As a litigator, I’m in constant communication with in-house counsel concerning the status of a given case—as most litigators are or should be. Even if nothing material is going on, I make it a point to simply communicate “there are no material issues to discuss at the moment.” I do this for several reasons…. Continue Reading
Tag Archives: Litigation
How to File a Lawsuit Against a Foreign Government. The Basics.
Posted in International LitigationOur firm recently received a call from a U.S. entity looking to file a lawsuit against a foreign government. While I cannot discuss the specifics of the case, I can tell you that the circumstances under which a U.S. entity or citizen would want to sue a foreign government fall across a broad spectrum. The… Continue Reading
What Every Corporate Attorney Must Know About European Union E-Discovery Rules. An Update.
Posted in International LitigationBack in August of 2009, I wrote an article, European Union E-Discovery Rules: What Every Corporate Litigator Must Know, describing the privacy laws in the European Union and the significant implications for litigation based in the United States. At the end of the article, I predicted that the EU would further shore up their privacy… Continue Reading
Another Win for Anti-Suit Injunctions and the Integrity of Arbitral Awards
Posted in Business Transactions, International Arbitration, International LitigationOnly 2 weeks into 2010 and I’m seeing a lot of positive movement on the street. The international markets are roaring back to life. Deal makers are picking up the phone again. And lawyers are being hired to put these deals together. Based on this snapshot view, I expect to see international transactions skyrocket as… Continue Reading
Florida Court Refuses to Enforce $97M Foreign Judgment Against Dole
Posted in International LitigationIn an earlier post, I wrote about the Enforcement of Chinese Judgments in the United States and cited a recent California decision enforcing a Chinese judgment in the United States. The case is unique because it is generally believed that United States courts will not enforce Chinese judgments given the lack of a treaty between the two… Continue Reading
Alien Tort Claims Act: A Threat to U.S. Corporations Operating Overseas?
Posted in International LitigationThe rise in international litigation predicated on lawsuits filed under the Alien Tort Claims Act present significant risks for U.S. corporations that do business abroad. While the law was originally intended to protect US financial interests from piracy on the high seas, it was revived in the early 1980s to seek accountability for overseas human… Continue Reading
Chevron Files International Arbitration Claim Against Ecuador: Forum Shopping in the Hague?
Posted in Dispute Resolution, International Arbitration, International Litigation**Update January 15, 2010**: The Republic of Ecuador and the class Plaintiffs have both challenged Chevron’s arbitration claim in New York federal court. You can read about it here and here. First, the United States. Then Ecuador. Now Holland. Chevron’s wanderlust knows no bounds, as it recently filed a parallel international arbitration proceeding in the… Continue Reading
Enforcing European Freezing Injunctions in the United Kingdom
Posted in International LitigationThe last post discussed the enforcement of Chinese judgments in the United States. In this post, I’ll head across the pond to discuss the implications of a recent English High Court decision on the enforcement of judgments and Freezing Injunctions. EU Enforcement Law In D’Hoker v Tritan Enterprises Limited [2009] EWHC 948 (QB), the… Continue Reading
Enforcement of Chinese Judgments in the United States
Posted in International Litigationon August 12, 2009, the United States District Court for the Central District of California issued a judgment enforcing a $6.5 million dollar Chinese judgment against an American corporate defendant under California’s version of the Uniform Foreign Money Judgments Recognition Act. The court’s full decision is available here. This case is unique because it is… Continue Reading
Chevron’s Missteps: How Not to Handle Foreign Litigation
Posted in International LitigationSome of my recent "how to" posts have offered practical advice and tips concerning various areas of international business law. This post is different–it’s a "how not to" article based on Chevron’s inept and unethical handling of the oil pollution trial currently taking place in Ecuador. While zealous advocacy is critical to any high caliber… Continue Reading
About Santiago A. Cueto
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Board Certified International Law Expert and Founding partner Santiago A. Cueto focuses his practice on international business law with an emphasis on international business litigation, arbitration and transactions. His practice is based in Miami, Florida.
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