [B.] using the proper procedure requirements depending on the documents to be served for New York City Process Service.   Both of these options must be provided free of charge to the consumer. 

The most common method of New York City Process Service is personally delivering said New York City Process Service to and collecting the statutory fee from the Secretary of State to accept the process in the city of Albany. The procedure for serving a company such as the New York Post will be considered to be has concluded when the Secretary of State has been made aware of it. The Secretary of State is instructed to transmit one of these certified copies of the corporation’s papers via first-class mail, return receipt requested, to the corporation’s last known post office address as recorded in the state’s corporate records. In the case of a domestic corporation, the Secretary of State is required to mail a copy of the certificate of incorporation to the mailing address of the corporation’s board of directors as stated in the document. 

In the case of a domestic corporation like the New York Post, the Secretary of State is required to mail a copy of the certificate of incorporation to the mailing address of the corporation’s board of directors as stated in the document.  To submit a copy of the New York City Process Service and statutory fee through an electronic system operated by the Department of State, while simultaneously informing the Secretary of State of the fact that the process has been electronically served on them, the New York Post must establish an email address in the Secretary of State’s database. Once the Secretary of State has accepted this New York City Process Service, the service of process on that company is complete. In the event a court requires the Secretary of State to serve a corporation, they must notify the corporation of the fact, in writing, and make a copy of the New York City Process Service accessible to the company.

[3.0] HOW TO SERVE PROCESS ON NEW YORK POST SUBSIDIARIES

A. NEW YORK POST POLIO SUPPORT GROUP, INC

The New York Post Polio Support Group, Inc. was one of the oldest subsidiaries of the New York Times  Group, with the initial Department of State filing having occurred on February 16th, 19994 under New York jurisdiction and adhering to New York City Process Service regulations. 

An organization must normally receive [A.] more than one-third of its support from gifts, grants, contributions, membership fees, and gross receipts from certain permitted sources listed below in order to qualify as a public charity under Section 509(a)(2) or [B.], the organization must not receive more than one-third of its support from gross investment income and other business income less tax. In order for an organization to adhere to these rules, which include the One-Third Support Test and the Not-More-Than-One-Third Support Test, over a five-year period (which includes the current taxable year and four prior taxable years), these criteria must be met: one-third of support must come from qualifying entities in any given year, plus at least one-third of support cannot be from those entities in the prior years. 

Although the New York Post Polio Support Group, Inc does not have a registered agent, New York City Process Service may still be forwarded from the Department of State to the authorized officer.  

B. NYP REALTY CORP

The NYP Realty Corp is an entity of the New York Post that came after the 1973 Murdoch acquisition of the New York Post and comes under Rupert Murdoch’s News Corp. NYP Realty Corp was established with the Department of State of New York subsequent to the acquisition, having its initial filing completed on September 16, 1996. The entity is entirely New York-based, filing for incorporation in Queens County for the purposes of New York City Process Service.

A New York-based NYP Realty Corp is wholly subject to the regulations of New York City Process Service, is a domestic business entity for legal purposes. The steps required to incorporate a company are outlined in the section of the Business Corporation Law pertaining to incorporating business corporations. Additionally, the organization does not have a registered agent, thus when the Secretary of State is served, New York City Process Service is frequently considered to be completed. The Department of State will then ship a copy of the process to the company with a certified mail with the specified address to NYP Realty Corp, made available while giving the Certificate of Incorporation, which is on file with the other NYP Realty Corp documents in the Department of State.

C. NEW YORK POST CONSTRUCTION & ENVIRONMENTAL CLEANING SERVICES, LLC

The New York Post Construction & Environmental Cleaning Services, LLC is a subsidiary group of the New York Post (under NYP Holdings) and filed for incorporation with the Department of State on August 10, 2018, in the county of Queens. This entity is classified as a Domestic Limited Liability Company, which would mean that it comes under New York jurisdiction for New York City Process Service guidelines to be used.  

New York City Process Service should be rendered on the  Secretary of State as an agent of a domestic limited company, since the New York Post Construction & Environmental Cleaning Services, LLC does not have a registered agent on record. Consequently, New York City Process Service is considered to be completed personally delivering to and leaving with the Secretary of State duplicate copies of such  New York City Process Service with the statutory fee, at the Albany office of the Department of State. 

The  Department  of State usually will fulfill its portion of service of process by  sending one of these copies by certified mail with the return receipt requested, to the New York Post Construction & Environmental Cleaning Services, LLC at the address on file in the Department of State 

Interestingly, the 1906 Old New York Evening Post Building is a landmark recognized by the New York City Landmarks Preservation Commission. It was designated a National Historic Landmark in 1977. The Post remained in the building until 1926 when a new office for the New York Evening Post was set up in the Post Building at 75 West Street. It was listed on the National Register of Historic Places in 2000, although it was only in use by the Post until the 1970s.

For more information on serving legal papers, contact Undisputed Legal our New York City Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. These options and the media platforms they utilize are collectively called, the “Services”

2. If users have questions, comments or concerns regarding New York Post privacy practices or the Privacy Notice, or wish to update their information, they are required to contact them at privacy@nypost.com.

3. “Our Businesses: News Corp.” News Corp Our Businesses Comments, newscorp.com/about/our-businesses/. 

4. The Californian Shine the Light Law and the California Consumer Privacy Protection Act (CCPA) provide certain rights to residents of California

5. Users may also write to the New York Post using the postal address listed:

NYP Holdings, Inc.

Attention: Privacy Lead

1211 Avenue of the Americas

New York, NY 10036

6. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

JOHN COOK ESQ / RINGE & COOK

5802 METROPOLITAN AVENUE

CORNER FOREST AVENUE

RIDGEWOOD, NEW YORK, 11385

7. Chief Executive Officer

K RUPERT MURDOCH

1211 AVENUE OF THE AMERICAS

NEW YORK, NEW YORK, 10036

8. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

NYP REALTY CORP.

1211 AVENUE OF THE AMERICAS

NEW YORK, NEW YORK, 10036

9. Principal Executive Office

NYP REALTY CORP.

1211 AVENUE OF THE AMERICAS

NEW YORK, NEW YORK, 10036

10. NY LLC L § 303 (2012) § 303. Service of process on limited liability companies.

11. This authorized individual may also be the deputy,  or  any  person  authorized  by  the secretary  of  state  to  receive  such  service

12. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

NEW YORK POST CONSTRUCTION & ENVIRONMENTAL CLEANING SERVICES, LLC

259-51 147TH DRIVE

ROSEDALE, NEW YORK, 11422