During the month of March, I’m offering Free online consultations to prospective overseas clients who have American business law problems including contract disputes, escrow deposit disputes, business entities, and business relationships.

Duration of online consultation: 20 minutes

The online consultation must be scheduled in advance. Send me an email (fredreilly@attorney-solicitor.com) with your contact information, the nature of your legal problem, and the best day/time to have a discussion.
I’ll then send you a confirmation email.

I use Skype in my online consultations instead of a conventional telephone call. Skype enables me to do either video calls or voice calls. Plus, the call is Free when both you and I use Skype. If you don’t have Skype, it can be easily downloaded at www.skype.com. My Skype user name is fred.reilly

In these tough economic times, you have to work harder than ever to make a profit.

Fred Reilly, American Attorney and English Solicitor, will present an online seminar “Make More Money – 15 Internet Business Strategies You Can Start Using Today” The free online seminar will address 15 specific internet business strategies that you can start using today to make more money:

* These strategies are either no cost or nominal cost.

* Attract new customers and increase your business with existing customers.

* These strategies are simple, easy to implement and don’t require extensive time or expertise.

* Learn how to differntiate your business from your competitors.

* Make more money.

SEMINAR DETAILS

Date: Sunday, March 14, 2010

Time: 2:00 PM (EST) (7:00 PM GMT (London))

Location: Online at www.gotomeeting.com GoToMeeting is a Web conferencing tool that allows attendees to meet online rather than in a conference room.

Duration: One hour including a Question and Answer period at the conclusion of the seminar.

Who should attend? Entrepreneurs, eCommerce business owners, traditional business owners, and managers.

Seminar materials: On the day of the seminar, attendees will receive an outline (via email) that includes valuable strategies, tips, and resources.

SIGN UP

This seminar is free, but attendance will be limited to the first twelve attendees. To reserve your place, send an email to:

fredreilly@attorney-solicitor.com

Please include your name, title, company, and the reference “Seminar.” You will receive a Confirmation email containing simple instructions for using GoToMeeting, the seminar link and Meeting ID Code.

Privacy Notice. We respect your privacy. Your contact information will never be shared with or sold to anyone. Period.

ABOUT FRED REILLY

Fred Reilly has been an attorney since 1986. He’s licensed to practice law:

• In California, the District of Columbia, and Florida.

• As an English Solicitor (member of The Law Society of England and Wales).

• Before the United States Supreme Court.

• Before the United States Court of International Trade.

Fred graduated from:

• The London School of Economics and Political Science (LL.M. in International Business Law).

• Cumberland School of Law at Samford University (J.D. and Associate Editor of The Cumberland Law Review).

• Purdue University (B.S. in Management).

CONTACT INFORMATION

Fred Reilly, Esquire*
Reilly International Law Firm, P.A.
P. O. Box 2039
Haines City, FL 33845 USA
Tel. (310) 927-3954
Fax. (863) 439-5017
Email: fredreilly@attorney-solicitor.com
Web: www.attorney-solicitor.com

The hiring of an attorney is an important decision and you should not rely upon advertising alone. We urge you to review our professional qualifications and/or request a copy of our firm resume. Nothing herein is intended to constitute legal advice regarding any specific problem.

The purpose of this article is to explain Presuit Mediation and how inclusion of a Presuit Mediation provision in your business contract can help you avoid costly litigation in the future.

A. What is Presuit Mediation?

Presuit Mediation is an informal process where the parties meet with an impartial mediator in an attempt to address disputes and reach a mutual agreement resolving the disputes.

Section 44.1011(2), Florida Statutes, defines “mediation” as a process whereby a neutral third person called a Mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties. The role of the Mediator, includes, but is not limited to, assisting the parties and identifying issues, fostering joint problem-solving and exploring settlement alternatives.

Presuit Mediation has significant advantages over court-ordered mediation. Presuit Mediation occurs before costly litigation has ever been commenced and is handled outside the judicial system. Unlike court-ordered mediation, Presuit Mediation is not required to comply with the Florida Statutes and the Florida Rules of Civil Procedure requirements.

In addition, communications between the parties in a Presuit Mediation are entitled to confidentiality protections.

B. What are the compelling reasons for Presuit Mediation?

1. Cost. As a business person, would you rather (a) initiate and conduct an informal mediation conference within thirty days of a dispute arising, or (b) write the check for a team of attorneys to litigate the dispute over the course of the next year?

2. Speed. In the Presuit Mediation provision, the parties can specify the time period in which the mediation conference will be initiated. For example, the parties can specify that the conference will be held within thirty days of a party requesting mediation.

