International Business Law Advisor

Insights on International Litigation & Transactions

4 Steps to Effectuate Service of Process Under the Inter-American Service Convention

Posted in International Litigation

Inter-American Service Convention, international service of process, Miami international attorney, international lawyer MiamiOut of the hundreds of articles I’ve written for this blog, one of the most widely read has been 7 Steps to Effectuate International Service of Process under the Hague Service Convention.

That’s hardly a surprise given the complex nature of international service of process in general.

This post is a logical follow-up to that one because the Inter-American Service Convention (IASC) provides an important supplement to the Hague Convention when United States litigation implicates parties located in Latin America.

What follows is a general is a general overview of how to effectuate service under the IASC. Continue Reading

How Safe are the Sochi Olympic Games?

Posted in international business, International Risk, international trade

A special guest post by Global Security Consultant and Political Risk ExpertPaul Crespo.  
This is the latest post in the series.

Sergei Karpukhin / Reuters

The 2014 Olympic Winter Games began today in Sochi, Russia. Numerous U.S. multinational corporations such as McDonald’s, Coca Cola, Proctor & Gamble and Visa are sponsoring or participating, and 10,000 Americans are expected to attend. But former CIA Deputy Director Michael Morell recently stated that these are the “most dangerous Olympics” he has experienced in his adult life.

So what are the risks to international businesses?  And what can you do to protect yourself? Continue Reading

The World’s First Bitcoin Lawsuit—in the United States?

Posted in International Banking, international law, international trade

Bitcoin lawsuit, international payments, international litigation, bitcoin litigation, bitcoin miami

Have you ever received an email that is so fascinating that you have to read it out loud to make sure you that you read it correctly?

I received one of those several days ago.

The email asked the following question:

“This past summer I purchased [factory equipment] in [Country X] with Bitcoin.  I never received the equipment and [the supplier] won’t respond to my messages. Is it possible to file a lawsuit against [the supplier] even if I used bitcoin?

Wow.

I had to re-read the email several times to make sure I understood what I was reading. Continue Reading

Japan’s New 24-Hour Advance Manifest Rule Takes Effect on March 10, 2014.

Posted in Business Transactions, international business, international trade

Export Japan, Japan 24 hour rule, Japan NACCS, international business attorney, Miami port, U.S. customs, imports to JapanOn March 14, 2014, Japan will join the global effort to make things more difficult for exporters secure supply chains against international terrorism with the implementation of it’s own “24-hour rule.”

First implemented by the U.S. in 2002, the 24-hour advance manifest rule requires all inbound cargo carriers to submit complete manifests a full 24 hours before leaving their ports of departure.  The rule has since been widely adopted by  countries all over the world.

Under Japan’s 24-Hour Rule (JP24), notice of all containerized freight bound for Japan must be transmitted at least 24 hours before cargo is loaded onto vessels to the Nippon Automated Cargo and Port Consolidated System (NACCS), the Japanese government agency responsible for the country’s import/export and customs clearance services. Continue Reading

Enforcing a Contract in Latin America? Good Luck with That.

Posted in Business Transactions, Dispute Resolution, International Arbitration, international law, International Litigation

enforce contract Brazil colombia venezuela peru mexico, litigation latin america, enforce contract, litigation slowI got a call recently from a local manufacturer looking to sue a supplier in a Latin American country for breach of contract.

Given Miami’s proximity to the region, I see these types of cases a lot.

The first thing I’ll do is take a look at the case to confirm that jurisdiction would be proper in the U.S.

And most of the time it is.

However, when the jurisdictional nexus is weak or nonexistent, these Latin American breach of contract cases must be litigated in the region.

Litigation in Latin American is Painfully Slow

So whenever I tell a client that the case must be litigated in Latin America, I say “good luck with that.” Continue Reading

Don’t Let Shipping Piracy Sink Your International Business.

Posted in international business, international law, International Risk, international trade

A special guest post by Global Security Consultant and Political Risk ExpertPaul Crespo.  This is the latest post in the series.

