United States Writ of Attachment for collecting on a judgment

U.S. Litigation Basics – The Writ of Attachment

A key question any person or company contemplating litigation in the United States needs to ask themselves is whether the potential judgment is worth the cost of getting it. Filing and pursuing a lawsuit in the United States is lengthy and expensive. And though the law provides protections against fraudulent transfers, there is always the

China attorney-client privilege law

U.S. Supreme Court to Decide Important Attorney-Client Privilege Issues

In early January 2023, the United State Supreme Court will hear arguments on a case involving the attorney-client privilege.  The case is In re Grand Jury, No. 21-1397, and the Court’s decision will undoubtedly be of great significance for businesses and their attorneys. At stake in this case is the level of confidentiality given to

arbitration versus litigation

International Litigation Options: The Benefits of A Receivership

Both our domestic and foreign clients understandably wish to avoid full-blown litigation in certain cases, especially when the facts are messy, or the relationships are complicated. One successful option we have guided our clients through is the receivership. This is especially useful in the context of partnerships gone bad – if you have a business

Litigation and discovery in the United States

U.S. Litigation Basics – The American Discovery Process (Part Two)

In part one, we broke down the basics of what the discovery process in the United States is and why we have it. In today’s post, we’re going to cover the different discovery mechanisms and the pros and cons of each. Interrogatories Interrogatories are written questions that require written responses. (Note: not all jurisdictions allow

United States litigation discovery

U.S. Litigation Basics – The American Discovery Process (Part 1)

The United States is known for its particularly complex legal system, which is largely composed of multiple phases. Typically, the longest phase is the “discovery” phase. Discovery usually takes off right after the parties file their respective complaints and answers. Here is an overall primer on the discovery process – what it is and what

International injunction

U.S. Litigation Basics – The Formidable “Injunctive Relief”

The need for litigation rarely arises slowly. Typically, we receive calls from our international clients after they have spent some time trying to work through a dispute on their own, but the other side has now done something egregious or that requires immediate intervention. In the U.S., there is a mechanism that may aid in

International litigation

U.S. Litigation Basics – What If I’ve Been Sued?

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

arbitration versus litigation

U.S. Litigation Basics – What Are Your Options?

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 – and most likely, it

international litigation

Anatomy of a U.S. Lawsuit – Where Do I Sue?

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

A Legal Primer on Doing Business in the United States

Doing Business in the United States: The Laws You Should Know

As the country with the world’s largest economy, the United States offers some of the best business opportunities in the world.  To assist businesses in taking advantage of those opportunities, this guide provides an overview of the US legal system and some of the laws relevant to doing business in the United States. 1. The