Sixteen pages earlier this week, likely including the JMIU (Japanese labor union material).
Hello! I am hoping you will respond with a confirmation to an e-mail I sent late last year. It simply asked to confirm the resume of your client’s employee, Kuniya Tsubota, lately resident in New York. In his IBM career, he’s worked in New York, he’s worked in Tokyo, and now he’s back in New York.
The question goes to factors (3) and (4) of the “mere department” jurisdictional test in New York Civil Law Practice and Rules, Rule 301:
(3) “the degree to which the parent corporation interferes in the selection and assignment of the subsidiary’s executive personnel and fails to observe corporate formalities”; and (4) “the degree of control over the marketing and operational policies of the subsidiary exercised by the parent.”
It looks very much like the parent corporation in New York a/k/a “Global” slots Mr. Tsubota into various human resource-related positions. Particularly, the JMIU union fingered Mr. Tsubota as instrumental in carrying out, in Japan, the company wide “resource action” (mass layoff) during the Fourth Quarter 2008.
I, of course, would like to know why he didn’t follow up on e-mails, coincidentally from around that time.
See you in a couple of weeks.
Hoofin 