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...]
Yes, Your Foreign Company Can File for U.S. Chapter 11 Bankruptcy Protection.
Several months ago, I handled a matter on behalf of a foreign company that filed for Chapter 11 bankruptcy protection here in the U.S. When I explained the general details of this case to a seasoned bankruptcy attorney, whom I had run into at legal seminar, I was surprised that he didn't think it was possible for a foreign company to do so. I went on to tell them that not … [Read more...]
How Lawyers (And Lawsuits) Drive Our Economy.
The first thing we’ll do, let’s kill all the lawyers.” This famous quote from Shakespeare’s Henry IV has become a rallying cry, of sorts, for those who bash the legal profession. What they forget, however, is the context of the statement. In fact, the reason the lawyers must be killed is not to cure political corruption, nuisance lawsuits and the various other malfeasant … [Read more...]
Concordia Lawsuits Kicked Back to Miami-Dade Court Following Carnival Corp’s Boneheaded Defense Strategy.
My second choice for the title of this post was “Hey Carnival Corp. Defense Team-- What in the World Were You Thinking?” This case is a classic example of what not to do as a defense attorney—remove a claim to federal court based on a sophisticated area of law you know nothing about. As the Carnival removal action illustrates, don’t take your chances on this … [Read more...]