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...]
What Psychology Can Teach You About Global Outsourcing.
Just yesterday I received a call from a businessman looking to outsource a good part of his company’s assembly operation to another country. While I would prefer that the company keep its operations division close to home, I understand the realities of today’s global market. In a world where a company’s success hinges on the slimmest of margins, every penny that a business … [Read more...]
International Litigation Costs: A Comparative Study.
As readers of this blog know, I’m a big advocate for the arbitration of international disputes. However, the fact remains that a great deal of cross-border disputes result in costly international litigation. I see that a lot here in Miami, where our firm’s international practice based. There are literally hundreds of lawsuits filed here that could have easily been resolved … [Read more...]
International Arbitration in Miami is on the Rise. Here’s Why.
Whenever someone learns that our law firm (based in Miami) is currently handling a major international arbitration matter against the Kyrgyz Republic at the Hague, they almost always ask "why is a complex case like that being handled in Miami?" The answer is straightforward. Over the last decade Miami has become one of the primary players on the international … [Read more...]
Brazil Joins the Convention on Contracts for the International Sale of Goods (CISG). It's About Time.
It's almost everyday now that I get an email or phone call from a Brazilian investor looking to do business in the U.S. (usually in Miami) or a U.S. investor looking to do business in Brazil. It's not exactly a surprise given the enormous trade numbers the two countries are putting up---$100 Billion in 2011 alone. Presently, the rules for entering into an international sales … [Read more...]
How to Terminate Your International Employees: An Overview.
Several weeks ago I received a call from the legal department of a U.S. company with operations in Asia. The company was looking to downsize its operations in the region and was unsure of its obligations in terminating this group of employees. The caller was right to be concerned. While terminating an individual employee here in the U.S. can be fraught with legal … [Read more...]
The One Thing to Remember on Your Next International Business Trip.
I received an email from a client several weeks ago who was getting ready to travel overseas to meet with his new business partners on a major international distribution deal. Because the client had never been to this part of the world, he was concerned that he would inadvertently “commit some cultural faux paus” and do something that would potentially blow the deal. I … [Read more...]
Worried About Your Global Supply Chain? Then You Must Check Out Create.org.
For any company concerned about the integrity of their global supply network, there's a great post over at the venerable China Law Blog by Dan Harris. The post, Improving The Global Supply Chain: Create.Org highlights Create.org, “a non-profit organization dedicated to helping companies and their suppliers and business partners reduce counterfeiting, piracy, trade secret theft … [Read more...]