As an international litigation attorney, one of the biggest challenges I face occurs even before litigation begins, i.e. serving process on a foreign defendant. Whether I proceed under the Hague Convention or letters rogatory, the process can be frustrating even for seasoned practitioners. I mention this because I just read of a fascinating development in the United Kingdom … [Read more...]
Tweet Locally, Get Sued Globally. Twitter and International Jurisdiction.
As the past several years have borne out, the power for Twitter to transform international events is astonishing, as Forbe’s Jeff Bercovivi recently reminded us: "In 2009, Twitter inspired protesters in Moldova to demand political power. In 2010, the microblogging service channeled food, medical supplies and hope to the desperate victims of the earthquake in Haiti. Last year, … [Read more...]
Enforcement of Foreign Judgments. The Basics.
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. Exports Get Huge Boost with Passage of Free Trade Agreements. Finally.
As reported all over the media today, the U.S. Congress cleared free-trade agreements with South Korea, Colombia and Panama, bringing an end to years of stalemate. The Agreements, the biggest trade deals since 1994, promise to result in the export of billions of dollars of U.S. goods and boost hundreds of thousands of American jobs. Whichever side of the political fence you … [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...]
Success in China is Built on Relationships. Just Ask General Motors.
A few weeks ago, I received a call from a prospective client, Mr. X, looking to expand his business and enter the China market. He wanted to know how best to go about forming this new venture. It was obvious he had done his research. Mr. X discussed whether it was best to form a Wholly Foreign Owned Entity (WFOE), Representative Office (RO), Joint Venture (JV) or other … [Read more...]
Supreme Court Limits "Stream of Commerce" Jurisdiction Against Foreign Manufacturers.
Given the globalization of the world economy in the past several decades, there was a huge upswing in the number of products liability lawsuits filed in the U.S. against foreign manufacturers. These foreign defendants were generally subjected to the jurisdiction of U.S. courts under the “stream of commerce” theory articulated in the seminal case Asahi Metal industry. This … [Read more...]
Registering Your Patent in International Markets. Not Always Easy.
Earlier this week I received a call from a prospective client looking to register his intellectual property in several international markets. His call was prompted by a post I wrote several months ago, How Do I Register My Patent, Trademark or Copyright in a Foreign Country? In the post, I presented a general overview of registering your intellectual property overseas. While … [Read more...]