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Earlier this year, I started a series on U.S. litigation basics for our international audience. The American judicial system is statute-based and complicated, so we’ve previously covered what your pre-litigation options are and where you should sue. But what if you’re on the receiving end of a lawsuit? Though the plaintiff (the person suing) must
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 –
Filing a lawsuit in the United States can feel daunting, and one of the earliest decisions you will need to make is where to sue. While there are cases that can only be filed in state court (i.e., when all parties are domiciled in one state) and others that can only be filed in federal
在本文中，我将探讨未履行合同和“当然失效条款”。这两者都是破产程序中的重要基础概念，尤其是第11章程序（通常称为“重组”，区别于第7章下的“清算”）。 1. 未履行合同 虽然这个名称听起来有些晦涩，但未履行合同其实只是指
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
Ongoing economic turmoil makes now the right time to discuss U.S. bankruptcies and preference actions. In the United States and much of the world, inflation is running out of control and there are asset bubbles everywhere you look – housing, real estate in general, used and new cars, and so on. Between the war in
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,
This post concerns a recent Sixth Circuit decision at the intersection of removal and the interlocutory appeal doctrines as they apply to preliminary injunctions. The case is Schuler v. Adams, No. 21-1613 (Mar. 7, 2022). (Fair warning – this post is bit of procedural wonkiness – something I have a fondness for but others find
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,”
