International Business Law Advisor

Insights on International Litigation & Transactions

The Ultimate International Law Guide for U.S. Judges–And Attorneys!

Posted in international law, International Litigation

International Litigation Book Guide Judge attorneys miamiSeveral months ago I argued a case that centered on the finer points of forum non conveniens.

The issue comes-up regularly given the large number of international companies doing business here in Miami.

While my adversary and I had a firm grasp of the issues involved, the judge wanted to take some additional time to review the case law cited in our briefs before making a decision.

And that’s no surprise.

It can be difficult for a judge to keep up with all the nuances of international business litigation.

In the past year alone, there have been a number of major decisions that have reshaped forum non conveniens analysis.

I mention all this because the American Society for International Law recently released its Benchbook on International Law. Continue Reading

Connecting with International Business Leaders is Elementary: Start with the Periodic Table of LinkedIn Influencers.

Posted in Opinion, Random Thoughts and Observations

LinkedIn INfluencers to Follow international businessOne of the great things about my job is connecting with international business leaders from all over the world.

Whether its resolving a dispute between parties in Zurich and Saudi Arabia or closing a deal between joint partners in Singapore and London, it’s the relationship-building that is the most fulfilling.

While working on international matters is an ideal way to connect, I’ve found that LinkedIn’s Influencer platform is also a great way to build relationships with international business leaders all over the world.

How to Connect with International Business Leaders on LinkedIn

LinkedIn Influencers are people who LinkedIn recognizes as industry leaders. There are now over 300 Influencers including Richard Branson, Mark Cuban, Deepak Chopra, Jack Welch, and many others.

By “following” Influencers, you can read, like, comment directly, and share Influencer content with your network.

But with so many incredible Influencers to choose from, identifying which industry leader to follow can be overwhelming.

That’s why I developed the Periodic Tables of LinkedIn Influencers.

The Periodic Table of LinkedIn Influencers

It’s a quick and easy way to identify the Top 120 Influencers to follow. The table also includes a 7-step guide to engage and connect with key Influencers.

To get you on your way towards Influencer stardom, take a few minutes to glance over the Periodic Table of LinkedIn Influencers and select several of them to follow –just click to magnify:

The Periodic Table of LinkedIn Influencers

After you’ve selected several Influencers to follow, head over to the influencer’s LinkedIn Profile and website.

By doing so, you’ll get a good idea of the things they’re most passionate about. It could be anything from international business, foreign affairs or non-profit work.

This will lay the groundwork for you to engage and connect with international business leaders from all around the world.

Follow these steps, and soon you’ll be an international business leader too.

How to Supercharge Your Exports with a Third-Party Logistics Provider (3PL).

Posted in international trade

3PL- Miami-international-business-exports- Miami business-attorney

I have a problem,” the caller said to me.

“Our company’s textile factory in Vietnam has been sitting idle for several weeks.”

The caller explained that it’s cotton supplier was unable to clear its shipping documents with customs officials.

I asked whether the company had a back-up plan to find an alternative supply.

“No,” replied the caller. We didn’t think we’d ever need one.”

The Cause of the Problem.

I soon learned that the company handled everything in-house and lacked the industry expertise to  handle a last-minute logistics crisis like this one.

Ultimately the situation was  resolved.

But not without some major headaches and significant financial losses. Continue Reading

4 Reasons Why a Lawsuit Over Flight MH17 Will Not Succeed in U.S. Courts.

Posted in International Litigation

malaysia flight mh 17, international lawsuit, U.S. courts, aviation lawsuitI opened the door and it was raining people. One fell in my vegetable patch”

–Irina Tipunova, Rozsypne, Ukraine

That horrific account captures only part of the tragedy that ended the lives of 298 passengers aboard Malaysia Flight MH17 last month.  Several hundred feet from Ms. Tipunova’s home, dozens more ravaged bodies lay in the wheat fields where the airliner came down.

Upon learning of such a scene, the knee-jerk reaction for many international plaintiff lawyers is to rush lawsuits into U.S. courts to take advantage of it’s generous tort system. Indeed, it was only several weeks ago that a Florida jury awarded $23 Billion to the widow of a smoker for lying about the health effects of cigarettes.

But as terrible as the attack on Flight MH17 was, there is little chance of any civil lawsuit succeeding in the U.S. against those responsible for downing the aircraft– or even against Malaysia airlines for routing the flight over a known war zone. Continue Reading

35 International Business Etiquette Rules that Might Surprise You.

Posted in international business

International attorney in miamiBesides that one time in Switzerland that I yodeled my lunch order, I’ve had a good stretch of luck with not running afoul of any major rules of etiquette when doing business in other countries.

Whether I’m at Breakfast with a banker in Brazil, at lunch with a lawyer in London or at dinner with a dealer in Denmark, I’m always uneasy about violating some unspoken rule of etiquette in the country that I’m visiting.

I’ve found that the best way to the right thing is to follow the local rules of etiquette is to simply follow the lead of my hosts. This has worked-out just fine for me.

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