The enforcement of foreign judgments is a challenge, especially if they emanate from the US because there is no automatic recognition. How Ireland treats enforcement efforts of foreign judgments is an excellent example of the challenges faced by plaintiff?s counsel.
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Keeping you current to Focus BetterThe Challenges Of Enforcing Foreign Judgments: The Irish Example08/12/2016
August 2016 Tax Credits & Incentives Update08/04/2016
HMB Tip of the Month: Given the fact that the fall election is right around the corner, we expect that there will be an uptick of activity in some markets, especially with negotiated incentives, while other markets will face a standstill, depending on the political landscape of the particular market. Also, we also expect a flurry of activity during the lame…
U.S. Supreme Court Finds RICO Statute Applies to Activity Offshore06/28/2016
The U.S. Supreme Court on June 20, 2016, inRJR Nabisco Inc. v. European Community, 579 U.S. ___, addressed the application of the RICO statute 18 U.S.C. Section 1961 et seq., to activities outside the U.S. and the injury that must be suffered by private litigants …
Recent Trust Protector Issues Affecting The Enforcement of Trusts in the Channel Islands03/31/2016
The purpose of the appointment of a protector is to monitor the actions of a trustee and to ensure that appropriate action is taken to preserve the trust fund. Protectors are commonly given "positive" powers such as the power to appoint and remove trustees and "negative" powers such as the right to withhold consent to distributions to beneficiaries. The role…
Asset Protection Devices in the British Virgin Islands That Creditors Need to Understand12/30/2015
There are approximately 800,000 companies registered in the British Virgin Islands ("BVI"). BVI entities are used as vehicles for investing in Hong Kong, Singapore and mainland China where anywhere from 40-50% of BVI entities are used. There are three types of funds that can be organized under BVI law-private, professional and public. High net worth individuals are most interested in…
Discovery Obtained Under Section 1782 Is Not Precluded From Use In Subsequent Litigation In the U.S.11/10/2015
The Eleventh Circuit recently addressed an issue of first impression as to whether discovery obtained under 28 U.S.C. Section 1782 could later be used in civil litigation in the United States. InGlock v. Glock, Inc, 797 F. 3d 1002, plaintiff filed a proceeding under 28 …
The BEC/FBI Tech Hacking Advisory – Doing Business with Foreign Suppliers/Businesses10/29/2015
It was not so long ago that in the cyberspace realm businesses only needed to worry about having a good firewall and spam filter to prevent fraud. Now, as technology has advanced so have the fraudsters and the government is warning businesses, especially those conducting …
Australian Freezing Orders Are Valuable Recovery Devices10/27/2015
A substantial portion of the world’s hard and soft commodities are sold and shipped from Australia. Many of the companies involved are based in foreign jurisdictions, but hold substantial assets in Australia in the form of mining licenses or commodity stockpiles. The ability to freeze …
New Illinois Statute Creates Presumption of Invalidity as to Transfers to Caregivers Over $20,00010/11/2015
A new section in the Illinois Probate Act, 755 ILCS 5/4-a, et seq., titled "Presumptively Void Transfers," which took effect January 1, 2015, creates a rebuttable presumption that a document that transfers assets upon a person's death, referred to as a "transfer instrument," that transfers $20,000 or more to a caregiver is invalid. The intent of the new law is…
Assessing the Risks of Pre-Suit Discovery in Switzerland09/25/2015
The new Civil Procedure Code (CPC) entitles a party to apply to the court to secure evidence that could later be lost, where a statutory rule provides for the taking of such evidence or where an applicant can demonstrate a legitimate interest. The intent of …
Leaving S Corporation Stock to a Special Needs Individual09/24/2015
An owner of an S corporation with a special needs child may be faced with a dilemma. If the S corporation is a family business, much of the S corporation holder's wealth may be held in the S corporation, but the business owner may feel strongly about treating all of his or her children equally in terms of gifts and…
New York Appellate Court Permits Discovery of Banking Information from Branches outside New York09/04/2015
New York branches of foreign banks are not insulated from producing information and documents pertaining to assets of judgment debtors held by the bank outside the US even where the New York branch conducts ?narrow and limited? operations in New York.
Wine Seller Victory in Illinois Qui Tam Lawsuit09/04/2015
Wine sellers received a second positive update just this week in the qui tam winery lawsuits in the Circuit Court of Cook County, Illinois. With the help of some procedural maneuvering, we were successful in getting a qui tam winery case dismissed, with prejudice.
Encumbered by Illinois Qui Tam Litigation? A New Update from the Attorney General May Spell Relief for Some09/02/2015
If you are a Defendant in one of the infamous Illinois qui tam lawsuits related to tax on shipping and handling charges, there has been an important update.
A Potential New Recovery Tool for Worldwide Fraud: Backwards Tracing08/31/2015
The doctrine known as ?backwards tracing? operates where victims seek to trace and recover the proceeds of the fraud where no direct connection can be established between the funds lost and the funds found in the hands of the fraudsters…
Seizing Assets Hidden In A Sham Trust07/31/2015
Many problems occur after a trust has been established for many years and poorly managed. As years pass, parties get careless in how they handle the affairs of their trust and then mishandle the operations of the trust for immediate personal needs.
Gay Marriage, Unequivocally, Now the Law of the Land06/26/2015
In a 5-4 decision handed this morning, the U.S. Supreme Court held that the Fourteenth Amendment of the U.S. Constitution guarantees the right to marry to same-sex couples.
Interim Relief in Cyprus Assists Creditors to Pursue Stolen or Hidden Assets06/26/2015
Cyprus can be a creditor-friendly jurisdiction to enforce or support recovery efforts.
Illinois Qui Tam Update: Where is the False Claim? Where is the Fraud?06/17/2015
Sadly, most qui tam defendants make the unappealing business decision to settle by paying extortion dollars, rather than having to proceed all the way to trial. Hopefully the State will step in to help soon or some positive legislation will pass, so this trend will …
City of Chicago Issues Guidance Regarding the Applicability of the Amusement and Transaction Taxes to Electronic Transactions06/12/2015
On June 9, 2015, the Chicago Department of Finance (“Department”) issued two rulings regarding the City’s Amusement Tax and the Personal Property Lease Transaction Tax. The rulings are intended to clarify the City’s position on when electronically delivered amusements or services will be subject to …
Enforcing Judgments in the United Arab Emirates06/10/2015
Enforcement in the UAE is dependent upon a treaty with the foreign country. Even if the parties agreed that the foreign court has jurisdiction, that may not allow for enforcement if the UAE court would originally have had jurisdiction.
From Father and Son to Married Same Sex Couple05/29/2015
For the first time in Pennsylvania’s history, a gay couple who had existed legally as father and adopted son for over a decade to legitimate their relationship, ended their father-son relationship to finally legally marry.
The Basis for Cyprus Trust Popularity for Asset Protection05/29/2015
Cyprus Trusts have become a popular locale for asset protection.
New York District Court Allows Worldwide Discovery from Spanish Bank Located in New York05/14/2015
Recently, the District Court in Vera v. Republic of Cuba, 2015 U.S. Dist. Lexis 32846 (S.D. N.Y. 2015), was confronted with a situation where a judgment creditor sought post-judgment discovery pertaining to the defendant’s foreign accounts “in order to decide whether to seek recognition of …
Illinois Qui Tam Update: April Brings Blows to the Whistleblower – But Will It Continue?05/06/2015
The month of April (2015) brought us two of the more significant updates in the 10-year history of the Stephen B. Diamond (“Diamond”) whistleblower lawsuits, filed under the Illinois False Claims Act (the “Act”), 740 ILCS ?175/1et seq…