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 similar case, the court held the … [Read more...]
Yes, Your Foreign Company Can File for U.S. Chapter 11 Bankruptcy Protection.
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 possible for a foreign company to do so. I went on to tell them that not … [Read more...]
Brazil Joins the Convention on Contracts for the International Sale of Goods (CISG). It's About Time.
It's almost everyday now that I get an email or phone call from a Brazilian investor looking to do business in the U.S. (usually in Miami) or a U.S. investor looking to do business in Brazil. It's not exactly a surprise given the enormous trade numbers the two countries are putting up---$100 Billion in 2011 alone. Presently, the rules for entering into an international sales … [Read more...]
How to Terminate Your International Employees: An Overview.
Several weeks ago I received a call from the legal department of a U.S. company with operations in Asia. The company was looking to downsize its operations in the region and was unsure of its obligations in terminating this group of employees. The caller was right to be concerned. While terminating an individual employee here in the U.S. can be fraught with legal … [Read more...]
The One Thing to Remember on Your Next International Business Trip.
I received an email from a client several weeks ago who was getting ready to travel overseas to meet with his new business partners on a major international distribution deal. Because the client had never been to this part of the world, he was concerned that he would inadvertently “commit some cultural faux paus” and do something that would potentially blow the deal. I … [Read more...]
Worried About Your Global Supply Chain? Then You Must Check Out Create.org.
For any company concerned about the integrity of their global supply network, there's a great post over at the venerable China Law Blog by Dan Harris. The post, Improving The Global Supply Chain: Create.Org highlights Create.org, “a non-profit organization dedicated to helping companies and their suppliers and business partners reduce counterfeiting, piracy, trade secret theft … [Read more...]
Can the Location of a Computer Server Be enough to Confer Jurisdiction over International Defendants? Yes. Maybe.
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 of international lawyers. If we’re defending you, then there’s a good … [Read more...]
Doing Business in Brazil Just Got Easier (or Less Difficult).
I received an email the other day from someone looking to form a business in Brazil. I told this person that forming a business in Brazil can be a real headache, particularly if you do not have a Brazilian partner. It's a crazy dynamic and I just don't understand it--with all the economic advances Brazil has made in the past decade, it’s hard to see why its bloated … [Read more...]
5 Key Points Every Chinese Investor in the U.S. Must Know.
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 abandon deeply entrenched legal and cultural … [Read more...]
Enterprise Florida’s International Trade Leads Program: A Great Place to Discover International Business Opportunities.
With the Dow reaching an all-time high today, Americans are feeling a lot better about the state of the economy—more so than they have in nearly a decade. This coincides with a recent Gallup poll that found Americans are also feeling better about international trade. According to the excellent International Economic Law and Policy blog, the latest trend can be attributed … [Read more...]