3. Informality. The mediation conference can be held in one of the parties’ offices or in the conference room of the mediator. Contrast one of these informal settings with the formality of an imposing courtroom complete with attorneys, a judge and jury.
4. The parties control the process. In a mediation conference, the parties are at liberty to tell their stories and negotiate a resolution in an informal, private setting without a judge or rigid rules dictating the process.

5. Confidential. A trial is open to the public. A mediation conference is a private meeting in which the parties are obligated to maintain confidentiality.

C. How is Presuit Mediation implemented?

The parties can simply include a Presuit Mediation provision when negotiating the terms of a business contract.

The Presuit Mediation provision should address how the mediator is selected, how the mediation conference will be conducted, payment of the mediator’s fees, what happens if no agreement can be reached, and the confidentiality of the parties.

When drafting the Presuit Mediation provision, its also important to consider an arbitration provision or choice of forum provision (in the event the mediation ends with an impasse), and the choice of law that will govern the contract.

D. Is it expensive to have an attorney prepare a Presuit Mediation provision for inclusion in your business contracts?

No. To draft a Presuit Mediation provision that you can include in all your business contracts, I charge a flat fee of US$275.00.

ABOUT THE AUTHOR

Fred Reilly’s law practice includes advising clients on international business transactions, corporations, contractual issues, real estate transactions, civil litigation and administrative proceedings.

Fred has been an attorney for more than 20 years. He is licensed to practice law in California, District of Columbia, Florida and as an English Solicitor. He has been admitted to practice before the United States Supreme Court and the United States Court of International Trade. Fred graduated from the London School of Economics and Political Science (LL.M. in International Business Law), Cumberland School of Law at Samford University (J.D. and Associate Editor of The Cumberland Law Review) and Purdue University (B.S. in Management). Fred spends time each month in Los Angeles and Central Florida. He is a member of The Beverly Hills Bar Association.

DISCLAIMER: This article and its content are intended to provide general information on legal topics and shall not serve as a solicitation for services in any jurisdiction where prohibited by law. This article is not, nor is it intended to be used as a substitute for legal advice. You should consult an attorney for individual advice concerning your own situation. Sending an email to the owner of this website, and receiving any response thereto, does not, in and of itself, create an attorney-client relationship.

© Copyright 2010 by Fred Reilly. All rights reserved.

In the last two years, the global recession has taken a tremendous toll on many international investors who established business relationships with American companies. Unfortunately, numerous monetary losses could have been prevented if the international investor had conducted due diligence prior to entering into a business relationship with the American entity.

In my law practice, I have seen a substantial increase in the volume of cases where United States developers, investment partners, and business partners have either misrepresented the status of their entity or committed outright fraud concerning the status of their entity.

The purpose of this article is to explain the basic due diligence steps that an international investor should take to check out their prospective American business partner.

WHY ITS IMPORTANT TO CONDUCT DUE DILIGENCE

If you really don’t know who you’re going into business with, then you’re setting yourself up for disaster. For the international investor, there are many compelling reasons why its important to conduct due diligence:
1. If the entity doesn’t exist, a contract entered into with the non-existent legal entity is generally void.
2. Confusion about the name and status of a legal entity can lead to expensive legal wrangling and protracted disputes.
3. A mistake about the business entity that you’re contracting with could make it difficult – if not impossible to both protect and enforce your legal rights.
4. If you don’t have clarity about who you’re doing business with, you may transfer money to unsavory individuals that steal you blind.

AVOID CONFUSION

International investors frequently fail to obtain the exact name of a business entity. This simple mistake inevitably leads to much confusion. For example, many investors would fail to distinguish the difference between “Corporation, Inc.” and “Corporation, LLC” because it is very easy to focus solely on the word “Corporation.” In reality, “Corporation, Inc.” and “Corporation, LLC” are two separate and distinct legal entities.

The best way to avoid confusion is to (i) get the exact legal name of the business entity, and (ii) identify the jurisdiction in which the entity was created/registered.

CONFIRM THAT THE ENTITY ACTUALLY EXISTS

Legal entities in the United States are largely governed by the laws of the individual state where the entity was created and registered. If you know the exact legal name of the business entity and the state in which it was created/registered, it is easy to confirm that the entity exists and its corporate status.

For example, to determine the status of a Florida entity, go to the Florida Secretary of State’s Division of Corporations website (http://sunbiz.org). At this site you can conduct a search by the entity’s name for corporation, limited liability company, partnership, etc.

While on the site, you can also check to confirm the names of the officer and directors of a corporation, the names of the managing members of a limited liability, the names of the partners of a partnership, etc. This information is crucial for an international investor because its important to know which individuals have the legal authority to contractually bind the business entity.

