I worked on an international securities matter a few years ago and had to travel to Hong Kong to meet with a client. While I was there, I bought a dusty old book of Chinese proverbs . I had long forgotten about it until I stumbled across it several months ago. I recently sat down and selected the ones that resonated with me the most and came up with a few … [Read more...]
International Basics: What's the Difference Between Common Law and Civil Law?
As an international business attorney, it’s not unusual for a client to ask me what the difference is between civil law and common law. It’s always a great question and lets me know that they’re engaged and invested in the legal process. This is so whether I’m dealing with a transaction or a dispute. It’s a great question because … [Read more...]
International Litigation:The Evolution of Forum Shopping in U.S. Courts
“As a moth is drawn to the light, so is a litigant drawn to the United States.” -- Lord Denning Was Lord Denning right? Last month the U.S. Supreme Court heard oral argument in Morrison v. National Australia Bank on the issue of whether a foreign plaintiff could use U.S. courts to file international securities class actions. This has to be one of the most interesting … [Read more...]
International Trademarks: How to Adopt a Global IP Protection Strategy
A recently published interview with Bacardi IP lawyer François Griesmar offers some useful, strategic advice for in-house trademark counsel. Thanks to World Trademark Review for posting the interview. Griesmar argues that corporate legal departments must continue to make a strong case for the enforcement of intellectual property. He continues by saying: It is difficult … [Read more...]
International Transactions: How to Do Business in Brazil.
I’m a huge soccer fan thanks to Brazilian great Pele, who introduced me to the game. So with the 2010 World Cup only a few months away, I was happy to read today that Brazil moved into the top spot in the FIFA World rankings . This puts Brazil in pole position to go into the 2010 World Cup in South Africa as the world's top-ranked team. But Brazil’s world … [Read more...]
International Arbitration: U.S. Supreme Court Says No to Class Arbitration in Stolt-Nielsen SA v. AnimalFeeds International
Regular readers of this blog (you know who you are) know that I have a soft spot for anything that has to do with international arbitration. This is one area of the law that both fascinates and perplexes. One minute you can be in New York applying Japanese law and the next minute you can be in Japan applying New York law. Throw a class action into the mix and things get … [Read more...]
How to Volcano-Proof Your Global Supply Contract with a Force Majeure Clause
The recent eruption of the Eyjafjallajoekull volcano in Iceland sent shock waves across the global supply chain as the vital networks that move people, goods, and services around the globe were either incapacitated or severely disrupted. Corporate in-house counsel and risk analysts were left to question whether the collapse of the air-freight segment of the global … [Read more...]
IMF Raises Growth Forecast for China and India. Global Recovery Faster Than Expected
In its latest World Economic Outlook, the IMF indicated that the global economy will grow faster than expected-- at 4.2% this year. China’s growth is forecast at 10% 2010, with India also at a rapid 8.8 %. Sub-Saharan Africa has weathered the crisis well and its recovery is expected to be stronger than in previous global downturns. In the depth of the crisis last … [Read more...]
How to Draft an LLC Operating Agreement for Your International Business Venture
At its annual World Economic Outlook press conference recently, the International Monetary Fund announced that global economic growth was expected to increase for the first time in several years. This great news has sparked a flurry of activity in the launching of new international business ventures. Perhaps the most common form of new business that I'm seeing is the Limit … [Read more...]
iPhone App for International Business Law: We've Got You Covered
We launched the International Business Law Advisor App several months ago and are thrilled with the overwhelming response. We'd like to thank our readers for getting the word out and providing us with your feedback. The App is yet another way we can add exceptional value to our readers utilizing cutting edge technology. In addition to keeping our readers up to … [Read more...]