International Business Law Advisor Insights on International Litigation & Transactions

Monthly Archives: May 2010

International Litigation: Could BP Be Sued in a U.S. Court by Foreigners Harmed by the Gulf Oil Spill?

Posted in International Litigation

 Being an international litigation attorney based out of Miami, I see a great deal of lawsuits filed by foreign plaintiffs here in the U.S. District Court for the Southern District of Florida. By virtue of its close proximity to Latin America and the Caribbean, Miami is one of the busiest places in the country for… Continue Reading

International Litigation: Why Isn’t the BP Oil Spill an International Matter if it Occurred in International Waters?

Posted in International Litigation

As an international litigation attorney, I’m frequently contacted to advise or comment on international business disputes that are of great interest to the media. Why isn’t the BP Oil Spill an International Matter? On several occasions in the past few weeks, I’ve been asked the same question:  Why is the BP oil disaster a U.S…. Continue Reading

6 Key Provisions You Should Include in Your International Licensing Agreements.

Posted in Business Transactions

Ipsen , a global biotechnology company headquartered in Paris, and Rhythm Pharmaceuticals, a Boston-based biotechnology company that is developing peptide therapeutics for metabolic diseases, announced recently that they entered into a license agreement for Ipsen’s proprietary processes . Under the terms of the agreement, Ipsen granted Rhythm an exclusive worldwide license for research, development, and… Continue Reading

International Arbitration: Florida Adopts UNCITRAL Model Law, Miami to Benefit the Most

Posted in International Arbitration

As an international litigation and arbitration attorney based in Miami, I’m thrilled that the Florida Legislature just passed a bill that standardizes the rules of international arbitration. The language of the new legislation mirrors a model law developed by the U.N. Commission on International Trade Law, or UNCITRAL. Florida is the sixth state to pass… Continue Reading

International Arbitration: The Wild West of Ethics?

Posted in International Arbitration

International Arbitration has made great advances in the past several decades in becoming the mechanism of choice to resolve international disputes. Give me any court system in the world and nothing approaches the dynamic pragmatism of international arbitration. The relative costs, speed and predictability of this dispute resolution regime are unbeatable.  While international arbitration does it… Continue Reading

How to Avoid International Disputes: First, Be Good to Your Suppliers.

Posted in International Litigation

At a round table there is no dispute about place –Italian Proverb Every company, whether in the product or service business, depends on its suppliers. In today’s highly globalized business environment, it is likely that at least one of these suppliers is located overseas. While reducing costs is the main motivator for companies to source… Continue Reading

How to Structure an International Distribution Agreement.

Posted in International Investments

Although I enjoy the day-today challenges of international litigation, I’m often called upon to structure international business deals. These are fun too, as I get an inside look at the business side of many different kinds of industries. Lately, I’ve seen a considerable increase in the number of distribution deals being forged. Distribution agreements are… Continue Reading

International Basics: What’s the Difference Between Common Law and Civil Law?

Posted in International Litigation

As an international business attorney, it’s not unusual for a client to ask me what the difference is between civil law and common law.  It’s always a great question and lets me know that they’re engaged and invested in the legal process. This is so whether I’m dealing with a transaction or a dispute. It’s a great… Continue Reading

International Litigation:The Evolution of Forum Shopping in U.S. Courts

Posted in Dispute Resolution, International Arbitration, International Litigation

“As a moth is drawn to the light, so is a litigant drawn to the United States.”   — Lord Denning Was Lord Denning right? Last month the U.S. Supreme Court heard oral argument in Morrison v. National Australia Bank on the issue of whether a foreign plaintiff could use U.S. courts to file international securities class… Continue Reading