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Category Archives: International Litigation

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

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

I 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… Continue Reading

Are Worldwide Freezing Orders Really Enforceable Worldwide?

Posted in International Banking, International Litigation

I recently did an interview with Russia’s top news agency, RIA Novosti on Worldwide Freezing Orders (WFO). The interview was conducted by RIA correspondent Carl Shecker. The interview was for the article In Global Tussle, Russia and Émigré US Socialite Battle for Fortune.  As Carl puts it, the story centers on “a byzantine Russian corruption… Continue Reading

Political Risk Insurance: Why Your International Business Must Have It.

Posted in Business Transactions, Corporate Governance, International Banking, international business, International Investments, International Litigation, international manufacturing, International Risk, international trade

A special interview with Global Security Consultant and Political Risk Expert, Paul Crespo This is the first in a series of posts dealing with global security and risk management. While companies doing business internationally generally protect themselves against numerous risks, political risk is often ignored or accepted as fate. While there are many ways to… Continue Reading

International Money Laundering. How to Make Sure Your International Business Stays Clean (Infographic)

Posted in Corporate Governance, International Banking, international business, international law, International Litigation

 Our firm is currently assisting in the prosecution of an international white collar crime matter.   The allegations read like a James Bond novel and are so outlandish that film rights are being discussed. Like I said, this is interesting stuff. The thrust of the case centers on an international financial  institution  that uncovered a would-be… Continue Reading

Yes, You Must Disclose All International Property Holdings When Filing for Bankruptcy in the U.S.

Posted in Business Transactions, International Banking, International Litigation

I recently came across a situation where someone unwisely sought the advice of one of those late night television bankruptcy attorneys offering the deal of the century. You know the one. Well, unfortunately certain foreign property holdings were not disclosed and the court came very close to denying the debtor’s bankruptcy petition. In a very… Continue Reading

Yes, Your Foreign Company Can File for U.S. Chapter 11 Bankruptcy Protection.

Posted in Business Transactions, International Banking, International Investments, International Litigation

Several months ago, I handled a matter on behalf of a foreign company that filed for Chapter 11 bankruptcy protection here in the U.S. When I explained the general details of this case to a seasoned bankruptcy attorney, whom I had run into at legal seminar, I was surprised that he didn’t think it was… Continue Reading

Concordia Lawsuits Kicked Back to Miami-Dade Court Following Carnival Corp’s Boneheaded Defense Strategy.

Posted in international business, International Litigation

My second choice for the title of this post was “Hey Carnival Corp.  Defense Team– What in the World Were You Thinking?” This case is a classic example of what not to do as a defense attorney—remove a claim to federal court based on a sophisticated area of law you know nothing about. As the… Continue Reading

What Psychology Can Teach You About Global Outsourcing.

Posted in International Investments, international law, International Litigation, international manufacturing, international trade

Just yesterday I received a call from a businessman looking to outsource a good part of his company’s assembly operation to another country. While I would prefer that the company keep its operations division close to home, I understand the realities of today’s global market. In a world where a company’s success hinges on the… Continue Reading

International Litigation Costs: A Comparative Study.

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

As readers of this blog know, I’m a big advocate for the arbitration of international disputes. However, the fact remains that a great deal of cross-border disputes result in costly international litigation. I see that a lot here in Miami, where our firm’s international practice based.  There are literally hundreds of  lawsuits filed here that… Continue Reading

International Arbitration in Miami is on the Rise. Here’s Why.

Posted in International Arbitration, international business, International Investments, international law, International Litigation

Whenever someone learns that our  law firm (based in Miami) is currently handling a major international arbitration matter against the Kyrgyz Republic at the Hague,  they almost always ask “why is a complex case like that being handled in Miami?” The answer is straightforward. Over the last decade Miami has become one of the primary… Continue Reading

Can the Location of a Computer Server Be enough to Confer Jurisdiction over International Defendants? Yes. Maybe.

Posted in Business Transactions, Corporate Governance, Dispute Resolution, international law, International Litigation

In any international dispute our firm takes on, the first level of analysis will almost always center on the location of the parties and where the dispute arose. If there is no jurisdictional basis for a lawsuit in the U.S., then– if you’re on the plaintiff side– the case is referred out to our network… Continue Reading

The International Litigation Playbook: 10 Winning Strategies for Tackling International Opponents.

