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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
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
Pursuant to the Trademark Modernization Act (TMA), the United States Patent and Trademark Office (USPTO) has established expungement and reexamination proceedings for cancellation of a registration. These proceedings allow a third party to request the cancellation of a trademark registration, if the mark was never used in commerce, or if it was not used prior
When and how to register a foreign company in the US In the prior post in this series, we discussed U.S. banking requirements for international companies. This post focuses on when a foreign company should or must register as doing business in a U.S. state, either by registering their foreign company directly in that state
Our foreign direct investment team regularly fields inquiries from international companies and existing international clients regarding establishing U.S. business operations. (See Does My International Company Need to Register in the U.S. and How Does My International Company Do Banking in the U.S.?) This post will answer questions for foreign companies regarding when they must pay
For a variety of reasons, many companies are rearranging their supply chains, and many of those that target U.S. consumer markets are moving manufacturing to Mexico. We’ve written about “Omicron and Supply Chains: Buckle Up” here, and we wrote about manufacturing opportunity here in “President López Obrador Tells It Like It Is at North American
You’ve taken the first steps in expanding your business into Spain, perhaps by forming distributor relations. Now, you’re ready to put down deeper roots by renting office space and hiring staff. With these pieces in place you will be considered a “permanent establishment,” and it’s time to go beyond simply registering your foreign business. Foreign
Our corporate attorneys have represented countless companies, buyers, and sellers in M&A transactions, and one of the most common questions we get is “what are M&A closing conditions?” An M&A closing condition is a thing that a party says must happen for the transaction to close. All deals with closings have at least a few
Becoming a member of the United States’ Customs and Border Protection’s CTPAT Trade Compliance Program will improve your import operations. In other words, membership has its privileges. My last customs and trade blog post discussed how importers can minimize United States Customs and Border Protection (CBP) entry examinations and expedite cargo clearances by undertaking the
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