OBTAIN QUALIFIED LEGAL ADVICE

Get sound legal advice. I know that statement sounds self-serving, but it is certainly not meant that way. An qualified and experienced attorney can save an international investor much heartache and huge potential losses. Having worked as an attorney since 1986, I have seen many scams, frauds, and ill-advised transactions. Like my colleagues who advise international investors on a regular basis, I know how to turn over the relevant rocks.

Bottom line – don’t get into business with someone that you don’t know. At the very least, conduct some basis due diligence to ensure that the business entity that you may do business with is the real thing and their representations are accurate.

By Fred Reilly, American Attorney and English Solicitor.

Judgment debtors often think they can avoid payment of a judgment entered by a out-of-country foreign court by escaping and relocating their assets to Florida. They can run, but fortunately they can’t hide – there’s an important statutory process that enables creditors to enforce money judgments rendered by a foreign court in Florida.

The purpose of this article is to address the most important questions about enforcing an out-of-country foreign money judgment in Florida.

1. Can an out-of-country judgment rendered against a company or individual be enforced in Florida?

Yes. For example, a foreign money judgment entered in the United Kingdom against a company or individual (the judgment debtor) can be filed in Florida using the Uniform Out-Of-Country Foreign Money Judgment Recognition Act (“the Act“). Once properly filed, the judgment can be enforced against the Florida assets of the judgment debtor.

2. What is an “out-of-country foreign judgment”?

It is any judgment of a foreign state (e.g., the United Kingdom, Ireland, the Netherlands, etc.) granting or denying recovery of a sum of money, other than a judgment for taxes, a fine, or other penalty.

3. When does the Act apply?

The Act applies to any out-of-country foreign judgment that is final and conclusive and enforceable where rendered, even though an appeal may be pending or may be filed.

4. What is the process for obtaining recognition of an out-of-country judgment?

Florida law states that an out-of-country judgment is conclusive between the parties to the extent that it grants or denies recovery of a sum of money.

Florida’s statutory procedure for obtaining recognition of an out-of-country judgment requires that the judgment and an affidavit be filed with the clerk of the court and recorded in the public records in the county or counties where enforcement is sought.
After recording the judgment and affidavit, the clerk of the court mails a notice to the judgment debtor.

The judgment debtor has thirty (30) days after service of the notice to file an objection with the clerk specifying the grounds for non-recognition or non-enforceability.

Upon entry of a court order recognizing the out-of-country judgment or upon recording of a clerk’s certificate that no objection has been filed, the judgment shall be enforced in the same manner as if it was the judgment of a Florida court and shall create a lien on real estate in the county where recorded.

5. What are the grounds for non-recognition of an out-of-country judgment?

An out-of-country judgment is not conclusive if the judgment was rendered by an impartial tribunal, the foreign court did not have personal jurisdiction over the defendant, or the foreign court did not have jurisdiction over the subject matter.

There are eight (8) specific instances when an out-of-country judgment may not be recognized by a Florida court. The three most likely instances are that the judgment was obtained by fraud, the cause of action on which the judgment was based is repugnant to the public policy of Florida, and the judgment conflicts with another final and conclusive order.

6. What are the costs of this process?

The costs include the fees for filing/recording the judgment with the clerk of the court and the certified mail expenses of sending the mandatory notification to the judgment debtor.

Since the total attorney fees will largely depend on whether the judgment debtor fights the recognition process, I would charge my client on an hourly basis (US$247 per hour) and require a minimum retainer of US$2,500.

ABOUT THE AUTHOR

Fred Reilly’s law practice includes advising clients on international business transactions, corporations, contractual issues, real estate transactions, civil litigation and administrative proceedings.

Fred has been an attorney for more than 20 years. He is licensed to practice law in California, District of Columbia, Florida and as an English Solicitor. He has been admitted to practice before the United States Supreme Court and the United States Court of International Trade. Fred graduated from the London School of Economics and Political Science (LL.M. in International Business Law), Cumberland School of Law at Samford University (J.D. and Associate Editor of The Cumberland Law Review) and Purdue University (B.S. in Management). Fred spends time each month in Los Angeles and Central Florida. He is a member of The Beverly Hills Bar Association.

DISCLAIMER: This article and its content are intended to provide general information on legal topics and shall not serve as a solicitation for services in any jurisdiction where prohibited by law. This article is not, nor is it intended to be used as a substitute for legal advice. You should consult an attorney for individual advice concerning your own situation. Sending an email to the owner of this website, and receiving any response thereto, does not, in and of itself, create an attorney-client relationship.

© Copyright 2009 by Fred Reilly. All rights reserved.