Sequor Law's Ed Davis, Leyza Florin, and Juan Mendoza examine the challenges of seeking US recognition of individual debtors' foreign insolvency proceedings and COMI determination under Chapter 15. Asset recovery column: Recognition of an individual debtor’s insolvency proceeding – beware the perils Open Legal Insights Open March 27, 2019 5 minutes read Sequor Law Ed Davis, Leyza B. Florin and Juan Mendoza Shareholders Edward Davis Jr and Leyza B. Florin , and attorney Juan Mendoza from Sequor Law in Miami discuss the things to watch out for when seeking recognition of an individual debtor’s foreign insolvency proceedings in the US. Recognition of a foreign insolvency proceeding in the United States allows the use of an arsenal of asset recovery weapons for a cross-border practitioner, including the opportunity to obtain discovery relating to the financial condition of the debtor, and to commence actions to collect property and liquidate claims. This arsenal may be particularly effective in situations where an individual debtor flees the jurisdiction of his or her pending bankruptcy case to the United States. Such a change of circumstances may disturb the debtor’s ties with the jurisdiction of the pending insolvency, however, and alter the foreign trustee’s ability to obtain recognition of the foreign insolvency in the United States. This column discusses the nuances a practitioner must consider when pursuing recognition of an individual debtor’s foreign insolvency under Chapter 15. To obtain recognition of a “foreign main proceeding” under Chapter 15 – the United States’ analogue to the Model Law on Cross-Border Insolvency – a foreign representative of the foreign insolvency proceeding must show, among other things, that the foreign proceeding is pending in the country where the debtor has his or her centre of main interests (COMI). An individual debtor’s COMI is defined as the debtor’s “habitual residence”. The foreign representative may also obtain recognition of the foreign proceeding as a foreign non-main proceeding if the debtor has an “establishment” in the country where the foreign proceeding is pending. “Establishment” is defined as a place of operations where a debtor carries out non-transitory economic activity. As the determination of an individual debtor’s COMI or establishment is a fact-intensive inquiry, the operative date for the determination of COMI or establishment could be pivotal in obtaining recognition. US courts are split on the operative date for the determination of the COMI. Some courts have noted that the operative date to determine the COMI is the date on which the Chapter 15 petition was filed. However, several US courts have held that the operative date for determining a debtor’s COMI or establishment is the date on which the foreign insolvency commenced. Though this split of authority is yet to be specifically addressed in the text of Chapter 15, UNCITRAL’s revision to the Guide to Enactment and Interpretation of the UNCITRAL Model Law on Cross-Border Insolvency in 2013 clarified that the date of the commencement of the foreign proceeding is the operative date to determine the COMI. It would be up to the US Congress to pass an amendment to Chapter 15 to conform it to this development, which to date remains an open issue for US courts. In a situation where an individual debtor moves to the United States after the commencement of the initial insolvency proceeding and establishes residence and financial ties in the US, the determination of the COMI or establishment – and possibility of recognising the foreign insolvency proceeding – is a function of whether the operative date for the determination of COMI or establishment is the date of the filing of the initial proceeding or the Chapter 15 proceeding. If the operative date were the commencement of the foreign proceeding, as clarified by the Guide to the Model Law, the individual debtor’s habitual residence would likely be located in the foreign jurisdiction. This would likely result in the finding that the debtor’s COMI or establishment was the jurisdiction of the foreign proceeding. The opposite is true if the operative date is the date of the Chapter 15 filing, as the individual debtor may have developed close ties to the United States, such as changing address, opening new bank accounts and establishing other signs of permanency. Once the operative date is established, the court must analyse the debtor’s circumstances to determine the debtor’s COMI or establishment. As habitual residence is not defined by the bankruptcy statute, it raises yet another level of uncertainty. Though there is no definition for the term habitual residence, courts seem to equate habitual residence with domicile, a concept typically used in the bankruptcy context in the analysis of venue and exemptions to discharge. Like domicile, habitual residence refers to both an individual debtor’s physical presence, or residency, and the debtor’s intent to remain at that residence. The former consideration may seem like a straightforward one since it is hard to dispute a debtor’s physical presence. Yet situations arise where a debtor travels between two separate countries, which makes the analysis of physical presence more difficult. The latter consideration of intent requires an inquiry relating to the debtor’s state of mind, which involves both objective and subjective considerations. To assist with the analysis of the debtor’s state of mind, courts consider the location of a debtor’s family, the debtor’s reasons for moving, the length and continuity of the debtor’s residence, the stability and continuity of the debtor’s employment, and apparent intentions to remain at his or her residence. Courts also consider documents