a dispute develops over an international business
deal, it can wind up in negotiation, in litigation
in a foreign or U.S. court, or perhaps in arbitration.
Our team is well positioned to assist clients with
BUSINESS DISPUTES When it comes to international
business disputes, our lawyers assist our clients
in three ways:
LITIGATION - U.S. COURTS We represent companies
in federal and state courts in the U.S. in litigation
arising out of their Latin American business transactions
and operations. Our lawyers have deep experience
with the doctrines particular to international litigation,
such as forum non conveniens, jurisdiction over
the person, conflicts of laws and gathering evidence
abroad. We are accustomed to dealing with cases
where litigation is pending in more than one country
and the related legal questions, such as the power
of a U.S. court to enjoin a party from proceeding
with foreign litigation, and witnesses and evidence
are often located in Latin America or other locations.
We are also experienced in assisting foreign counsel in seeking evidence pursuant to 28 U.S.C.§1782 for use in a foreign tribunal, executing on foreign judgements, and enforcing foreign arbitral awards.
Our international capabilities, including our familiarity
with the cultures, language and systems, empower
us to gather the facts and evidence effectively
LITIGATION - EXPERIENCE Our
firm has experience with sovereign immunity
issues and government litigation. For example, we
have represented Latin American government-owned
entities in arbitration as well as litigation. We
have advised foreign government-appointed bank liquidators
in failed bank litigation. Conversely, we represent
private-sector companies in investment and other
disputes with governments.
are often asked to speak in the U.S., Europe and
Latin America on international litigation, and have
chaired programs and committees such as The Florida
Bar's International Litigation and Arbitration Committee.
They are involved in a variety of international
initiatives, serving for example, on the board of
directors of the National Law Center for Interamerican
LITIGATION - LATIN AMERICAN COURTS
LITIGATION - LATIN AMERICAN COURTS Companies
doing business in a foreign country face the risk
of suit in the local courts of that country. Because
we regularly deal with Latin American legal systems,
we are able to help our clients develop and implement
the best strategies for the problem at hand.
AMERICAN COURTS - SELECTION OF IN-COUNTRY COUNSEL
An important part of any litigation strategy is
the selection of the best in-country counsel for
the particular case. A company's "regular"
or historical counsel in the country might not be
the most suitable for the specific problem. Such
counsel might not have the best expertise or the
political or other resources needed. Assessing such
qualifications from afar is difficult. As a result
of many years of practice and experience, we have
a broad knowledge of the law firms in the region
and can help our clients make the best selection.
UNCONVENTIONAL TACTICS - EXPERIENCE Many
countries in the region have procedures, such as
querellas, permitting a private party to file a
criminal proceeding for what is a commercial dispute.
This procedure is exploited to pressure a foreign
company into settling a dispute to avoid the risk
that an arrest warrant will be issued against one
or more of its executives. Many of our lawyers have experience
in countering such tactics.
CORRUPTION - EXPERIENCE In some countries,
corruption is a significant factor that affects
a client's prospects of achieving a successful result.
The Foreign Corrupt Practices Act and money-laundering
legislation can embroil a company doing business
abroad. As noted in a feature article in Florida
Lawyer and other publications, our lawyers are experienced
at dealing with troublesome issues encountered in
some developing countries, including corruption,
as well as accusations of illegal activities.
- MANAGERS Because litigation in an international
deal often winds up in the courts of more than one
country, coordination among the various local counsel
is essential. What is helpful to the case in one
country might damage the case in another. In addition,
even where the dispute is in only one country, a
stance taken abroad may have broader implications
for the client from a regulatory or other perspective
at home or elsewhere. Our lawyers are accustomed
to coordinating and managing such disputes.