Sixth Circuit Acknowledges the Broad Scope of 28 USC § 1782, Authorizing Discovery for Use in Foreign Private Commercial Arbitration The Sixth Circuit, in a matter of first impression, allowed discovery of evidence (i.e., documents and deposition testimony) for use in foreign private commercial arbitration, establishing a helpful precedent for … Read More
The Pitfalls of Badly Written Contracts and Poorly Negotiated Deals: Lessons from the Tennis World
by George Benaur and Ben Rozenshteyn The recent case of Christophe Jean v. Leonard Francois et al., 19-002954 (Fla. 17th Cir. Ct. 2019), which involves the tennis superstar Naomi Osaka, concerns the dynamic between coaches and athletes, in this case, tennis players and their coaches. Given my affinity for tennis … Read More
Due Diligence on International Deals with Foreign Business Partners
Due Diligence on International Deals with Foreign Business Partners By George Benaur and Ben Rozenshteyn Worldwide enforcement of corrupt business practices continues to intensify and the news is filled with new stories and large fines for violations of anti-bribery, sanctions, antitrust and other laws. While the United States’ Foreign Corrupt … Read More
Compliance with Litigation Discovery Obligations and Early Assessment of Costs and Resources
In United States, litigation requires discovery, document productions and often depositions. This process is unique in our system and requires compliance with strict court rules on discovery. Foreign nationals especially need to be acutely aware of the importance of complying with the court rules in U.S. courts; this applies to … Read More
New Precedent On Limits of Sovereign Immunity Defense Involving Uzbekistan
New York, New York, September 3, 2019 In the world of business with the former Soviet republics, the boundary between government and private business is at times murky. We are tracking the recent legal developments on the issues of jurisdiction, the doctrine of forum non conveniens and sovereign immunity, and … Read More
Enforceability of Asset Recovery Contingency Agreements
By George Benaur and Ben A. Rozenshteyn Individuals, private and public companies, law firms and countries engage in litigation or arbitration of disputes and seek redress at the conclusion of the conflict by trying to collect on judgments. But what if the opponent hides assets or simply fails to pay? … Read More
George Benaur Presents for Russian Delegation for Synergy Global
New York — Today, George Benaur presented to an audience of Russian Executive MBA students as part of Synergy Global’s educational series. It was a wonderful opportunity to teach and share ideas with fellow business entrepreneurs without familiarity about the American legal system about the ins and outs of US … Read More
NB! Issues of Particular Importance in Cross-Border Contracts
by George Benaur and Ben Rozenshteyn In the world of international business, there is no question that contracts play a critical role. True that much business is conducted without any written contracts, but such risky practice inevitably leads to disputes, lost business, debts and other problems down the road. … Read More
U.S. Avenues for Enforcing Foreign Judgments and Some Potential Pitfalls
By George Benaur and Ben A. Rozenshteyn The business of asset recovery, litigation and arbitration is growing, especially with the infusion of private equity capital into these realms. Litigations and asset recovery cases have become investment vehicles for some companies and funds. Commercial fights in the courts and arbitration forums are … Read More
Recent Developments and Trends in Section 1782 Discovery in Aid of Foreign Proceedings
by George Benaur and Ben A. Rozenshteyn The world of cross-border litigation is exploding and with it comes the emergence of parallel international litigation. Because the U.S. financial institution touches so many parts of the world, foreign litigants pursuing claims in other countries often need to seek discovery, either by … Read More
Benaur Provides Legal Commentary on RTVI News on Netflix and ACLU challenge to New Georgia Abortion Law
https://rtvi.com/broadcast/kak-netflix-otstaivaet-pravo-zhenshchin-na-aborty/
George Benaur Selected to SuperLawyers, New York 2019
https://profiles.superlawyers.com/new-york-metro/new-york/lawyer/george-benaur/5867cfd3-e94c-4391-8791-ba909a9c0649.html
The Rise of Alternative Investment Models in International Business Fraud Cases and Important Considerations for Such Arrangements
In recent years, I have witnessed the rise of new business models for pursuing litigations and arbitrations in business fraud cases. Unlike the traditional hourly rate model, where large law firms typically take a large initial retainer to bill against at an hourly rate, the new arrangements typically involve teams … Read More
New Dilemmas Facing the U.S. Courts in the Era of the Panama Papers and Offshore Fraud
In recent years, there have been many news headline stories about offshore companies and complex webs of corporate entities moving funds across the continents without detection. The Panama Papers, for example, have caused a huge stir in the financial industry, with corruption and legal issues still unfolding as a result … Read More
New Trends in Legal Services, Fees and Offering Alternatives
New York, March 28, 2019 — “America is one big law firm,” one client, not insignificant in his profile, remarked recently, only half jokingly. Clearly, in this country of laws, law and lawyers play a major part. But the legal profession itself is also undergoing major changes, including revolutionary developments … Read More