filed with governmental agencies, such as immigration documents, to discern whether a debtor intended to remain in a certain place. As every individual has different circumstances, the factual scenarios regarding the debtor’s habitual residence are endless. Consider the following examples: a businessperson who travels between offices in different countries with family in both countries; a couple that move to the United States on an investor visa but leave their children in their home country; and a person with no family who moves to the United States as a permanent resident but is incarcerated for a significant period. Each scenario would entail a unique analysis regarding the debtor’s state of mind. A Florida decision displays the factual complexity that may complicate an individual debtor’s Chapter 15 COMI analysis. In Richardson, the court analysed the habitual residence of an individual debtor who was in the process of moving to Florida from the UK under an investor visa, shortly after the commencement of an insolvency proceeding against him in the UK. Analysing the debtor’s COMI as of the commencement of the UK insolvency proceeding, the bankruptcy court noted that as of that date, the debtor no longer owned a home in the UK or operated a business in the UK, but retained his UK passport, UK pension account, UK email address, and immediate and extended family in the UK. Importantly, the court emphasised the debtor’s investor visa documentation, which contained a sworn statement that he fully intended to return to Great Britain upon the expiration of his visa term. Accordingly, the court held that the UK was the debtor’s habitual residence and COMI, and granted recognition of the debtor’s UK insolvency proceeding. Practitioners must be aware of the uncertainty in the case law with respect to the operative date for the determination of an individual debtor’s COMI or establishment, and the lack of uniformity presently employed by US courts in assessing an individual debtor’s habitual residence. Most importantly, practitioners must be prepared to make factual assessments of the debtor’s circumstances and face challenges presented by such factors required to prove an individual debtor’s habitual residence. References Guide to Enactment and Interpretation of the UNCITRAL Model Law on Cross-Border Insolvency (2013 revision), section 141. In re Richardson, Case No. 9:14-bk-04875-FMD, DE 120 (Bankr. M.D. Fla. 1 June 2016). In re Loy, 380 B.R. 154 (Bankr. E.D. Va. 2007). In re Ran, 607 F.3d 1017 (5th Cir. 2010). In re Kemsley, 489 B.R. 346 (Bankr. S.D.N.Y. 2012). United Nations Commission on International Trade Law (UNCITRAL), Model Law on Cross-Border Insolvency, 10, U.N. Gen. Assembly, UNCITRAL 30th Sess., U.N. Doc. A/CN.9/442 (1997), is available at their website . Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as. Firm News Jan 13, 2026 2 minutes read Sequor Law Expands Washington, D.C. Office with Addition of David Short Sequor Law expands its Washington, D.C. office with the addition of David Short, strengthening its cross-border litigation, asset recovery. Firm News Jan 12, 2026 2 minutes read Sequor Law Expands Asset Recovery Practice With the Addition of Attorneys Michael Hanlon and Noah Rosenblum Sequor Law is pleased to announce that Michael Hanlon and Noah Rosenblum have joined the firm as attorneys further strengthening the firm’s. Attorney Spotlight Oct 9, 2025 2 minutes read Attorney Spotlight – Get to Know David Short 1. What inspired you to pursue a law career? I don’t think that it was a matter of inspiration, but of choice – I wanted a career that.

Sequor Law's Christopher A. Noel examines fraud in the art market for Fraud Intelligence, exploring recent cases and legislative measures against art fraud and money laundering. Art for Fraud’s Sake – Fraud Intelligence Article by Christopher A. Noel Open Legal Insights Open August 2, 2022 1 minute read Sequor Law The glamorous, uber-wealthy, largely unregulated and opaque world of art dealing and collecting has intrinsic features that make it vulnerable to fraud. Christopher A Noel of Sequor Law sketches recent cases and legislative steps toward combating the problem. Andy Warhol is famously quoted as saying, “Art is what you can get away with.” Since the explosion of the contemporary art market during the past two decades, artists, collectors and fraudsters alike have embraced Warhol’s precarious perspective. The modern art market no longer exists in wood-panelled galleries lining the streets of London, Hong Kong and New York. Today’s collectors are mobile, purchasing artworks at all price points, sight unseen, during their commutes and while on holiday. These new business practices have had positive impact – UBS estimates that global art and antiquities sales in 2021 reached an estimated US$65.1 billion, surpassing even the peak sales figures seen in 2019. Click here to read the full article online. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as. Firm News Jan 13, 2026 2 minutes read Sequor Law Expands Washington, D.C. Office with Addition of David Short Sequor Law expands its Washington, D.C. office with the addition of David Short, strengthening its cross-border litigation, asset recovery. Firm News Jan 12, 2026 2 minutes read Sequor Law Expands Asset Recovery Practice With the Addition of Attorneys Michael Hanlon and Noah Rosenblum Sequor Law is pleased to announce that Michael Hanlon and Noah Rosenblum have joined the firm as attorneys further strengthening the firm’s. Attorney Spotlight Oct 9, 2025 2 minutes read Attorney Spotlight – Get to Know David Short 1. What inspired you to pursue a law career? I don’t think that it was a matter of inspiration, but of choice – I wanted a career that.