With the dramatic growth of global commerce more businesses rely on maritime shipping to get their goods and raw materials to market.

The release of the Tom Hanks film “Captain Phillips” depicting the 2009 hijacking of the US merchant ship Maersk Alabama by Somali pirates, has reminded us of the threats to that shipping. US Navy SEALS successfully resolved that high-visibility ship hijacking, but how secure are the cargo ships that your international business relies on today?

Global Cost of Piracy

According to a study by Oceans Beyond Piracy, the cost of maritime piracy to the global economy in2012 was between $5.7 and $6.1 billion. This was a drop of 12.6% from about $7 billion in 2011, due mostly to a 70% drop in Somali piracy.  The report notes however, that while overall piracy incidents have declined substantially, the cost “per incident” is now much higher. Continue Reading

3 Steps to Prepare your International Business for Crisis and Continuity

Posted in Business Transactions, Corporate Governance, international business, International Risk

A special guest post by Global Security Consultant and Political Risk ExpertPaul Crespo. This is the seventh post in the series.

Global companies today face a variety of serious risks that range from political disturbances, terrorist bombings, supply chain disruptions, natural disasters and cyber-attacks, to the kidnapping of key executives.

Any of these threats can create corporate crises that can seriously damage your company’s operations, reputation and even existence. Even worse are the threats we don’t foresee or predict – potentially catastrophic Black Swan events like 9/11.

Depending on the country where it occurs, a corporate crisis can also be severely compounded by language and cultural differences that will magnify the confusion and multiply the damage. How your company handles a crisis can make or break its future.  So, what can your international company do to prepare for a crisis?

Below are 3 key steps to take before a crisis explodes: Continue Reading

Cyber Attack – 3rd Biggest Threat to International Business

Posted in Corporate Governance, Intellectual Property, international law, international trade

A special guest post by Global Security Consultant and Political Risk ExpertPaul Crespo. This is the sixth post in the series.

With larger and costlier data breaches being reported every day, cyber security is quickly moving from being seen by C-level executives as a purely technical security issue, to a top business risk for global corporations.

Cybercrime and cyberspying are costing the US economy $100bn a year, and the global economy perhaps $300bn annually, according to a report by the Center for Strategic and International Studies (CSIS); and senior business executives are taking notice. Continue Reading

How Secure Are U.S. Businesses in Mexico?

Posted in Corporate Governance, international business, International Risk

A special guest post by Global Security Consultant and Political Risk ExpertPaul Crespo. This is the fifth post in the series.

Mexico is a top Latin American location for American business operations. A vast market with close proximity, Mexico represents the United States’s second largest export market and its third largest source of imports.

Recently however, the battle against, and between, powerful drug cartels has given Mexico a black eye. Roughly 70,000 people have been killed in drug-related violence since 2006. Constant reports of gruesome and escalating violence have dominated headlines for the past few years, making some American businesses wary of Mexico.

Mexico’s new President Enrique Peña Nieto, has vowed to reduce the violence by tackling crimes like extortion and kidnapping rather than focusing on hunting down drug bosses. The security situation however, remains problematic. Some parts of the country are still in virtual lock down and kidnapping in particular is becoming rampant. Continue Reading

Codes, Locks and Keys: 35 Industrial Espionage Countermeasures that Will Save Your International Business.

Posted in Corporate Governance, Intellectual Property, International Risk

industrial espionage, corporate spy, corportae espionage

Last week Apple released the Apple iPhone 5s.  The most innovative feature of the new phone was the device’s fingerprint scanner, which was widely heralded as being the world’s first “hack proof” access point.

It took only a few days, however, for a German hacking group to bypass the phone’s latest security feature and gain access to the device.

The incident is the latest example that no security barrier is too great for a determined corporate spy to breach.

As our foreign competitors step up their efforts to do whatever they can to steal our vital trade secrets, there’s never been a more critical time for American companies to implement effective industrial espionage countermeasures.

Safeguarding information is not only necessary to keep America competitive, it’s  also the law. Continue Reading