I recently represented an overseas client who sued a U.S. party based on a transaction that took place overseas. The transaction centered on several key affidavits, powers of attorney and attestations that we would need to use in U.S. litigation. Traditionally, for such documents to be made admissible in U.S. courts, the documents must have been … [Read more...]
How to Protect Your Intellectual Property and Avoid Outsourcing Pitfalls
Define. Scrutinize. Monitor. About 11 years ago my firm was retained by a large computer company to file a claim against an Original Equipment Manufacturer (OEM) based in Taiwan for theft of trade secrets. Our client had retained the OEM to manufacture what was then the first “all-in-one” motherboard. I’ll spare you the technical details but this … [Read more...]
Doing Business in Japan Teleconference. $768.8 Billion Reasons to Attend
The International Law Prof Blog has passed along details about an upcoming teleconference, “Doing Business with Japan,” sponsored by the American Bar Association Section of International Law. The conference could not come at a better time. Businessweek’s Daniel Kruger reported this week that Japan has overtaken China as the largest foreign holder of … [Read more...]
The Ultimate Hidden Fee: U.S. Based Multinational Companies Face $122 Billion Tax Burden Under Proposed Bill
And Why Relocating to Switzerland May be the Best Corporate Strategy There’s nothing more annoying than finding hidden fees buried deep inside obtuse and mangled contract language. The only thing worse than finding hidden fees is learning about these punishing provisions from someone else—after you’ve signed the agreement. If you thought hidden fees … [Read more...]
7 Ways to Bulletproof Your International Arbitration Agreement
As an international business attorney, a focal point of my practice involves advising clients how to best handle cross-border disputes. The most effective mechanism by far in resolving international dispute is international arbitration. Why? International arbitration levels the playing field by taking away the home court advantage of parties on either side of a … [Read more...]
Another Win for Anti-Suit Injunctions and the Integrity of Arbitral Awards
Only 2 weeks into 2010 and I’m seeing a lot of positive movement on the street. The international markets are roaring back to life. Deal makers are picking up the phone again. And lawyers are being hired to put these deals together. Based on this snapshot view, I expect to see international transactions skyrocket as investor confidence and flexible credit terms … [Read more...]
From Startup to Global Domination in 60 Snuggies or Less (or What the Snuggie Can Teach You About Going Global)
The Snuggie was a huge hit in England over Christmas. The product, which was conceived and developed by New York-based Allstar Products Group, LLC, has also been a huge hit in Canada and Australia. For those unfamiliar with the product, the Snuggie is essentially a backwards robe that one wears to keep warm. By leveraging its success in these markets, this latest … [Read more...]
How to Secure Payment from Your Overseas Customers with Letters of Credit
For any business with global reach, collecting payment from overseas customers can be a real headache. Laura Delany offers sound advice on the Small Business Trends Blog on how to get paid on international transactions. While the article also deals with advance payment and payment online, I’ll focus on the letters of credit portion here because that’s what my … [Read more...]
How European Union Anti-Trust Laws Impact the World Cup.
Nothing is more interesting than the intersection of international business law and sports. Add Charlize Theron into the mix and things get, well, even more interesting. Over the weekend, Ms. Theron, representing the host country South Africa, announced the draw for World Cup 2010, the biggest sporting event on the planet. If you haven’t already, you can read all … [Read more...]
Lisbon Treaty Will have No Effect on Business in the European Union—-For Now
I received several calls today from clients doing business in the EU about the Lisbon Treaty and what it means for their European business operations. In the short term—absolutely nothing. The Lisbon Treaty is essentially just a clarification and simplification of previous European treaties into one single document. In the long term, however, the Treaty is a boon for … [Read more...]