Sequor Law promotes Joseph Rome to Counsel, recognizing his expertise in asset recovery, anti-corruption, international litigation, and cross-border insolvency across global jurisdictions. Sequor Law Announces Promotion of Attorney Joseph Rome to Counsel Open Firm News Open April 2, 2024 2 minutes read Sequor Law Miami, FL – April 2, 2024 – Sequor Law is proud to announce the promotion of Joseph Rome to the position of Counsel. Joseph, a talented attorney with the firm, has significantly contributed to Sequor Law, especially in the areas of asset recovery, corruption, proceeds of crime, international commercial litigation, and the enforcement of domestic and international judgments and arbitral awards. Joseph has represented a broad spectrum of clients, ranging from individuals and governments to entities involved in domestic and international judgment collection matters, cross-border insolvency proceedings under Chapter 15 of the U.S. Bankruptcy Code, actions to collect evidence for use in foreign proceedings under 28 U.S.C. § 1782, and various other commercial disputes. His practice encompasses a wide range of jurisdictions, showcasing his ability to navigate complex legal challenges across global landscapes. Before joining Sequor Law, Joseph served as an “A” level prosecutor for the Miami-Dade State Attorney’s Office, focusing on serious cases, including attempted murders, gun crimes, and serious sexual assaults. He has also worked for two AmLaw 200 law firms in New York and Miami, handling high-stakes litigation and arbitration matters for international corporations and high-net-worth individuals. Additionally, Joseph has contributed his expertise to externships with the Orleans Public Defenders and the U.S. Attorney’s Office for the Eastern District of New York, and a summer fellowship at the United Nations International Law Commission in Geneva. A graduate of New York University School of Law, Joseph has demonstrated a commitment to excellence throughout his career. He is fluent in English, Spanish, Mandarin, and Japanese, further enhancing his ability to serve a diverse clientele. Joseph is admitted to practice law in New York, Florida, S.D.N.Y, and the U.S. Courts of Appeals for the 1st, 5th, 6th, 9th, and 11th circuits. “Joseph’s promotion to Counsel reflects his outstanding legal expertise, dedication to our clients, and the substantial contributions he has made to the field of international law. He represents the high standards of professionalism and excellence we uphold at Sequor Law,” said Edward Davis, founding shareholder. Sequor Law’s commitment to fostering the growth and development of its attorneys is exemplified through Joseph’s progression within the firm. “His remarkable work ethic and comprehensive legal knowledge will continue to be tremendous assets to our firm and our clients,” added Founding Shareholder Gregory Grossman. For more information about Joseph B. Rome and Sequor Law, please visit www.sequorlaw.com. ****** Sequor Law is a Miami-based international law firm representing financial institutions, sovereign governments and state-owned enterprises, public and non-public companies, insolvency practitioners and individual clients in the areas of asset recovery, financial Fraud, Insolvency and financial services litigation. More information is available at www.sequorlaw.com Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as. Firm News Jan 13, 2026 2 minutes read Sequor Law Expands Washington, D.C. Office with Addition of David Short Sequor Law expands its Washington, D.C. office with the addition of David Short, strengthening its cross-border litigation, asset recovery. Firm News Jan 12, 2026 2 minutes read Sequor Law Expands Asset Recovery Practice With the Addition of Attorneys Michael Hanlon and Noah Rosenblum Sequor Law is pleased to announce that Michael Hanlon and Noah Rosenblum have joined the firm as attorneys further strengthening the firm’s. Attorney Spotlight Oct 9, 2025 2 minutes read Attorney Spotlight – Get to Know David Short 1. What inspired you to pursue a law career? I don’t think that it was a matter of inspiration, but of choice – I wanted a career that.

Sequor Law welcomes Alain M. Acanda, an attorney with experience in commercial litigation, § 1782 discovery proceedings, and international arbitration, strengthening the firm's asset recovery practice. Sequor Law Welcomes Attorney Alain M. Acanda to Its Expanding Asset Recovery Team Open Firm News Open May 12, 2025 2 minutes read Sequor Law Miami, Florida – May 13, 2025 – Sequor Law, a leading international firm in asset recovery and cross-border litigation, is pleased to announce the addition of Alain M. Acanda as an attorney, further strengthening the firm’s capabilities in asset recovery, creditors’ rights, and complex commercial litigation. Alain joins Sequor Law with a strong background in litigation from both state and federal court, with experience that includes drafting motions and pleadings in commercial and institutional arbitration and 28 U.S.C. § 1782 discovery proceedings. Before joining Sequor Law, Alain worked with specialist litigation firms where he handled matters involving commercial and international disputes and intellectual property. Alain earned his J.D. cum laude from Florida International University College of Law, where he was an active member and judge for the Moot Court team and served as vice president of both the Hispanic Law Student Association and the Caribbean Student Bar Association. He also received recognition as Best Respondent Brief and Quarterfinalist at the 2023 Billings, Exum & Frye National Moot Court Competition. “We continue to attract top-tier talent to meet the increasing demand for our services worldwide,” said Edward H. Davis Jr., Founding Shareholder of Sequor Law. “Alain brings exceptional research and writing skills, along with a sharp understanding of asset recovery frameworks.” “His addition reflects our commitment to growing a deep bench of multilingual, globally-minded litigators,” added Gregory S. Grossman, Sequor Law Founding Shareholder. Admitted to practice in Florida and the U.S. District Court for the Southern District of Florida, Alain is fluent in both English and Spanish, enhancing the firm’s ability to serve a diverse and international client base. This appointment marks another milestone in Sequor Law’s strategic growth as it continues to represent sovereign governments, insolvency practitioners, financial institutions, and corporations across jurisdictions. For more information, visit: www.sequorlaw.com *** Sequor Law is an international law firm focusing on representing victims of financial fraud, including sovereign governments and state-owned enterprises, public and non-public companies, insolvency practitioners, and all manner of clients in the areas of asset recovery, financial fraud, cross-border insolvency, and international litigation and arbitration. www.sequorlaw.com . Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as. Firm News Jan 13, 2026 2 minutes read Sequor Law Expands Washington, D.C. Office with Addition of David Short Sequor Law expands its Washington, D.C. office with the addition of David Short, strengthening its cross-border litigation, asset recovery. Firm News Jan 12, 2026 2 minutes read Sequor Law Expands Asset Recovery Practice With the Addition of Attorneys Michael Hanlon and Noah Rosenblum Sequor Law is pleased to announce that Michael Hanlon and Noah Rosenblum have joined the firm as attorneys further strengthening the firm’s. Attorney Spotlight Oct 9, 2025 2 minutes read Attorney Spotlight – Get to Know David Short 1. What inspired you to pursue a law career? I don’t think that it was a matter of inspiration, but of choice – I wanted a career that.

