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
When I was starting my career as a lawyer in the early 2000s, alternative dispute resolution (ADR) became very popular. ADR includes mediation and arbitration. During that time in my career, I was working mostly on transactional matters and some of the senior lawyers told me it could be legal malpractice not to at least
The U.S. Department of Justice (DOJ) on recently filed a civil suit to force Stephen A. Wynn to register under the Foreign Agents Registration Act (FARA) as a foreign agent working for the People's Republic of China (PRC). The DOJ claims that in 2017, Wynn, former chief executive of Wynn Resorts, leveraged his relationship with
Arbitration is often the preferred, if not contractually required, forum for resolving business disputes. This is primarily because of arbitration's perceived efficiencies in cost and time-to-resolution as compared to litigation in U.S. state or federal courts. Federal law has embraced arbitration through the Federal Arbitration Act (“FAA”), which, as interpreted by the U.S. Supreme Court,
1. Mexico Employment Law Basics With China risks increasing and decoupling from China accelerating, Mexico is poised to take on an even greater role in the ongoing global supply chain rearrangement. Companies that are relocating some or all of their production to Mexico need to be aware of what is legally required to hire local
Over the years, "Alternative Dispute Resolution” (ADR) has become more and more prevelant in both contract drafting as well as litigation. Far from being an “alternative,” most disputes at some point will involve some degree of ADR, whether required by contract, by the courts, or driven by the costs of litigation. Despite the name “alternative,”
Recently we have been drafting and reviewing NFT (non-fungible token)-related contracts for our clients. Some of our projects involved operating agreements for NFT companies and their owners. Others involved contracts for NFT companies with their investors or consultants. And because NFTs are intellectual property, we have also been involved in registering trademarks and preparing agreements
