As an international attorney based in Miami, it is common for me to represent or be challenged by a foreign party in litigation. The cases are typically disputes over commercial transactions or business ventures that, for one reason or another, did not work out as the parties expected. When one of these cases finally makes it to trial, jurors are asked to … [Read more...]
International Litigation and Arbitration Featured in the Florida Bar's International Law Quarterly .
The winter edition of the Florida Bar’s International Law Quarterly (ILQ) is out. The ILQ is quickly becoming required reading for any international lawyer. While the last issue focused on China, the focus of the latest edition is international litigation and arbitration. As Editor-in-Chief Alvin F. Lindsay points out, the geographical diversity of the … [Read more...]
I've Got a Foreign Money Judgment–Will it Be Recognized in Florida (or any other U.S. State)?
As an international business attorney based out of Miami, Florida, it’s not unusual for me to get a call on how to enforce a foreign judgment in Florida. Fortunately, for anyone with a foreign judgment looking to enforce it in Florida, Florida has adopted the Uniform Out-of-Country Foreign Money Judgment Act. Most other states have adopted the Act in one form or another. … [Read more...]
Your Client Has Been Sued in the United States– Now What?
The Florida Bar held its 9th Annual International Litigation and Arbitration conference in Miami, Florida several weeks ago. As Program Chair of the Conference, I had the privilege to sit in on some great panels. The panel called “Your Client Has been Sued in the U.S.—Now What?” was particularly interesting. As its name suggests, the panel … [Read more...]
9th Annual International Litigation and Arbitration Conference. Another Great Reason to Visit Florida Next Month.
Registration is now open for the 9th Annual International Litigation and Arbitration Conference (the ILAC) to be held on Friday, February 4, 2011, at the beautiful Westin Diplomat Hotel Resort in Hollywood, Florida. Don’t miss out on this phenomenal gathering of legal experts from around the globe as they discuss and present on the latest topics in international … [Read more...]
So You Want to Select a Foreign Business Partner? Be Sure to Follow These 3 Matchmaking Tips.
As an attorney based in a cross-roads city like Miami, I see all kinds of international business relationships turn sour and erupt into full-fledged wars. It’s unfortunate because many of these disputes could have been avoided. I mention this because over at the international arbitration blog, there’s a great post on how best to avoid international business … [Read more...]
Foreign Plaintffs–You're Out of Luck Again: Second Circuit holds that RICO Statute Does Not Apply Extraterritorially.
Owen C. Pell over at White & Case has reported on the first decision by a circuit court applying the Supreme Court’s ruling in Morrison v. National Australia Bank beyond federal securities laws. In Norex Petroleum Ltd. v. Access Indus., Inc., et al., the U.S. Second Circuit Court of Appeals affirmed the dismissal of a case "which primarily involves foreign … [Read more...]
Corruption in Legal Systems Persist Around the World. And Will Continue.
Ashby Jones of the Wall Street Journal’s Law Blog, just published an article on the findings of a major global survey on corruption released today at the 2010 International Bar Association (IBA) Annual Conference in Vancouver, Canada. While it comes as no surprise that corruption persists in many jurisdictions around the world, many in the legal profession are … [Read more...]
Could a U.S. Court Exercise Jurisdiction Over a Foreign Manufacturer with a Strong Social Media Presence?
The Supreme Court Set to Revisit Personal Jurisdiction for the First Time Since the 1980s. If you’re a foreign manufacturer and have a Facebook page, Twitter account, blog or otherwise have a social media presence in the U.S., you might want to pay close attention to the Supreme Court’s upcoming 2010-2011 term, which kicks off on Monday. For the first … [Read more...]
SEC Files International Gold Fraud Case in Miami. Beware the Golden Opportuntiy.
As an attorney based in Miami, I see a lot of international fraud cases filed in Miami. But lately I'm seeing a lot of cases related to what can best be described as gold fraud. Of course, with the price of gold in record territory, this is not exactly a surprise. Just today, the Securities & Exchange Commission filed a fraud cases against Quri Resources, Inc., … [Read more...]