Sequor Law's Leyza B. Florin chairs the Lawyers Advisory Committee for the Southern District of Florida Bankruptcy Court, linking judges and practitioners to improve bankruptcy practice across the district. Lawyers Advisory Committee Open Awards & Recognition Open September 16, 2019 3 minutes read Sequor Law By: Guest Contributor Leyza B. Florin , Chair Lawyers Advisory Committee The Lawyers Advisory Committee (LAC) for the Southern District of Florida Bankruptcy Court was formed in 2018 to provide a forum for communication, feedback, and resources between the judges and the bar. Its purpose includes regularly soliciting the bar for commentary regarding bankruptcy practice and receiving requests from the court to consider issues arising from the practice of law before the Court. The LAC may recommend changes in the practice and procedures throughout the district and also acts as a liaison between the Court and the practitioners. In addition, the LAC is charged with the development, implementation, and maintenance of bankruptcy-related programs in the district as requested by the Court. To view samples of issues addressed by the LAC, please visit the LAC web page to view meeting minutes. The LAC is only as successful as the bankruptcy bar makes it. We are dependent on you to contact LAC members with any concerns or suggestions that you might have about bankruptcy practice in our district. The success of our bankruptcy practice in the Southern District of Florida is our absolute priority. If you have any recommendations which will improve the Court’s administration of justice, please reach out to a member of the LAC or contact us at LAC@flsb.uscourts.gov . We encourage you to participate by submitting feedback for consideration and assist the LAC in making our bankruptcy practice in the Southern District of Florida the best it can be. BANKRUPTCY RULES AND FORMS ARE AMENDED EFFECTIVE 12/1/19 Amendments to the federal rules and forms scheduled to take effect 12/1/19 and can be reviewed at the U.S. Courts website at these links: Pending Rules and Forms Amendments Pending Changes in Bankruptcy Forms If any of the above amendments necessitate changes in this court’s local rules, local forms, court guidelines, clerk’s instructions or any other local documents, notice will be provided prior to the December 1, 2019, effective date of the bankruptcy rules and forms amendments. COURT GUIDELINES FOR ATTORNEYS FOR CHAPTER 13 DEBTORS AMENDED Please take notice that the “Guidelines for Compensation for Professional Services or Reimbursement of Expenses by Attorneys for Chapter 13 Debtors Pursuant to Local Rule 2016-1(B)(2)(a)” have been amended to reflect an increase in the compensation fee that an attorney may charge without application to the court. The “no-look” fee will increase from $3,500 to $4,500 for all cases filed under or converted to chapter 13 on or after September 1, 2019. A Public Notice and amended “Guidelines” are currently posted on the court website. PROPOSED AMENDMENT TO THE FEDERAL RULES PUBLIC COMMENT PERIOD CLOSES FEBRUARY 19, 2020 On August 19, 2019, the Judicial Conference Advisory Committees on Appellate, Bankruptcy, and Civil Rules published proposed amendments to their respective rules and forms and requested that the proposals be circulated to the bar and public for comment. Appellate Rules: 3, 6, 42, and Forms 1 and 2; Bankruptcy Rules: 2005, 3007, 7007.1, and 9036; Civil Rule: 7.1 The proposed amendments, rules committee reports explaining the proposed changes, and instructions on how to submit comments are posted on the U.S. Courts website at: Proposed Amendments Published Comments The public comment period closes on February 19, 2020. If approved, the amendments would become effective December 1, 2021. Click here to read the full article. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as. Firm News Jan 13, 2026 2 minutes read Sequor Law Expands Washington, D.C. Office with Addition of David Short Sequor Law expands its Washington, D.C. office with the addition of David Short, strengthening its cross-border litigation, asset recovery. Firm News Jan 12, 2026 2 minutes read Sequor Law Expands Asset Recovery Practice With the Addition of Attorneys Michael Hanlon and Noah Rosenblum Sequor Law is pleased to announce that Michael Hanlon and Noah Rosenblum have joined the firm as attorneys further strengthening the firm’s. Attorney Spotlight Oct 9, 2025 2 minutes read Attorney Spotlight – Get to Know David Short 1. What inspired you to pursue a law career? I don’t think that it was a matter of inspiration, but of choice – I wanted a career that.

