Blog Blog
Attorney-Client Privilege in Cross-Border M&A: How Privilege Gets Lost During the Deal Last week we wrote about how attorney-client privilege can be lost in domestic M&A when brokers, consultants, and other non-legal advisors are pulled into legal communications. See Attorney-Client Privilege in M&A: How Brokers and Other Advisors Can Create Serious Risk. Cross-border deals contain
Attorney-Client Privilege in M&A: How Brokers and Other Advisors Can Create Serious Risk Today let’s talk about the attorney-client privilege, how important that safeguard is in M&A transactions, and how not to mess it up. Specifically, let’s discuss this scintillating topic in the context of working with brokers and other non-legal advisors over the course
The Gold Card Lawsuit and the Limits of Executive Immigration Power The federal lawsuit challenging the Gold Card immigration program brings legal structure to what had previously been an open policy question: how far the executive branch can go in reshaping employment-based immigration without Congress. The case, American Association of University Professors v. U.S. Department
When a Puerto Vallarta Retreat Collides With Cartel Reality: Can You Recover Your Deposit? Recent violence tied to the Jalisco New Generation Cartel has unsettled companies and families planning travel there. For years, Puerto Vallarta has been viewed as a controlled destination for executive retreats and high-end gatherings. When cartel-related violence in Jalisco dominates national
Named in a Lawsuit You Had Nothing to Do With? Getting Out Is Harder Than You Think. You open your email and see a complaint with your name in the caption. You never signed the contract. You never negotiated the deal. You barely knew it existed. Yet you are personally named in a breach of
What to Expect in a Business Mediation and How to Avoid Costly Mistakes This post started as an email. We were preparing to mediate a large cross-border litigation matter for a Vietnamese client. The case had many moving parts: complex international legal issues, multiple parties, and a lot at stake. I wrote a detailed briefing
Enforcing US Judgments in Spain: Recognition, Strategy, and Reality You won a final US money judgment against a Spanish defendant with assets in Spain. Now you want to get paid. Here is the reality: a US judgment does not enforce itself in Spain. To collect in Spain, you generally need a Spanish court to recognize
Choosing the Right U.S. Business Entity: LLC vs Corporation vs “I’ll Fix It Later” You have a strong business idea and you are ready to launch. One of the first, and most consequential, decisions you will make is which entity structure will support that business. Your entity choice shapes everything that follows: capital access, control,
EU Expansion and the EUTM: Will Your EU Trademark Automatically Cover New Member States? The European Union Trade Mark (EUTM) is one of the most efficient trademark tools available for companies doing business in Europe. Filed through the European Union Intellectual Property Office (EUIPO), a single EUTM registration provides trademark protection across every EU Member
Paying a Finder’s Fee When Raising Capital in the United States: The Success Fee Trap When raising capital in the United States, companies often run into a common, very avoidable legal problem: paying a “success fee,” “commission,” or “finder’s fee” to the person who introduced an investor. It feels fair. Someone made a valuable connection,
