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Recessions, Bankruptcy, and Preference Actions

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

international litigation

The Role of U.S. Federal Courts in Arbitration

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,

Alternative DIspute Resolution ADR

Alternative Dispute Resolution: Mediation, Arbitration, and Appraisal

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,”

How to Make a Claim in a U.S. Bankruptcy

How to Make a Claim in a U.S. Bankruptcy

It is not uncommon to receive a call from a prospective client requesting assistance when they are owed money from a company that has just filed bankruptcy. While there are many factors to evaluate, one of the core issues is how to make a claim in bankruptcy. Whether you are owed $1 or $1,000,000,000, the

Recognition of Foreign Judgments in US Courts

Recognition of Foreign Judgments in United States Courts

This post is on 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. 1. Winning a foreign lawsuit is one

United States Litigation Guide

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 halt this process by