Sequor Law's Nyana Miller is selected for the International Insolvency Institute's NextGen Leadership Program Class X, recognized as a future expert in international insolvency. Nyana Miller announced as a member of Class X for the NextGen Leadership Program Open Awards & Recognition Open November 4, 2021 1 minute read Sequor Law November 4, 2021 | Stanardsville, Virginia Nyana Miller was nominated by Members of the International Insolvency Institute (III), approved by the III Executive Committee and recognized by the III Bo ard of Directors. The NextGen Class X was honored at the III’s 21st Annual Conference in New York, NY on October 18-20, 2021. These professionals represent the best of the future experts in International Insolvency. The NextGen Leadership program was established in 2012 to create an interesting, informative and valuable environment for younger professionals and academics which will provide them with an opportunity to liaise with the best people in the world in the insolvency area, the Members of the International Insolvency Institute. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as. Firm News Jan 13, 2026 2 minutes read Sequor Law Expands Washington, D.C. Office with Addition of David Short Sequor Law expands its Washington, D.C. office with the addition of David Short, strengthening its cross-border litigation, asset recovery. Firm News Jan 12, 2026 2 minutes read Sequor Law Expands Asset Recovery Practice With the Addition of Attorneys Michael Hanlon and Noah Rosenblum Sequor Law is pleased to announce that Michael Hanlon and Noah Rosenblum have joined the firm as attorneys further strengthening the firm’s. Attorney Spotlight Oct 9, 2025 2 minutes read Attorney Spotlight – Get to Know David Short 1. What inspired you to pursue a law career? I don’t think that it was a matter of inspiration, but of choice – I wanted a career that.

An overview of 28 U.S.C. § 1782, one of the most powerful discovery tools available to foreign litigants, allowing evidence gathering in US federal courts for use in international proceedings. Section 1782 Remains One of the Most Powerful Discovery Tools as Appellate Courts Uphold its Use in Aid of Private Commercial Arbitration Open Legal Insights Open June 10, 2020 4 minutes read Sequor Law 28 U.S.C. § 1782, known colloquially as “Section 1782,” is a federal statute that allows foreign litigants and interested persons to request judicial assistance from U.S. federal courts to obtain evidence for use in a proceeding in a foreign or international tribunal. Section 1782 is highly relevant to a wide array of legal practitioners, both within and outside the U.S., as federal courts have concluded that evidence obtained through Section 1782 may be used in civil, criminal, probate, bankruptcy, marital, administrative, and regulatory cases. In short, if your client is not using Section 1782 as part of its litigation strategy, there is a good chance that your client’s opponent is using it to your client’s disadvantage. Section 1782 is an alternative to the slower, and oftentimes cumbersome, cross-border discovery mechanisms such as letters rogatory and diplomatic or consular channels, because it can be pursued directly by the litigant or interested party without the involvement of the foreign court or tribunal or of the governmental authorities making up the traditional channels. Section 1782 was enacted decades ago and was revised extensively in 1964, but its widespread use did not take off until after the U.S. Supreme Court’s 2004 ruling in Advanced Micro Devices, Inc. against Intel Corp. , or “Intel” as the seminal decision is widely known. In the Intel case, the Supreme Court clarified the statutory requirements that an applicant has to satisfy to obtain evidence using Section 1782 as well as a number of discretionary factors courts should also consider. If the applicant is successful, it can obtain U.S.-style discovery from persons or entities located where the application is filed (in the form of site inspections, requests for production of documents, or deposition testimony under oath) for use in the foreign proceeding. Typical Section 1782 subpoena targets include businesses (including affiliated companies and subsidiaries), financial institutions, professionals such as lawyers and accountants, brokers, escrow agents, art galleries and auction houses, former employees, and many more. This incredibly powerful tool can also be pursued on an ex parte basis (at least initially) and does not require the applicant to prove that she has exhausted her domestic evidence gathering tools in the foreign case or, significantly, that the evidence will be admissible in the foreign proceeding. One issue that has been contested since Intel was decided is whether Section 1782 can be used in support of a private commercial arbitration (as opposed to treaty-based arbitrations where the use of Section 1782 is clearly supported by the applicable case law). Recently, the Sixth Circuit and Fourth Circuit Courts of Appeals broke with the Second and Fifth Circuits and determined that interested parties may rely on Section 1782 to obtain evidence for use in a privately constituted international arbitration proceeding. In September 2019, the Sixth Circuit analyzed the definition and interpretation of the word “tribunal” at length (relying on the ordinary meaning of the word, several dictionary definitions, the use of the word in legal writing, and an examination of the statute’s text, context and structure) and held that the language of Section 1782 unambiguously “includes private commercial arbitral panels established pursuant to contract and having the authority to issue decisions and bind the parties.” Abdul Latif Jameel Transportation Co. Ltd. v. FedEx