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With the SEC v. Ripple decision emerging recently, many commentators (see here and here) have focused on the holding of the case, which is the correct place to start. This post focuses on the holding, plus additional matters discussed in the decision and additional insights gleaned from the rest of the decision. Foundational Facts of
Introduction In today's global marketplace, businesses face numerous challenges when it comes to protecting their trademarks on an international scale. Trademark infringement litigation is an option when a person or business is infringing your trademark rights in another country. These cases involving international dimensions can be complex, encompassing jurisdictional issues, cross-border enforcement, and a secondary
Introduction Per Investopedia, foreign direct investment occurs Foreign direct investment occurs when an individual or a company acquires "an ownership stake in a foreign company or project made by an investor, company, or government from another country. Post-pandemic, foreign direct investment is again on a growth track, and as with other trending industries or growth
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
As a final summary post on this year’s California International Arbitration Week, today we’ll be covering mediation and how to make most of the mediation process. Mediation and settlement was a big focus of the conference. One speaker notably stated he believed every dispute, no matter the industry or dollar value, should settle before going
As a secondary summary of what was emphasized during this year’s California International Arbitration Week, today’s post will cover why there seems to be growing consensus that arbitration is the superior choice of all dispute resolution options – and especially in the international context. The arbitration can be tailored to the parties’ specific issues and
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
A significant part of my law firm's international litigation practice is helping domestic and foreign clients enforce judgments they’ve successfully obtained. For foreign clients, the American process of judgment enforcement and collection law can be complex and confusing because the process is governed by specific statutory law. 1. The Relevant Vocabulary To begin, here is
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
