Tag Archive for: dam
Sequor Law’s Summer Series Podcasts/0 Comments/in News Release /by Jacques Hart
In this series, our distinguished Sequor Law attorneys sit down with other subject-matter experts to discuss cutting-edge legal issues, from the recovery of cryptocurrency to the psychology behind financial fraud to uncovering nominees and other aiders and abettors.
See below our upcoming podcasts for the month of August.
Hot Topics in Cross Border Insolvency
with Sequor Counsel Nyana Abreu Miller
August 19, 2021
Expert Guest Speakers:
Sarah Murray, Head of Dispute Resolution, Stevens & Bolton (UK)
Felipe Vieira, Attorney, Duarte Forssell Advogados (Brazil)
In this podcast episode, three lawyers specializing in cross-border insolvency and litigation discuss recent developments in the United States, Great Britain, and Brazil. A Brazilian lawyer will discuss Brazil’s recent implementation of the UNCITRAL Model Law on Cross-Border Insolvency. An English solicitor will look at remedies available in the English courts to support efforts to recover assets, in accordance with the principles in the Model Law and more generally through Mareva/freezing injunctions and Norwich Pharmacal Orders. A U.S. lawyer will address the treatment of corporate groups in cross-border cases and recent decisions of interest arising under the Model Law.
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The Effect of the General Data Protection Regulation on Discovery
with Sequor Attorney Amanda Finley
August 25, 2021
This podcast episode will discuss the case law regarding the GDPR as interpreted under U.S. law. It will address the various approaches that U.S. courts have taken in response to objections to discovery based on the GDPR. Finally, it will address practical actions that both plaintiff and defense counsel may take in order to resolve these disputes effectively.
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The Tangled Web They Weave: Detangling the Web of Nominees, Aiders and Abettors
with Sequor Attorney Carolina Goncalves and
Director of Investigations Barbara Miranda
August 31, 2021
Expert Guest Speaker:
Julieta LaMalfa, Director of Disputes, Compliance & Investigations, Stout (US)
The use of nominees, aiders and abettors to transfer and hide assets is common throughout all jurisdictions. Moreover, each jurisdiction has different levels of public records and information available to identify the ultimate beneficial owners of assets as well as laws related to piercing through these facades to ultimately access the assets of the debtor. With this in mind, this podcast is meant to give an introduction into the types of nominees, aiders and abettors, how to identify them, the availability of records reflecting ultimate beneficial ownership in various jurisdictions, and potential legal tools to use once you have sufficient evidence to show a judge that these individuals and/or entities are in fact nominees, aiders and/or abettors of the debtor.
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Just Say No: Discovery in Chapter 15 Bankruptcies is Asymmetrical/0 Comments/in News Release /by Jacques Hart
By: Dan Coyle
Foreign Representatives in Chapter 15 petitions are specifically permitted to conduct discovery to locate the debtor’s assets within the United States to increase estate and creditor recoveries in the overseas proceedings and to probe the debtor’s affairs, rights, obligations or liabilities. In the U.S. ancillary proceeding, the Foreign Representative will encounter resistance and other entities may seek to propound subpoenas under Fed. R. Bankr. 2004. Sometimes, these entities are creditors who seek information relevant to their claim or assets available to pay the same. Other times, these entities are subpoena targets who seek to gain a peek into the Foreign Representative’s search, seek to distract and/or delay the Foreign Representative from the asset search, or who seek to “punish” the Foreign Representative. The Foreign Representative may be able to avoid responding to such requests by moving for protective order or to quash the subpoena based upon 11 U.S.C. 1521(a)(4) and/or Rule 2004(a). The arguments are based upon: 1) the language of 1521(a)(4) and two canons of statutory construction, or, alternatively; 2) interpretive case law under Rule 2004 as to the requirements to show a “pecuniary interest” in a case.
Read the original article here.
Attorney Spotlight: Juan Mendoza/0 Comments/in News Release /by Jacques Hart
Our Sequor Law attorneys are some of the best in the industry. That’s why we’ve created the Attorney Spotlight, a monthly series that gives you a glimpse into the lives of our attorneys and their unique insights. To kick off our series, we interviewed Juan Mendoza.
What inspired you to study law?
It was really a collection of moments that inspired me to pursue law. When I was younger, I was very indecisive about what I wanted to do. I studied economics and finance during college because I enjoyed business and I liked to understand how things worked. I was even interested in pursuing engineering at one point, but it wasn’t until I took a law class that I started to develop an interest. At the time, I was part of the Honors College at Arizona State University, and they allowed me to take graduate coursework such as health law and the philosophy of law. I fell in love with the problem-solving aspect, the fact that it was intellectually fulfilling, and that I was able to help people in the process. For me, trying different things was the key to helping me discover what was the best fit for my personality.
What practice areas do you focus on?
I focus on domestic and cross-border bankruptcy and commercial litigation. Typically, these are cases involving fraud allegations.
What is most exciting to you about being a lawyer in this day and age?
In this day and age, everything is so expeditious. With phone and email, everyone expects you to answer quickly, and during the COVID-era, the legal industry has learned to adapt. Many judges are now holding remote hearings and actually prefer it to in-person hearings. Clients also understand that zoom is king, so most of them want to have meetings over video. This has opened up opportunities to network and interact with professionals and potential clients, no matter where we live.
In the case of cross-border insolvencies, I’ve also seen exciting developments in the interconnectivity of businesses and the legal framework. Due to the model law, we now have a mechanism that recognizes cross-border insolvency cases. I’ve also noticed that many other countries have implemented similar frameworks that allow them to recognize and assist U.S. bankruptcy cases in foreign jurisdictions. This will lead to more coordination, cooperation, and helps us know what to expect.
What advice would you give to young attorneys?
- Always be a sponge. Whenever you have an assignment, learn as much as you can about the subject. Early on in your career, you have the luxury to be very thorough. Once you become more senior, people will expect you to know the answers off the top of your head and you won’t have the opportunity to research, so it is important to take advantage of this time.
- Find some mentors, both at your firm and outside your firm. Look for someone you can bounce ideas off of, ask questions, and get career guidance. But remember this goes both ways, so it is important to cultivate and nurture those relationships.
- Get involved. Find an organization or two that you want to be involved in and be active. Don’t just go to the meetings – partake in projects, get into leadership, and meet other members. This is especially helpful as a young attorney because you have the opportunity to build your network and learn from other attorneys.
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.
1111 Brickell Avenue
Miami, Florida 33131
Phone: (+1) 305-372-8282
Fax: (+1) 305-372-8202