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Clients often have strong feelings about their opponents. The defendant may be a corporation that stole millions of dollars in a fraud or the plaintiff may be a rogue employee who is lying through their teeth. And when a client hires an attorney, the client may expect the lawyer to show no mercy to the evildoer on the other side of the case. But lawyers in commercial disputes frequently grant courtesies to opposing counsel. For…
In an earlier post, I interviewed Li Qishi about litigation in China. During our interview, I learned about China’s procedure for exchanging evidence at a hearing before trial and about its use of jurors in commercial disputes. I was intrigued about these subjects, so I spoke to Ye Fang, a partner at Jingtian & Gongcheng in Beijing about his experience with commercial trials in China. Why should you continue reading this post about…
Part of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent decisions. Arbitration May Be More Cumbersome and Expensive Than Litigation Arbitration is traditionally considered to be a cheaper alternative to court litigation. But its filing fees are often much higher than court equivalents, and the lack of published decisions often makes arbitration difficult to navigate. These challenges…
Some jurisdictions provide specialized courts that focus on commercial disputes. These courts provide judges with experience in issues that frequently arise in commercial disputes so that litigants are comfortable that the judges understand the matters they present. They also follow special rules that were written specifically for commercial disputes. But not all litigants prefer commercial courts, nor do all commercial disputes qualify to be heard in them. Why should you continue reading this post about…
Mexico is one of America’s largest trading partners, and so commercial disputes with Mexican businesses arise frequently. But even though it is so close to the United States, many Americans are unfamiliar with its judicial system, since it is based on a civil code and its laws are promulgated in Spanish. So I asked Esteban Maqueo Barnetche of the Mexico City law firm, Maqueo Barnetche, Aguilar y Camarena, S.C., about his litigation practice in…
Peru has one of the fastest growing economies in the world and more people than any U.S. state besides California. Its legal system, however, is relatively new and very interesting. To learn more about it, I asked my former colleague Sheila Giuliana La Serna Jordan. Sheila used to practice law with me at Becker Glynn in New York, but now she is the chief legal and compliance officer of Profuturo AFP, the Peruvian pension…
Some details about the IT work involved in document productions. As I discussed in an earlier post, litigants in New York and federal court are entitled to demand their adversaries and even non-parties produce relevant e-mails. But how does someone take thousands of emails and decide which get produced? And are there a bunch of complicated rules and procedures that would surprise someone who doesn’t do this all the time? The answers are “a…
Part of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent decisions. Court Dismisses RICO Claim Where Plaintiff Failed to Allege an “Association in Fact” Private litigants can sue organizations for participating in a fraudulent scheme and can recover triple the amount of money they lost, pursuant to RICO, the Racketeer Influenced and Corrupt Organizations Act. But…
Russia’s judiciary resolves disputes for a country of almost 150 million people that includes some of the world’s major energy and investment companies. But its government has only been around for about thirty years. Litigating in this relatively new system sounded challenging, so I asked Russian lawyers Mergen Doraev and Ivan Semenkin, partners at the Moscow law firm EMPP, to tell me about their work. Why should you keep reading this post about litigation…
How Lawyers Handle Cases All Over America I live and work in New York, but I have worked on disputes that were (or are) pending in jurisdictions outside of New York.  For example, I’ve worked on cases in New Jersey courts, Massachusetts courts, in Florida courts, and in an Ohio court. This surprises a lot of my friends, who assume I can only work on litigations in New York.  But the truth is that litigators…