Posted in international business, international law, International Litigation

It’s been well over three years since we launched the International Law Advisor. Over the years, we’ve amassed a high volume of  content aimed at international legal practitioners and business owners. We were recently approached by a highly regarded publisher to publish a book on a topic that our readers have been most interested in. By and large,… Continue Reading

5 Key Points Every Chinese Investor in the U.S. Must Know.

Posted in Business Transactions, Corporate Governance, international business, International Investments, international law, International Litigation, international trade

In the past year or so I’ve been working with a Chinese industrial manufacturing company looking to tap into the U.S. market. In just a few years, the company has wildly exceeded its expectations. The company’s success can be attributed to zealous commitment to learning. By this, I mean that the company understood that it had to… Continue Reading

The Ultimate in FCPA Scholarship in One Place.

Posted in Business Transactions, Corporate Governance, international business, international law, International Litigation

One area of law that has received enormous attention in the international business community the past several years is the Foreign Corrupt Practices Act. The sheer amount of FCPA material out there is staggering. Just Google “FCPA” and you’ll see what I mean (over 1,200,000 results generated). For anyone trying to keep up with the latest FCPA developments, it can… Continue Reading

Sovereign Debt Litigation on the Rise.

Posted in Business Transactions, Dispute Resolution, International Banking, international business, International Investments, international law, International Litigation

On Wednesday, the United States Court of Appeals for the Second Circuit will hear argument in a sovereign debt lawsuit that could have a major impact on world debt markets. The case centers on a group of investors who sued Argentina seeking payment for $1.3 billion relating to bonds that the country defaulted on in 2001. While… Continue Reading

Individual Liability for Foreign Subsidiary Misconduct. The Logical Next Step.

Posted in Business Transactions, Corporate Governance, international business, International Investments, international law, International Litigation, international manufacturing

 Yesterday’s post centered on how important it is for U.S. companies to keep tabs on their foreign subsidiaries. Well, the Conglomerate blog has an excellent post on the increase of foreign subsidiaries that have entered guilty pleas with the U.S. government for misconduct that took place after the financial crisis. What’s interesting about the rise in foreign subsidiaries being… Continue Reading

Hey U.S. Corporations–Don’t Neglect Your Foreign Subsidiaries!

Posted in Business Transactions, Corporate Governance, international business, International Employment, international law, International Litigation, international trade

I recently received an email from a board member of a corporation concerned that one of the company’s foreign subsidiaries was having compliance issues. I immediately interrupted and asked if there were any local bodies on the ground at the company’s foreign subsidiary. I wasn’t exactly surprised to learn that there were not. In fact, no one… Continue Reading

SEC Takes Immediate Action in Freezing OffShore Accounts Tied to Heinz Insider-Trading.

Posted in Business Transactions, International Banking, international business, International Investments, international law, International Litigation

Yesterday it was announced that Warren Buffet’s Berkshire Hathaway partnered with Brazilian equity fund 3G to purchase iconic American ketchup maker Heinz in a blockbuster $23 Billion deal. Just a day after the deal, the SEC obtained an emergency court order to freeze assets in a Zurich, Switzerland-based trading account that was used to reap… Continue Reading

Don’t Miss the 11th Annual International Litigation and Arbitration Conference March 1, 2013.

Posted in International Arbitration, international business, International Litigation, international trade

The Florida Bar’s International Law Section will be hosting its 11th annual International Litigation and Arbitration Conference on March 1, 2013. The event will be held at the stunning Biltmore Hotel in Coral Gables, FL, located a short distance from Miami International Airport. I will be speaking on the panel “How Should Counsel Use Trade… Continue Reading

So Much for Expediency. International Arbitration Cases Can Take a Long Time, Too.

Posted in Dispute Resolution, International Arbitration, international business, international law, International Litigation

In the past two decades, international arbitration has become the dispute resolution mechanism of choice for resolving international commercial matters. One of the characteristics that made international arbitration so attractive was its expediency in getting matters resolved. This saved companies a great deal of money because they were not tied up in litigation for what… Continue Reading

International Technology Laws Apply to You too, Google.

Posted in Business Transactions, Corporate Governance, international business, International Investments, international law, International Litigation

I can’t stress enough how important it is for technology companies operating overseas to be mindful of the dizzying array of compliance laws that apply. Some companies just don’t seem to get it. I bring this up because the Washington Post is reporting that Google faces at least 10 lawsuits in the United Kingdom over violation of… Continue Reading