Legal Articles, Lawsuit

How Do Wholly Foreign Owned Enterprises (WFOEs) Win Lawsuits in China?

This article addresses what a Wholly Foreign Owned Enterprise (“WFOE”) operating in China should do to avoid ending up in court and, if it does, how the company can maximize its chances of winning the case. WFOEs enjoy the benefits of limited liability afforded businesses and the individual rights offered under Chinese civil law. Most WFOE's will need to deal with the Chinese courts' Civil Procedure Law and also should know how the litigation will proceed substantively, such as under contract law or as a foreign party, because it will impact strategy and legal outcomes. Most high-profile WFOE cases do not end in favor of the foreign party. So an entity litigating labor and employment issues or issues likely to impact international trade will likely lose. WFOEs need to also consider alternative dispute resolution mechanisms, such as arbitration in front of the China International Economic Trade Arbitration Commission (“CIETAC”). WFOEs embroiled in litigation in China’s courts of law can maximize their chance of success by engaging skilled, knowledgeable local counsel with knowledge of both domestic and international laws.

RECOVERING DAMAGES FOR WRONGFULLY ISSUED INJUNCTIONS IN ILLINOIS

This article address the recovery of damages for "wrongfully issued" injunctions in Illinois.

THE “BUYER'S OPTION” CONTRACT IN ILLINOIS

This article addresses the buyer's option contract in Illinois.

Litigating the suspension of physician clinical privileges: The intersection of The Illinois Medical Studies Act and the rule of “at issue” waiver

This article address the concept of "at issue waiver" in the context of the Illinois Medical Studies Act.

Advantages of Online Divorce Mediation

Online divorce mediation has several advantages over in-person meetings: it is much more convenient, it facilitates collaborating on documents, it can ease the intensity of emotions, and it gives couples a wider choice of mediators.

Research Assistant "AN HISTORICAL ANALYSIS OF THE BINDING EFFECT OF CLASS SUITS"

Researched law review article written by GEOFFREY C. HAZARD, JR.; JOHN L. GEDID; STEPHEN SOWLE. https://www.jstor.org/stable/3312739?seq=1

NURSING HOME AND ALF NEGLECT AND ABUSE: YOUR RIGHTS (AND COVID19 LITIGATION UPDATES)

You or your loved one has been the victim of abuse or neglect in a nursing home, assisted living facility, or by an aide from a Home Health Agency, with important Covid19 updates included.

What is ERISA and how does it impact my case?

Brief history of the Employee Retirement Income Security Act

Should I pursue an appeal or file a lawsuit?

After you have been denied benefits, you must first appeal before you can file a lawsuit.

Bifurcation of First-Party Auto Claims in New Mexico

A motion to bifurcate is often the first line of defense in a litigated first-party insurance claim. The Defendant carrier contends bifurcation streamlines discovery and disposes of “extra-contractual” issues without having to use the court’s time and resources. In truth, however, by moving to bifurcate, the first-party insurance is trying to accomplish two major goals: 1) prevent discovery of harmful and/or “proprietary” business and/or claims file information that the insurance company knows will support an insured’s bad faith and extra-contractual claims; and 2) delay addressing the extra contractual claims by creating another hurdle for the insured to clear, i.e. a discovery and trial on the damages before allowing a discovery or trial on the merits of the extra-contractual first-party claims. The individual facts and circumstances of the case that warrant non-bifurcation should be emphasized with the court. Plaintiff should emphasize facts which could permit recovery on extracontractual claims regardless of whether or Plaintiff can prevail on the contractual claim. Plaintiff should emphasize arguments that the extra-contractual issues will have to be resolved regardless of the number of trials or the order of discovery, so in the interest of judicial efficiency, bifurcation would not be appropriate.

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