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
Ongoing economic turmoil makes now the right time to discuss U.S. bankruptcies and preference actions. In the United States and much of the world, inflation is running out of control and there are asset bubbles everywhere you look – housing, real estate in general, used and new cars, and so on. Between the war in
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,
The past two weeks have seen a flurry of proposed regulatory activity in cryptocurrency. Governments around the world are making a sustained push for regulation similar in form and scope to regulations in more traditional financial markets. Many are now wondering who will regulate my crypto, and how do they plan to regulate it? Who
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
Every disaster – and at this point I think we can number the COVID-19 pandemic of 2020-202X among them – produces “winners”, people and companies who benefit. Just over 10 years ago I was living in Japan when a devastating earthquake and resultant tsunami killed nearly 20,000 people, with another 2,500 missing and presumed dead.
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
It is not uncommon to receive a call from a prospective client requesting assistance when they are owed money from a company that has just filed bankruptcy. While there are many factors to evaluate, one of the core issues is how to make a claim in bankruptcy. Whether you are owed $1 or $1,000,000,000, the
