International And Cross-Border Business Disputes

Businesses of all sizes are increasingly involved in international transactions and disputes, particularly in border cities like San Diego. Kaplan Law Firm works with local counsel in Mexico and around the world to provide timely and sound advice. Representative matters include:

  • Represented a provider of maquiladora/shelter provider in a litigated dispute with its client/multi-million dollar medical device manufacturer; the medical device manufacturer repudiated its contract and filed suit in the San Diego Superior Court seeking injunctive relief in Mexico; all of the relief sought by adverse party was summarily denied and through local counsel in Mexico, we obtained on our client’s behalf in Mexico; without filing a cross-complaint/counter-claim in the San Diego Superior Court Action, the medical device manufacturer paid our client a multi-million dollar settlement.
  • Represented a U.S. shareholder/founder and his U.S. corporation who sold his company to a multi-billion dollar Japanese company; an employment/shareholder dispute arose involving subsidiaries in the Cayman Islands and China, which was favorably resolved through mediation resulting in our client obtaining more than 10 times of the original share valuation price offered by the adverse party.
  • Represented Chinese and U.S. companies importing manufactured equipment from China to the United States, and issues related to importation, transportation, sales, marketing and government regulations.
  • Represented world-renowned surf/vacation island located in Fiji, with regard to management of liability issues, provision of services, and contracts.
  • Represented companies and entrepreneurs based in Australia with regard to business operations, shipment, sales, importing/exporting of goods between the United States and Australia, and successfully resolved business disputes with partners and competitors.
  • Represented publicly traded Fortune 500 Company in connection with it’s businesses in Mexico, successfully resolving U.S. Customs disputes, import/export issues, and labor/employment issues unique to cross-border commerce.
  • Represented international venture capital group seeking to invest in viatical settlement in the United States. Viatical settlements are investments through which investors purchase life insurance policies from the policy beneficiaries, at a discount, and pay the beneficiaries a discounted sum.
  • Represented provider of exotic nature-based/eco-adventure air travel throughout undeveloped and remote areas in Baja Mexico and the Sea of Cortez with regard to its business operations, liability issues, and contracts.
  • Represented the most prolific purveyors of maquiladoras or shelter operations which provide for the manufacture of products in Mexico, which entities provide administrative support, manufacturing support, computerized accounting services, Mexican taxes, licensing, permits, human resources management, payroll services, environmental oversight, and import/export services, certificates of origin, and interface with both Mexico and United States Customs Agencies. Representation included providing legal advice relative to the above-described services, including disputes between the shelter operators, its clients, the Mexican employees/labor unions in collaboration with local Mexican counsel and interface with the regulatory agencies in both the United States and Mexico.
  • Represented internationally recognized bariatric surgical facility located in Mexico, which performs laparoscopic surgeries such as gastric band (lap band), gastric sleeve (gastrectomy) and gastric plication in connection with its business relationships with patients from the United States.
  • Represented venture capital entrepreneur from Australia who developed a unique franchise in the United States through creation of high-end pawnshops.
  • Represented fideicomiso property owner with rental agreement containing liability release, choice of law and forum selection clauses in Mexico.