Acquiring a purely domestic U.S. company is relatively straightforward. Things get complicated when the target is a U.S. multinational company. One of the deals we’re working on in my office concerns just that. I was speaking to in-house counsel about the transaction and thought it would make for a great post someday. Then I came across an … [Read more...]
Are Worldwide Freezing Orders Really Enforceable Worldwide?
I recently did an interview with Russia’s top news agency, RIA Novosti on Worldwide Freezing Orders (WFO). The interview was conducted by RIA correspondent Carl Shecker. The interview was for the article In Global Tussle, Russia and Émigré US Socialite Battle for Fortune. As Carl puts it, the story centers on “a byzantine Russian corruption scandal intertwined with the opaque … [Read more...]
11 Ways to Avoid Getting Kidnapped While on Business Overseas.
A special guest post by Global Security Consultant and Political Risk Expert, Paul Crespo. Getting kidnapped while traveling internationally is a real and present danger. Kidnap for ransom, versus kidnapping for political goals, is a fast-growing worldwide industry. The majority of these kidnappings are purely for financial gain and are seen simply as business … [Read more...]
Political Risk Insurance: Why Your International Business Must Have It.
A special interview with Global Security Consultant and Political Risk Expert, Paul Crespo This is the first in a series of posts dealing with global security and risk management. While companies doing business internationally generally protect themselves against numerous risks, political risk is often ignored or accepted as fate. While there are many ways to manage and … [Read more...]
Top 25 Cities for International Trade.
The latest issue of Global Trade Magazine ranks the Top 25 Cities for International Trade. The ranking is based on the largest export volume increase in 2011. This approach is different than the International Administration's Top 50 ranking, which is largely the same every year. Houston and New York topped the list with a combined increase of $44 billion. That's leaps and … [Read more...]
Are You a Clueless In-House Counsel When it Comes to International Litigation?
Earlier this week I had a discussion with the general counsel of a mid-size company. He was going on and on about how his in-house attorneys secured a huge U.S. court judgment against a foreign company. I simply smiled and thought to myself, this person does not have a clue about the rough road ahead. You see, securing a U.S. court judgment against a foreign company is … [Read more...]
How to Draft a Non-Circumvention, Non-Disclosure Agreement (NCNDA) for Your International Business Venture.
With all the international business ventures our firm is handling, it’s no surprise that we are frequently asked to draft a Non-Circumvention and Non-Disclsoure Agreement (NCNDA). An NCNDA is used when a business needs to keep intellectual property and other confidential information secure in the early stages of a business venture arranged by brokers or intermediaries. The … [Read more...]
International Money Laundering. How to Make Sure Your International Business Stays Clean (Infographic)
Our firm is currently assisting in the prosecution of an international white collar crime matter. The allegations read like a James Bond novel and are so outlandish that film rights are being discussed. Like I said, this is interesting stuff. The thrust of the case centers on an international financial institution that uncovered a would-be depositor's scheme to launder … [Read more...]
Yes, You Must Disclose All International Property Holdings When Filing for Bankruptcy in the U.S.
I recently came across a situation where someone unwisely sought the advice of one of those late night television bankruptcy attorneys offering the deal of the century. You know the one. Well, unfortunately certain foreign property holdings were not disclosed and the court came very close to denying the debtor’s bankruptcy petition. In a very similar case, the court held the … [Read more...]
Why “10 + 2” Does Not Always Equal 12: What You Need to Know About the U.S. Importer Security Filing Rule.
Last month I received an email from a potential foreign client regarding the Importer Security Filing (ISF) Rule, known in the international shipping industry as the “10+2” Rule. Specifically, this person wanted to know what the penalties were for failing to comply with the rule’s filing requirements. I’m not sure whether it was a coincidence or whether the writer knew that … [Read more...]