United States Litigation Basics When issues come up, most of our international clients believe filing a lawsuit is the only answer. Unfortunately, the United States litigation process is often complicated and expensive – there will be an exchange of information and documents, the taking of depositions, and probably some motion practice along the way –
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
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,
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
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
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,
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
Legal issues involved in selling products worldwide via the internet What are the legal issues involved in selling product worldwide over the internet? The following questions make up an initial checklist for companies looking to sell their products internationally over the internet. 1. What type of legal entity(ies) are you going to want? Where will
