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

United States litigation discovery

U.S. Litigation Basics – The American Discovery Process

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

HB logo on gray background

Bankruptcy Basics – Executory Contracts and Ipso Facto Clauses

In this post, I will discuss executory contracts and ipso facto clauses. These are both important basic concepts for bankruptcy proceedings, especially Chapter 11 proceedings (commonly known as a “reorganization” as opposed to a “liquidation” under Chapter 7). 1. Executory Contracts Though the name may sound daunting, an executory contract is simply a contract that

arbitration versus litigation

Arbitrations – Worth the Supposed Savings?

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

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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