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10-04285-brl Doc 127 Filed 08/17/12 Entered 08/17/12 14:29:55 Main Document
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Luxalpha and Groupement’s performance for the period, and BLMIS’s purported entrances and
exits from the stock market. (See, e.g., Pergament Decl. Exs. 149-151.) If there was any doubt
that the work of AIA Ltd. was performed in New York, these reports themselves explicitly state
that they were “[p]repared by [New York-based] Access International Advisors, Inc. for Access
International Advisors Limited.” (Pergament Decl. Exs. 149 at 2; 150 at 2, 10-13; 151 at 2, 14–
19.)
If Access’s New York office had not performed these analyses and generated reports on
BLMIS’s activities for AIA Ltd., AIA Ltd. would have had to perform those activities itself. But
with no employees, it is obvious that AIA Ltd. could not have done so. Nor could it meet its
obligations to introduce prospective clients to Luxalpha, or meet its investment manager
obligations to Groupement itself. These and other duties were performed by Littaye and
Villehuchet, who each were present in New York for purposes of jurisdiction, and other Access
principals. As such, Access’s New York office acted as the agent of AIA Ltd., and AIA Ltd. is
therefore subject to the jurisdiction of the Court. See Van Egeraat, 2009 WL 1209020, at *2–4
(finding personal jurisdiction based on the presence and activities of an affiliated entity where
the New York entity “renders services on behalf of the foreign corporation that . . . are
sufficiently important to the foreign entity that the corporation itself would perform equivalent
services if no agent were available” (internal quotations omitted)); see also Bulova, 508 F. Supp.
at 1334 (courts “look to realities rather than to formal relationships” when determining
jurisdiction based on parent-subsidiary relationships).
Additionally, AIA Ltd. is also subject to jurisdiction because it is a mere department of
Access’s New York office. AIA Ltd. was owned completely (or nearly completely) by Littaye
and Villehuchet, who were also the owners of the AIA LLC and AIA Inc. entities that comprised
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