As an international attorney based in Miami, I field lots of questions from both foreign and domestic companies looking to hire foreign workers for skilled positions available in our region. And that’s hardly a surprise-- there are hundreds of foreign based multinational companies operating in our region including Embraer, Telefonica, Bacardi and Komatsu. The primary … [Read more...]
Investment Treaty Arbitration. The Basics.
Our firm is currently handling a high stakes investment arbitration claim against a former Soviet republic. In a nutshell, our client's investment was unlawfully taken in the days after revolutionary forces took control of the government and established a new regime. The arbitration is currently underway pursuant to the investment treaty in force between the U.S. and the … [Read more...]
How to Import Profits Through Exports. A Primer.
There’s never been a better time to boost profits through exports. With the economy gaining traction, there’s been a marked increase in the number of U.S. companies looking to capture international markets through export sales. After all, there are billions of potential customers out there. Just yesterday I received a call from a Miami, Florid- based manufacturer wanting … [Read more...]
3 Compelling Reasons to Read the International Law Quarterly.
The 2012 issue of the Florida Bar international Law Section’s International Law Quarterly was released today. For nearly three decades, the International Law Quarterly has been recognized as one of the world’s leading journals covering all areas of international law. The current issue, edited by Hogan Lovells partner Alvin Lindsay, builds on this legacy with an extraordinary … [Read more...]
Top 3 Ways to Minimize Costs in International Litigation.
Business litigation can be expensive, dauntingly complex and fraught with procedural hurdles. Overwhelmingly, it’s the cost of litigation that haunts U.S. corporations more than anything. According to a recent survey, less than 40 percent of U.S. corporate counsel are unable to predetermine the costs of managing business disputes. And that’s hardly a surprise. It’s difficult … [Read more...]
The International Reach of U.S. Employment Laws. A Primer.
In recent months, I’ve represented several U.S. companies concerning their international employment practices. While I am being purposefully vague as to the details, it’s safe to say that employment- related liability for U.S. companies operating overseas is on the rise. I think part of this can be attributed to the fact that more U.S. companies are, for the first time, … [Read more...]
Video Interview: Discussing Kiobel v. British Dutch Petroleum with LXBN TV
Earlier today I had the opportunity to sit down with Colin O'Keefe of LXBN TV to discuss the recent changes in Kiobel v. British Dutch Petroleum Co., the Supreme Court case I wrote about last week. What came in as a case primarily about corporate "personhood" has now swung dramatically, as the Supreme Court now aims to determine whether or not the Alien Tort Claims Act can even … [Read more...]
How to Draft an International Franchise Agreement. The Basics.
I’m seeing a big increase in the number of international franchise agreements being reached here in Miami. I suspect it’s the same for other parts of the country. Given the recent stream of positive economic news, it’s not much of a surprise. As economies all over the world bounce back from the global financial crisis, U.S. companies are looking overseas to capture new … [Read more...]
10 Must Have Provisions for Your International Licensing Agreement. Wait, Make that 11.
One of the primary uses of international intellectual property rights is a license of those rights as part of one of the many types of technology driven business relationships that a company may enter into as it deals with foreign partners. What is a Licensing Agreement? So what exactly is a licensing agreement anyway? In basic terms, a licensing agreement is a contractual … [Read more...]
Corporate Liability Goes Before U.S Supreme Court. Troubling Paradox May Result.
Several weeks ago, I presented a webinar for the Florida Bar’s International Law Section Webinar Series titled 5 Ways Corporations Can Avoid International Liability. One of the five areas I focused on was corporate liability under the Alien Tort Claims Act (ATCA). It seems the timing could not have been better, as the U.S. Supreme Court is set to hear oral arguments on Tuesday … [Read more...]