As an international business attorney, all types of cases cross my desk. A good part of my practice involves international litigation. The cases range from simple breach of contract disputes to a complex trademark infringement proceedings. While both domestic and international lawsuits (where one or more parties are located in another country) look very similar, the … [Read more...]
Stranger Things in Venezuela: the Default Demogorgon
Having just wrapped up Season 2 of Stranger Things this week, I just couldn’t help draw the connection between the Mind Flayer and its army of Demogorgons wreaking havoc in Hawking, Indiana and Venezuelan President Nicolas Maduro and his finance ministers terrorizing global capital markets in Caracas, Venezuela. While the former makes for good entertainment, the latter makes … [Read more...]
Rum, Risk and Ruin: 13 Reasons Why You Still Shouldn’t Do Business in Cuba.
The removal of Cuba from the U.S. state sponsors of terrorism list this week sparked a groundswell of excitement among U.S. entrepreneurs, lawyers, and investors looking to profit from the “enormous opportunities” on the island. As part of the Florida Bar’s first-ever delegation to Havana, Cuba last week, I got the chance to see these “opportunities” for myself. Indeed, … [Read more...]
The Ultimate International Law Guide for U.S. Judges–And Attorneys!
Several months ago I argued a case that centered on the finer points of forum non conveniens. The issue comes-up regularly given the large number of international companies doing business here in Miami. While my adversary and I had a firm grasp of the issues involved, the judge wanted to take some additional time to review the case law cited in our briefs before making a … [Read more...]
4 Reasons Why a Lawsuit Over Flight MH17 Will Not Succeed in U.S. Courts.
"I opened the door and it was raining people. One fell in my vegetable patch" --Irina Tipunova, Rozsypne, Ukraine That horrific account captures only part of the tragedy that ended the lives of 298 passengers aboard Malaysia Flight MH17 last month. Several hundred feet from Ms. Tipunova’s home, dozens more ravaged bodies lay in the wheat fields where the airliner came … [Read more...]
4 Steps to Effectuate Service of Process Under the Inter-American Service Convention
Out of the hundreds of articles I’ve written for this blog, one of the most widely read has been 7 Steps to Effectuate International Service of Process under the Hague Service Convention. That’s hardly a surprise given the complex nature of international service of process in general. This post is a logical follow-up to that one because the Inter-American Service … [Read more...]
Enforcing a Contract in Latin America? Good Luck with That.
I got a call recently from a local manufacturer looking to sue a supplier in a Latin American country for breach of contract. Given Miami’s proximity to the region, I see these types of cases a lot. The first thing I’ll do is take a look at the case to confirm that jurisdiction would be proper in the U.S. And most of the time it is. However, when the jurisdictional … [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...]
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...]
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...]