International Business Law Advisor

Insights on International Litigation & Transactions

How to Import Profits Through Exports. A Primer.

By Santiago A. Cueto on Posted in Business Transactions, International Investments

Miami AttorneyThere’s never been a better time to boost profits through exports.

With the economy gaining traction, there’s been a marked increase in the number of U.S. companies looking to capture international markets through export sales.

After all, there are  billions of potential customers out there.

Just yesterday I received a call from a Miami, Florid- based manufacturer wanting more information about how to export their goods to various international markets

I’m thrilled to see increased interest in exporting U.S. made goods.

This is not only good for the economy but great for small American manufacturers, which represent 72 percent of U.S exporters.

Continue Reading

3 Compelling Reasons to Read the International Law Quarterly.

By Santiago A. Cueto on Posted in Business Transactions, Intellectual Property, International Arbitration, International Litigation

Miami international attorneyThe 2012 issue of the Florida Bar international Law Section’s International Law Quarterly was released today.

For nearly three decades, the International Law Quarterly has been recognized as one of the world’s leading

journals covering all areas of international law.

The current issue, edited by Hogan Lovells partner Alvin Lindsay, builds on this legacy with an extraordinary collection of articles covering today’s cutting edge legal issues.

If you have any doubt, here are 3 compelling reasons to read the ILQ Winter 2012 edition: Continue Reading

Top 3 Ways to Minimize Costs in International Litigation.

By Santiago A. Cueto on Posted in International Litigation

Miami International Business AttorneyBusiness litigation can be expensive, dauntingly complex and fraught with procedural hurdles.  Overwhelmingly, it’s the cost of litigation that haunts U.S. corporations more than anything.

According to a recent survey, less than 40 percent of U.S. corporate counsel are unable to predetermine the costs of managing business disputes.

And that’s hardly a surprise. It’s difficult to predict exactly how much a given case will cost because of the inherent uncertainties of litigation. However, there are several things that you can do to reduce the expense of a heated court battle. Continue Reading

The International Reach of U.S. Employment Laws. A Primer.

By Santiago A. Cueto on Posted in Corporate Governance

Miami AttorneyIn recent months, I’ve represented several U.S. companies concerning their international employment practices.

While I am being purposefully vague as to the details, it’s safe to say that employment- related liability for U.S. companies operating overseas is on the rise.

I think part of this can be attributed to the fact that more U.S. companies are, for the first time, expanding into foreign markets.

While overall this is a positive trend for the U.S. economy, it does carry significant risk for those first-timer companies unfamiliar with the extraterritorial reach of U.S. employment laws. Continue Reading

Video Interview: Discussing Kiobel v. British Dutch Petroleum with LXBN TV

By Santiago A. Cueto on Posted in International Investments

Earlier today I had the opportunity to sit down with Colin O’Keefe of LXBN TV to discuss the recent changes in Kiobel v. British Dutch Petroleum Co., the Supreme Court case I wrote about last week. What came in as a case primarily about corporate “personhood” has now swung dramatically, as the Supreme Court now aims to determine whether or not the Alien Tort Claims Act can even be applied to crimes in foreign nations. We discuss that and more in the interview below.

How to Draft an International Franchise Agreement. The Basics.

By Santiago A. Cueto on Posted in Business Transactions, International Investments

Miami Franchise attorneyI’m seeing a big increase in the number of international franchise agreements being reached here in Miami. I suspect it’s the same for other parts of the country.

Given the recent stream of positive economic news, it’s not much of a surprise.

As economies all over the world bounce back from the global financial crisis, U.S. companies are looking overseas to capture new markets.  Of course, the same is true for foreign companies looking to penetrate the U.S. market.

Whether yours is a U.S. or foreign-based business, an international franchise is a quick and effective way to expand into overseas markets. Continue Reading

10 Must Have Provisions for Your International Licensing Agreement. Wait, Make that 11.

By Santiago A. Cueto on Posted in Intellectual Property

Florida attorney & lawyer, Miami attorney & lawyerOne of the primary uses of international intellectual property rights is a license of those rights as part of one of the many types of technology driven business relationships that a company may enter into as it deals with foreign partners.

What is a Licensing Agreement?

So what exactly is a licensing agreement anyway? In basic terms, a licensing agreement is a contractual right that gives someone permission to do a certain activity or to use certain property owned by someone else. Increasingly, these agreements are being reached between companies located in different parts of the world. Continue Reading

Corporate Liability Goes Before U.S Supreme Court. Troubling Paradox May Result.

By Santiago A. Cueto on Posted in Corporate Governance, International Litigation

Several weeks ago, I presented a webinar for the Florida Bar’s International Law Section Webinar Series titled 5 Ways Corporations Can Avoid International Liability. One of the five areas I focused on was corporate liability under the Alien Tort Claims Act (ATCA).

It seems the timing could not have been better, as the U.S. Supreme Court is set to hear oral arguments on Tuesday on whether corporations may be sued in the same manner as “individuals” under the ATCA for torts committed abroad in violation of international law or U.S. treaties.

If the issue sounds familiar, it’s because the U.S. Supreme Court answered a similar question in the context of campaign finance in Citizens United.

Kiobel v. Royal Dutch Petroleum Co.  will be the first case to address the “personhood” of a corporation since Citizens United was decided.

This case will be heard in tandem with Mohamad v. Palestinian Authority, which raises a similar question involving claims against non-natural persons under a different statute — the Torture Victim Protection Act. Continue Reading

In Landmark Decision, UK High Court Permits Service of Process via Facebook.

By Santiago A. Cueto on Posted in International Litigation

As an international litigation attorney, one of the biggest challenges I face occurs even before litigation begins, i.e. serving process on a foreign defendant.

Whether I proceed under the Hague Convention or letters rogatory, the process can be frustrating even for seasoned practitioners.

I mention this because I just read of a fascinating development in the United Kingdom regarding service of process on a defendant.

As reported in the United Kingdom’s Telegraph, a judge in the United Kingdom agreed to allow a hard-to-locate individual to be served via Facebook in a civil case.

This decision comes on the heels of a the notable 2009 decision, where the same High Court gave permission for an injunction to be served via Twitter. Continue Reading

Tweet Locally, Get Sued Globally. Twitter and International Jurisdiction.

By Santiago A. Cueto on Posted in International Litigation, Random Thoughts and Observations

International AttorneyAs the past several years have borne out, the power for Twitter to transform international events is astonishing, as Forbe’s Jeff Bercovivi recently reminded us:

“In 2009, Twitter inspired protesters in Moldova to demand political power. In 2010, the microblogging service channeled food, medical supplies and hope to the desperate victims of the earthquake in Haiti. Last year, that little blue bird did no less than foment revolution across the Arab world while uniting Americans against corporate greed and inequality.”

While Twitter’s power to foment change and revolution is unquestionable, a major change to the way it treats its tweets, has  sparked a fire storm  of debate.

Under a new initiative just announced by Twitter,  it will now censor messages on a country-by-country basis to comply with national laws such as the bans on pro-Nazi speech in Germany and France. Continue Reading