On the heels of this post I wrote last month about the importance of how an arbitration clause is drafted, especially in the international context, I’m happy to report my colleagues recently defeated a motion to compel arbitration based on an incomplete provision. The Arbitration Provision in Question Our client (plaintiff) entered into a contract
We're thrilled to share that we recently achieved a favorable settlement with the U.S. Attorney’s Office for the district of Alaska in an Administrative Procedure Act (APA) claim against the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Homeland Security (DHS) for one of my law firm's employment-based immigration clients. USCIS had
If you've paid any attention at all to news about Web3, the metaverse, non-fungible tokens (NFTs), or cryptocurrency, you've probably heard of smart contracts. You're also probably intrigued by how they work from a legal perspective and what they could mean for the future of your business. Smart contracts are a foundational element of Web3,
I had the pleasure of attending this year’s California International Arbitration Week, which is a great conference that presents and discusses recent trends and lessons learned in the context of international arbitration. While much of the content was geared towards attorneys and how we can better facilitate resolution via arbitration, there were several prominent points
The financial barriers to starting a cargo shipping business are significant and every level of operation requires a significant amount of capital investment. Even assuming you can afford to purchase a seaworthy vessel, entry into the industry is complex due in large part to the varying stakeholders whose functions are essential to operations. For those
A key question any person or company contemplating litigation in the United States needs to ask themselves is whether the potential judgment is worth the cost of getting it. Filing and pursuing a lawsuit in the United States is lengthy and expensive. And though the law provides protections against fraudulent transfers, there is always the
Both our domestic and foreign clients understandably wish to avoid full-blown litigation in certain cases, especially when the facts are messy, or the relationships are complicated. One successful option we have guided our clients through is the receivership. This is especially useful in the context of partnerships gone bad – if you have a business
The need for litigation rarely arises slowly. Typically, we receive calls from our international clients after they have spent some time trying to work through a dispute on their own, but the other side has now done something egregious or that requires immediate intervention. In the U.S., there is a mechanism that may aid in
Filing a lawsuit in the United States can feel daunting, and one of the earliest decisions you will need to make is where to sue. While there are cases that can only be filed in state court (i.e., when all parties are domiciled in one state) and others that can only be filed in federal
In this post, I will discuss executory contracts and ipso facto clauses. These are both important basic concepts for bankruptcy proceedings, especially Chapter 11 proceedings (commonly known as a “reorganization” as opposed to a “liquidation” under Chapter 7). 1. Executory Contracts Though the name may sound daunting, an executory contract is simply a contract that