Corp. , 939 F.3d 710, 723 (6th Cir. 2019). A few months later, the Fourth Circuit followed. In March 2020, the Fourth Circuit agreed that private arbitral tribunals are “foreign tribunals” within the meaning of Section 1782, and rejected a litany of policy arguments advanced by the respondent. Servotronics, Inc. v. Boeing Co. , 954 F.3d 209 (4th Cir. 2020). Although district court decisions have been deeply divided on the issue since Intel, there is now strong momentum gathering at the appellate level favoring the use of Section 1782 in aid of private commercial arbitration. For example, California district courts had uniformly followed the Second and Fifth Circuits in holding that an applicant may not obtain evidence through Section 1782 for use in a private commercial arbitration—until recently. In February 2020, a federal court in the Northern District of California adopted the reasoning and conclusion of the Sixth Circuit’s decision regarding Section 1782’s application to private international arbitration. HRC-Hainan Holding Company, LLC v. Yihan Hu , No. 19-mc-80277, 2020 WL 906719 (N.D. Cal. Feb. 25, 2020). That case is now on appeal, and the Ninth Circuit is positioned to rule on the issue. In sum, the already powerful Section 1782 has seen its applicability bolstered by two of the highest courts in the U.S. indicating that Section 1782 will remain an indispensable tool in any international lawyer’s toolbox for the foreseeable future. About the authors: Arnie Lacayo ( alacayo@sequorlaw.com ) is a Shareholder and Cristina Vicens ( cvicens@sequorlaw.com ) is an Attorney at Sequor Law. Lacayo and Vicens focus their practices on investigations, financial fraud and corruption-related asset recovery cases, as well as cross-border insolvency. Both Lacayo and Vicens have extensive experience with the Section 1782 statute, including in some of the most-cited cases in the U.S. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as. Firm News Jan 13, 2026 2 minutes read Sequor Law Expands Washington, D.C. Office with Addition of David Short Sequor Law expands its Washington, D.C. office with the addition of David Short, strengthening its cross-border litigation, asset recovery. Firm News Jan 12, 2026 2 minutes read Sequor Law Expands Asset Recovery Practice With the Addition of Attorneys Michael Hanlon and Noah Rosenblum Sequor Law is pleased to announce that Michael Hanlon and Noah Rosenblum have joined the firm as attorneys further strengthening the firm’s. Attorney Spotlight Oct 9, 2025 2 minutes read Attorney Spotlight – Get to Know David Short 1. What inspired you to pursue a law career? I don’t think that it was a matter of inspiration, but of choice – I wanted a career that.

The foreign representative of bankrupt Brazilian businessman Daniel Birmann, accused of concealing assets and smuggling a $30M yacht into Brazil, files Chapter 15 recognition proceedings in Miami. Foreign representative of Brazilian businessman accused of smuggling yacht files Chapter 15 in Miami Open In the News Open November 9, 2018 3 minutes read Sequor Law By Benjamin Clarke The foreign representative of a long-time bankrupt businessman accused of concealing his assets and smuggling a US$30 million yacht into Brazil has filed Chapter 15 recognition proceedings in Miami. On 8 November, Fernando Correia of Rio de Janeiro-based Carlos Magno Nery & Meiros filed a petition in the US Bankruptcy Court for the Southern District of Florida, asking the court to recognize the Brazilian involuntary liquidations of copper manufacturer SAM Indústrias, its parent company Boulder Participações, and Boulder’s majority shareholder Daniel Birmann. Birmann and the two companies have been in insolvency proceedings for over a decade, after SAM defaulted on 40.1 million reais (US$14.5 million) worth of debentures back in December 2004. Back then a Rio court issued a bankruptcy order against SAM under the Brazilian Bankruptcy Law after it also closed down its principal place of business. Private pension fund Braslight, which held the defaulted notes, filed a petition for the involuntary liquidation of SAM and asked the court to extend the order to Boulder and Birmann – as the ultimate beneficial owner of the companies. The Brazilian court found that SAM’s main assets were 135 million reais (US$36.05 million) worth of loans to Boulder, and made the requested order in February 2008. The court said that Birmann had caused SAM’s collapse by transferring all of its available funds to Boulder and leaving it without sufficient liquid assets to pay creditors. Boulder then used the funds to make additional intercompany loans to Brazilian bank Banco Arbi, which is owned by Birmann’s family. Braslight was made the judicial administrator by the court, but last year Head Judge Maria Ruckerreplaced the pension fund with Carlos Magno, noting the proceedings had “not had an actual solution for several years”. Fraudulent transfers As well as the bankruptcy proceedings, the Brazilian Securities Exchange Commission (CVM) also launched an action against Birmann. According to a declaration filed by Correia in the US court, the CVM found that the loans extended to Banco Arbi were contracted under much more favorable conditions than those offered by the market and concluded that Birmann’s actions were an “abuse of control”. It imposed a fine of 234 million reais (US464.88 million) on Birmann – “the largest fine ever imposed to an individual by the CVM” according to Correia. “During the bankruptcy proceedings, Daniel Birmann was required to disclose of his assets to the Brazilian court, which he has failed to do,” Correia says. “Instead, it appears that he has fraudulently transferred assets to his family members in order to avoid enforcement