Dan Harris is a founding member of Harris Sliwoski, an international law firm where he mostly represents companies doing business in emerging market countries. Most of his time is spent helping American and European companies navigate foreign countries by working with the international lawyers at his firm in setting up companies overseas (WFOEs, Subsidiaries, Rep Offices and Joint Ventures), drafting international contracts, protecting IP, and overseeing M&A transactions.

In addition, Dan writes and speaks extensively on international law, with a focus on protecting foreign businesses in their overseas operations. He is also a prolific and widely-followed blogger, writing as the co-author of the award-winning China Law Blog.

international litigation

When A Not-So-Basic Arbitration Provision Makes Sense

We’ve always tried to cover key aspects of arbitrations on this blog, and why arbitration may make more sense for your situation, as opposed to having to pursue a public lawsuit in court. But when you need fast, injunctive relief, a prior agreement to arbitrate can potentially cause delay and be problematic. Though a major

International trademark litigation

International Aspects of Trademark Infringement Litigation

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

International arbitration

A Primer on Investor-State Arbitration

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

international arbitration

The Case for International Arbitration

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

Foreign court judgments United States enforcement

Enforcing Foreign Judgments in United States Courts

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

International Lawyers

Dear Elon Musk: “The Law” Is Different In Every Jurisdiction

Unless you just returned from weeks of trekking the jungles of Borneo, you know that Tesla and SpaceX founder Elon Musk has made an offer to buy Twitter for about $43 billion. The chattering classes are divided on what this may mean for their favorite communications medium, and unsurprisingly, Musk himself has weighed in. Responding

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 the United States or in a country that enforces U.S. judgments.

Disputes with Chinese Companies

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

Emerging markets success

Four Essential Principles of Emerging Market Success

In my work as an attorney representing mostly Western companies in emerging markets, I have concluded there are four essential elements to emerging market success: a good partner, an open mind, active participation, and extreme patience. I have seen enough essential similarities between such diverse countries as Russia, Korea (back when it was still an

Recognition of Foreign Judgments in US Courts

Recognition of Foreign Judgments in United States Courts

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

Will Your U.S. Judgment Be Enforced Abroad?

Will Your U.S. Judgment Be Enforced Abroad?

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,