Client Alert January 9, 2023
- Victims of large-scale and sophisticated fraud in Brazil may struggle to recover their assets by only using tools available in the domestic legal system.
- However, a growing interest in fighting cross-border crime by U.S. authorities, together with the power of tools in the U.S., provide victims with a potentially better path to success.
- Our cross-border team explains what strategies victims can deploy to achieve results.
Client Alert March 12, 2021
Don't Stand Passive Against Anti-Competitive Behavior: U.S. Court Endorses Private Sector Antitrust Tools
- Companies often believe that the only remedy for anti-competitive behavior comes from government intervention.
- However, as a recent U.S. appeals court decision illustrates, private parties can obtain relief themselves, even against “consummated” mergers approved by government regulators.
- This creative strategy is just one of many that companies can deploy by themselves when facing competitive challenges.
Client Alert November 17, 2020
- Section 1782 discovery in the United States is a powerful tool to access information and gain an edge in foreign proceedings.
- However, the power of this tool and the ease in which it is granted invites parties to use it in service of goals completely unrelated to ongoing proceedings, such as a negative PR campaign.
- Defeating a 1782 application is not easy, but there are counterarguments and cross-border tools available to fight back and turn the tables on an unscrupulous adversary.
Client Alert April 28, 2020
- Compared with UK discovery, with its limited scope and high costs, U.S. discovery can be a much more powerful and widely usable tool of enforcement.
- U.S. Discovery, unlike UK discovery, is not limited to documents contained within its national borders.
- Furthermore, documents discovered through U.S. discovery can often be used for purposes beyond those specifically identified in the original discovery application.
Client Alert April 3, 2019
- For international creditors, monetizing claims against debtors located in the People’s Republic of China has proven difficult.
- The first challenge is finding where the assets are, specifically via offshore discovery.
- Time is of the essence, and “freezing” the money is next.
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