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Disputes with Chinese companies are becoming increasingly common, yet they are not becoming any easier to resolve. Mainland Chinese courts do not enforce U.S. judgments. Therefore, it is usually (but not always) a waste of time to bring a lawsuit in a U.S. court against a Chinese company that does not have assets in either
In my work as an attorney representing mostly Western companies in emerging markets, I have concluded there are four essential elements to emerging market success: a good partner, an open mind, active participation, and extreme patience. I have seen enough essential similarities between such diverse countries as Russia, Korea (back when it was still an
This post is on the recognition of foreign judgments in United States Courts. More particularly, it is on the law U.S. courts look to when deciding whether to enforce a foreign court judgment, the foreign judgments they will enforce, and the procedures they use to determine whether to enforce. Winning a foreign lawsuit is one
1. Human Rights is Your Business In an interview last week on CNBC, billionaire investor Ray Dalio was asked how he reconciles China’s human rights record, including the recent disappearances of high-profile citizens such as Alibaba founder Jack Ma and former Grand Slam tennis champion Peng Shuai, with investing in the country. Dalio replied, “I can’t
Are you considering forming or investing in a Decentralized Autonomous Organization (known in the cryptocurrency world as a “DAO”)? The purpose of this post is to consider DAOs in the broader context of cryptocurrency investment and the paradox around corporate form created by their very existence. I will also propose some domestic and international entity
Every week we talk with international companies that are trying to bring their product or service to the U.S. market. The #1 question I get is: In which U.S. state should we set up our operations? I always respond like this: the answer to this question depends on your goals for your business. Then I
My law firm is frequently contacted by U.S. lawyers with judgments they are seeking to enforce overseas. The lawyer is seeking our assistance to enforce its U.S. court judgment against a foreign company that did business with the lawyer’s U.S.-based client. The procedural history is nearly always the same. The litigator served the defendant and,
When I am speaking with international companies looking to do business in a foreign country (which sometimes means the United States), I like to start with their business plan. Most companies develop their business plans long before they decide to check with their lawyer to see where they might run into issues. They understand their
