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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,”
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
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
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
As the country with the world’s largest economy, the United States offers some of the best business opportunities in the world. However, the US legal system can also pose complex regulatory hurdles for foreign enterprises. Navigating these legal intricacies is crucial for foreign companies seeking to minimize risk and operate successfully in the expansive US commercial
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,
Things have been eerily quiet in the Phoenix bankruptcy market since the end of the Great Recession. In the past, the economy seemed to run in cycles of 6 to 7 years of prosperity, followed by a downturn. Though the Great Recession officially ended in 2009, the effects were felt for at least a few
United States Litigation Guide This United States litigation guide is intended to help foreign companies that do business in or with the United States to navigate U.S. litigation. Commercial lawsuits typically stem from disputes between people or businesses. These lawsuits generally proceed through distinct phases: pleadings, discovery, trial, and possibly an appeal. However, parties can
