I have a fair number of cases in federal court at the moment. One of my clients recently asked me if their federal court case would make it to trial. While I knew that few cases these days—whether fedearl or state court—make it to trial, a recent story in the National Law Journal quantifies just how rare federal trials have become: In 1962, 11.5% of federal … [Read more...]
Extraterritorial Reach of U.S. Securities Laws: Debate Revived with Enactment of Dodd-Frank Wall Street Reform Act.
Another great article in the Harvard law School Forum of Corporate Governance and Financial Regulation. Contributor George Conway’s post, Extraterritoriality After Dodd-Frank, explains why now is a great time for “interested parties—such as the many amici curiae, foreign governments, who so emphatically urged the Supreme Court to reject … [Read more...]
In the Pursuit of Justice Against Global Corporations. Many Factors to Consider.
Last week our firm filed a lawsuit against Ernst & Young for the fraudulent actions of one of its predecessor firms. Although the dispute is domestic, it is based on conduct that occurred overseas in the Philippines. The suit is similar to many others that are filed against global enterprises that boast of having a geographic presence in virtually every corner of the … [Read more...]
International Litigation: Could BP Be Sued in a U.S. Court by Foreigners Harmed by the Gulf Oil Spill?
Being an international litigation attorney based out of Miami, I see a great deal of lawsuits filed by foreign plaintiffs here in the U.S. District Court for the Southern District of Florida. By virtue of its close proximity to Latin America and the Caribbean, Miami is one of the busiest places in the country for foreigners to file lawsuits against multinational … [Read more...]
International Litigation: Why Isn't the BP Oil Spill an International Matter if it Occurred in International Waters?
As an international litigation attorney, I’m frequently contacted to advise or comment on international business disputes that are of great interest to the media. Why isn't the BP Oil Spill an International Matter? On several occasions in the past few weeks, I’ve been asked the same question: Why is the BP oil disaster a U.S. domestic matter when the spill … [Read more...]
How to Avoid International Disputes: First, Be Good to Your Suppliers.
At a round table there is no dispute about place –Italian Proverb Every company, whether in the product or service business, depends on its suppliers. In today’s highly globalized business environment, it is likely that at least one of these suppliers is located overseas. While reducing costs is the main motivator for companies to source value chain components … [Read more...]
International Basics: What's the Difference Between Common Law and Civil Law?
As an international business attorney, it’s not unusual for a client to ask me what the difference is between civil law and common law. It’s always a great question and lets me know that they’re engaged and invested in the legal process. This is so whether I’m dealing with a transaction or a dispute. It’s a great question because … [Read more...]
International Litigation:The Evolution of Forum Shopping in U.S. Courts
“As a moth is drawn to the light, so is a litigant drawn to the United States.” -- Lord Denning Was Lord Denning right? Last month the U.S. Supreme Court heard oral argument in Morrison v. National Australia Bank on the issue of whether a foreign plaintiff could use U.S. courts to file international securities class actions. This has to be one of the most interesting … [Read more...]
International Litigation: How to File a Lawsuit Against a Foreign Investment Advisor
I was recently contacted by a client who lost several million US dollars due to negligent investment advice. Because the firm is based overseas, the client did not know what to do. Unfortunately, this scenario has become all too common in the wake of the global financial crisis. Whether your claim is against an institution based in the U.S., the EU or elsewhere, you have a … [Read more...]
Switzerland and United States Reach Landmark Agreement in UBS Tax Case
Swiss Parliament Must Still Approve Amended Protocol The CBS news magazine 60 Minutes featured a story on January 3, 2010 concerning the tax controversy between Switzerland and the United States over Switzerland's secretive banking industry. At the time, it appeared there would be no end in sight to the impasse. 60 Minutes: A Crack in the Swiss Vault Yesterday, however, … [Read more...]