Last week I received a call from the general counsel of a corporation looking to enforce a foreign judgment here in the U.S. I explained that the process is straightforward, assuming the foreign judgment does not conflict with certain principles, which I'll explain below. The same also generally holds true for the enforcement of U.S. judgments in a foreign country. While the … [Read more...]
Service of Process in Brazil, Part II. What You Need to Know.
We are thrilled to present this guest post by Gregory S. Barnett, who is a foreign legal consultant with Angelico Advogados in Sao Paulo, Brazil. International investment in Brazil is on the rise. As economic struggles persist in the United States, anxious US investors are looking south for new opportunities. And while most countries are struggling, Brazil has weathered the … [Read more...]
U.S. Court Rules China an “Adequate Forum.” Really, It Is. Or Not?
For all the exuberant talk about China being among the world’s greatest economic powers, with western marketers clamoring to get their products in front of China’s skyrocketing middle-class, the reputation of its legal systems has lagged behind considerably. Whether China’s legal system is adequate or not, the arguments are all over the place. For example, contrast the recent … [Read more...]
Service of Process in Brazil. The Basics.
In the past several months, there’s been a dramatic increase in the number of Brazil-related legal questions I’ve received here in Miami, where our firm’s international law practice is based. With Brazil-South Florida annual trade exceeding $13 billion and Brazilian visitors spending $1 billion annually in Miami, it’s really not all that surprising. From exporting … [Read more...]
How to File a Lawsuit Against a Foreign Government: The Swiss Perspective.
I'm thrilled to publish this excellent guest post submitted by Yves Klein of Monfrini Crettol & Partners in Geneva, Switzerland. I recently read Santiago Cueto’s entry on this blog titled How to File a Lawsuit Against a Foreign Government. The Basics, on which I commented on LinkedIn. Santiago kindly offered me to write this contribution on the Swiss perspective to this … [Read more...]
International Law Practitioners Love the International Law Quarterly.
The spring edition of the Florida Bar’s International Law Quarterly (ILQ) is out. The ILQ is quickly becoming required reading for any international lawyer. As Editor-in-Chief Alvin F. Lindsay points out, each issue of the ILQ strives for a balance of scholarship and practical articles that will be useful to all international practitioners. The spring edition is no … [Read more...]
5 Ways to Make In-House Counsel's Job Easier in High Stakes Litigation
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. First, knowing that the case is under control allows … [Read more...]
How to File a Lawsuit Against a Foreign Government. The Basics.
Our 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 most common cause of action filed against a foreign government is a … [Read more...]
What Every Corporate Attorney Must Know About European Union E-Discovery Rules. An Update.
Back 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 laws as business between U.S. and EU … [Read more...]
The 10 Best Countries to Enforce a Contract. And the 10 Worst.
The World Bank’s Doing Business division, just published a fascinating report on the ease (or difficulty) of enforcing contracts around the world. As a result of the global financial crisis, it really comes as no surprise that business are more concerned than ever about recovering losses fast. Contract Enforcement Actions Up Sharply In the past two years, more disputes … [Read more...]