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...]
What Multinational Corporations Need to Know About New Anti-Corruption Rules in the UK and China.
Several months ago, I received a call from the general counsel of a multinational corporation concerned about new anti-corruption laws that are now part of the international business law landscape. He was particularly concerned with the recently enacted UK Bribery Act, which he characterized as the FCPA “on steroids.” While the UK’s Bribery Act certainly has quite a bite, I … [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 Become an International Dispute Resolution Rockstar.
International business law is fascinating. Unlike the U.S. where the laws of each state are relatively uniform, the laws of the world’s 196 countries vary dramatically. Because of this dynamic, there is no end to the complex and challenging issues that come up every day in our law firm. Different Countries. Different Issues. One day we’ll analyze investment issues arising … [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...]
How Do I Register My Patent, Trademark or Copyright in a Foreign Country?
Earlier this week, the World Intellectual Property Organization (WIPO) received its two-millionth international patent application. The filing – from technology corporation Qualcomm – was made under the Patent Cooperation Treaty (PCT). The PCT is the WIPO-managed mechanism for filing patents in multiple countries with one set of documents. The PCT is just one of several … [Read more...]
Just a Click Away–The Largest Online Collection of International Business Laws & Regulations.
It can be frustrating for entrepreneurs, business people and investors to find laws all over the word. Fortunately, the World Bank’s Doing Business division provides free access to the world’s largest online collection of business laws and regulations. Simply select the countries and laws you are interested in and you’re all set! While the collection is updated … [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...]