of the bankruptcy order and to conceal his assets from creditors. Brazil’s department of revenue discovered a further attempt to hide assets in 2012 when it seized a yacht called “Big Aron” in the city of Salvador. The yacht was registered in the name of Isle of Man-incorporated company Tango Bravo, which had applied for a tax-free admission on the grounds it was a non-resident. But the authorities suspected that Brazilian resident Birmann was the actual owner and concluded that with Tango Bravo he had “smuggled” the yacht into the country. The name “Big Aron” caught the attention of the authorities because Birmann’s father was named “Aron Birmann” and, upon further analysis, the department of revenue learned that Birmann and his family were consistently registered as guests on trips in Brazil and elsewhere. After conducting investigations, the CVM found that Tango Bravo was held by another entity in the Cayman Islands, which in turn was held by a Panama-incorporated entity with a single shareholder: Birmann’s mother. With a value of 60 million reais (US$30.1 million), the CVM sought to levy on the yacht and use the proceeds to pay off the fine it had imposed on Birmann. A federal judge in Rio, Judge Fatima Sequeira made such a seizure order in 2015. But the following year, the department of revenue discovered furniture and appliances had been “stolen” from the yacht and transported to a Banco Arbi address. Public prosecutors were informed, and a criminal lawsuit for embezzlement and misappropriation was filed against Birmann last year. With counsel from Gregory Grossman of Sequor Law , Correia filed the Chapter 15 proceedings in Miami “in furtherance of a worldwide pursuit of assets” to satisfy unpaid claims. Birmann has a Florida driver’s license listing an address in Florida, Correia says, and the debtors’ have assets located in the United States. Judge Robert Mark has listed the matter for a hearing on 4 December. In the United States Bankruptcy Court for the Southern District of Florida, Miami Division In re SAM Industrias S.A.; Boulder Participacoes LTDA; and Daniel Benasayag Birmann Judge Robert Mark Counsel to the foreign representative Sequor Law Partner Gregory Grossman with Nyana Miller in Miami Foreign representative to SAM Industrias, Boulder Participacoes and Daniel Birmann Carlos Magno Nery & Meiros Partner Fernando Correia in Rio de Janeiro To view full article, click here. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as. Firm News Jan 13, 2026 2 minutes read Sequor Law Expands Washington, D.C. Office with Addition of David Short Sequor Law expands its Washington, D.C. office with the addition of David Short, strengthening its cross-border litigation, asset recovery. Firm News Jan 12, 2026 2 minutes read Sequor Law Expands Asset Recovery Practice With the Addition of Attorneys Michael Hanlon and Noah Rosenblum Sequor Law is pleased to announce that Michael Hanlon and Noah Rosenblum have joined the firm as attorneys further strengthening the firm’s. Attorney Spotlight Oct 9, 2025 2 minutes read Attorney Spotlight – Get to Know David Short 1. What inspired you to pursue a law career? I don’t think that it was a matter of inspiration, but of choice – I wanted a career that.

Sequor Law's October 2020 quarterly newsletter featuring the latest news and updates from the firm's associate attorneys. October 2020 – Latest News from Our Associates Open Firm News Open October 1, 2020 1 minute read Sequor Law Click below to view the latest news from Sequor Law’s associates, and make sure you join our email list to receive future newsletters. News: Latest from our Associates Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as. Firm News Jan 13, 2026 2 minutes read Sequor Law Expands Washington, D.C. Office with Addition of David Short Sequor Law expands its Washington, D.C. office with the addition of David Short, strengthening its cross-border litigation, asset recovery. Firm News Jan 12, 2026 2 minutes read Sequor Law Expands Asset Recovery Practice With the Addition of Attorneys Michael Hanlon and Noah Rosenblum Sequor Law is pleased to announce that Michael Hanlon and Noah Rosenblum have joined the firm as attorneys further strengthening the firm’s. Attorney Spotlight Oct 9, 2025 2 minutes read Attorney Spotlight – Get to Know David Short 1. What inspired you to pursue a law career? I don’t think that it was a matter of inspiration, but of choice – I wanted a career that.

This note synthesizes major U.S. salvage cases to guide maritime treasure recovery disputes involving cultural property and lost treasure. Salvage at Your Own Peril: A Common Law Approach to Maritime Treasure Recovery Open Legal Insights Open October 1, 2014 1 minute read Sequor Law This note will form a prescriptive guide for future disputes based on significant cases brought in American courts regarding the salvage of wrecks containing cultural property and lost treasure. Open link here Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as. Firm News Jan 13, 2026 2 minutes read Sequor Law Expands Washington, D.C. Office with Addition of David Short Sequor Law expands its Washington, D.C. office with the addition of David Short, strengthening its cross-border litigation, asset recovery. Firm News Jan 12, 2026 2 minutes read Sequor Law Expands Asset Recovery Practice With the Addition of Attorneys Michael Hanlon and Noah Rosenblum Sequor Law is pleased to announce that Michael Hanlon and Noah Rosenblum have joined the firm as attorneys further strengthening the firm’s. Attorney Spotlight Oct 9, 2025 2 minutes read Attorney Spotlight – Get to Know David Short 1. What inspired you to pursue a law career? I don’t think that it was a matter of inspiration, but of choice – I wanted a career that.

