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...]
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...]
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...]
Can the Location of a Computer Server Be enough to Confer Jurisdiction over International Defendants? Yes. Maybe.
In any international dispute our firm takes on, the first level of analysis will almost always center on the location of the parties and where the dispute arose. If there is no jurisdictional basis for a lawsuit in the U.S., then-- if you’re on the plaintiff side-- the case is referred out to our network of international lawyers. If we’re defending you, then there’s a good … [Read more...]
The International Litigation Playbook: 10 Winning Strategies for Tackling International Opponents.
It's been well over three years since we launched the International Law Advisor. Over the years, we've amassed a high volume of content aimed at international legal practitioners and business owners. We were recently approached by a highly regarded publisher to publish a book on a topic that our readers have been most interested in. By and large, the one topic that … [Read more...]
5 Key Points Every Chinese Investor in the U.S. Must Know.
In the past year or so I've been working with a Chinese industrial manufacturing company looking to tap into the U.S. market. In just a few years, the company has wildly exceeded its expectations. The company’s success can be attributed to zealous commitment to learning. By this, I mean that the company understood that it had to abandon deeply entrenched legal and cultural … [Read more...]