Sequor Law attorneys Christopher A. Noel and Templeton N. Timothy examine recent legislation criminalizing the demand-side of international bribery and extortion in The Florida Bar's International Law Quarterly. Sequor’s Insights on International Anti-Bribery Legislation Open Legal Insights Open September 30, 2024 1 minute read Sequor Law Read Christopher A. Noel and Templeton N. Timothy’s article for The Florida Bar’s International Law Quarterly that examines recent legislation that criminalizes the demand-side of international bribery and extortion. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as. Firm News Jan 13, 2026 2 minutes read Sequor Law Expands Washington, D.C. Office with Addition of David Short Sequor Law expands its Washington, D.C. office with the addition of David Short, strengthening its cross-border litigation, asset recovery. Firm News Jan 12, 2026 2 minutes read Sequor Law Expands Asset Recovery Practice With the Addition of Attorneys Michael Hanlon and Noah Rosenblum Sequor Law is pleased to announce that Michael Hanlon and Noah Rosenblum have joined the firm as attorneys further strengthening the firm’s. Attorney Spotlight Oct 9, 2025 2 minutes read Attorney Spotlight – Get to Know David Short 1. What inspired you to pursue a law career? I don’t think that it was a matter of inspiration, but of choice – I wanted a career that.

Sequor Law welcomes Miguel E. Del Rivero, a former federal judicial clerk, focusing on international commercial litigation, asset recovery, and corruption and proceeds of crime recovery. Miguel E. Del Rivero Joins Sequor Law, Strengthening the Firm’s International Commercial Litigation and Asset Recovery Practice Open Firm News Open January 13, 2025 2 minutes read Sequor Law Sequor Law, a distinguished international law firm specializing in international litigation, asset recovery, representing victims of financial fraud, and cross-border insolvency, is pleased to announce that Miguel E. Del Rivero has joined the firm as an attorney. Miguel’s addition further enhances Sequor Law’s commitment to providing exceptional legal services in complex cross-border disputes and corruption matters. Miguel focuses his practice on international commercial litigation, asset recovery, and corruption and proceeds of crime recovery. Prior to joining Sequor Law, Miguel gained experience serving as a law clerk to the Honorable Aileen M. Cannon in the United States District Court for the Southern District of Florida and to the Honorable Jeffrey T. Kuntz at the Florida Fourth District Court of Appeal. During his clerkships, Miguel contributed to significant legal decisions in complex civil and criminal matters including legal research, drafting court orders, and managing extensive dockets. “We are excited to welcome Miguel to our growing team,” said Edward H. Davis Jr., Founding Shareholder of Sequor Law. “His judicial experience and dedication to excellence will be invaluable to our clients facing multifaceted international disputes. Miguel’s addition underscores our firm’s commitment to attracting top talent in the field of international litigation and asset recovery.” Miguel earned his Juris Doctor degree, cum laude, from the University of Miami School of Law, where he was recognized for his academic excellence and awarded the Dean’s Merit Scholarship and the prestigious Marco A. Vazquez Endowed Memorial Scholarship for litigation skills. He also served as a Vice President of the Charles C. Papy, Jr. Moot Court Board and gained practical experience through internships at boutique litigation firms and federal and state courts. “I am thrilled to join Sequor Law and contribute to the firm’s stellar reputation,” said Miguel E. Del Rivero. “I look forward to working alongside this distinguished team of attorneys and supporting our clients in achieving successful outcomes in their cases.” Miguel is a member of The Florida Bar. **** Sequor Law is an international law firm focusing on representing victims of financial fraud, including sovereign governments and state-owned enterprises, public and non-public companies, insolvency practitioners, and all manner of clients in the areas of asset recovery, financial fraud, cross-border insolvency, and international litigation and arbitration. For more information, please visit www.sequorlaw.com. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as. Firm News Jan 13, 2026 2 minutes read Sequor Law Expands Washington, D.C. Office with Addition of David Short Sequor Law expands its Washington, D.C. office with the addition of David Short, strengthening its cross-border litigation, asset recovery. Firm News Jan 12, 2026 2 minutes read Sequor Law Expands Asset Recovery Practice With the Addition of Attorneys Michael Hanlon and Noah Rosenblum Sequor Law is pleased to announce that Michael Hanlon and Noah Rosenblum have joined the firm as attorneys further strengthening the firm’s. Attorney Spotlight Oct 9, 2025 2 minutes read Attorney Spotlight – Get to Know David Short 1. What inspired you to pursue a law career? I don’t think that it was a matter of inspiration, but of choice – I wanted a career that.