Attention:
Card image cap

International Litigation


Level: Intermediate
Runtime: 83 minutes
Recorded Date: January 24, 2024
Click here to share this program
Printer-Friendly Version
Closed Caption

Agenda

  • Enforcing Your Cross-Border Judgment against a Recalcitrant Debtor: Marex, Smagin, and Beyond
  • Background
  • The Claim
  • The Tort
  • Jurisdiction
  • What claims will the development of the Marex Tort enable?
  • Enforcement of Judgments in the United States by Non-US Plaintiffs
  • Following the Supreme Court’s Decision in Yegiazarian v. Smagin
  • Developments in Judgment Enforcement Against Sovereigns
  • Venezuela/PDVSA/PDVH
  • Argentina/YPF
  • Haiti/Preble-Rish
  • The Miscellaneous Impact Of Foreign Orders And Judgments

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

Enforcing judgements across borders presents unique legal and procedural challenges, particularly when dealing with uncooperative debtors, sovereign entities, and the evolving landscape of international enforcement mechanisms. This session will provide and in-depth analysis of key issues in cross-border litigation, including strategies for enforcing judgements against recalcitrant debtors under frameworks like MATEP and SNAG, recent developments in U.S. enforcement actions against non-U.S. plaintiffs, and significant cases involving sovereigns such as PDVSA, YPF, etc.

Attendees will also explore the broader impact of foreign orders and judgements on domestic legal proceedings. Whether you represent creditors, sovereigns, or multinational entities, this program will equip you with practical insights yo navigate the complexities of international judgement enforcement.

Provided By

American Bankruptcy Institute
Card image cap

Panelists

Card image cap

Adriana Riviere-Badell

Partner
Kobre & Kim LLP

Adriana Riviere-Badell is a lawyer with Kobre & Kim LLP in Miami and focuses her practice on complex multi-jurisdictional civil litigation, international judgment enforcement and asset recovery, including disputes related to insolvency and corporate restructuring, with a focus on monetization strategies in Latin America.

She has been involved in some of the highest-profile cases in South Florida, including the successful representation of Raoul Weil, the former head of global wealth management at UBS who was acquitted of conspiracy to defraud the IRS, and the representation of the Office of the Commissioner of Baseball in its highly publicized suit against Biogenesis.

Ms. Riviere-Badell also has handled civil and criminal appellate matters before several state and federal appellate courts, including the U.S. Courts of Appeals for the Second, Fourth, Ninth and Eleventh Circuits. She achieved a significant victory in Florida’s Second District Court of Appeal on behalf of the co-trustees of a revocable trust in an intensely contested high-value trust and estate litigation. She also successfully argued a complex jurisdictional issue that established favorable precedent for a leading health care company in the U.S. Court of Appeals for the Fourth Circuit.

Card image cap

Claire Goldstein

Partner
Harneys

Claire Goldstein is a partner in the Litigation & Insolvency team at Harneys in Tortola, British Virgin Islands. She has experience in complex multi-jurisdictional corporate and commercial litigation, trusts, fraud and asset-tracing, and insolvency and restructuring matters, and she has worked with a wide variety of clients.

Ms. Goldstein regularly represents clients in the BVI courts on a number of interlocutory applications, including urgent applications for injunctions, the appointment of interim receivers and other forms of interim relief. She has worked on some of the leading cases in the jurisdiction, including the Fairfield litigation, where she represented a number of banks that had invested into Fairfield Sentry Ltd., which was a feeder fund into Bernard Madoff Investment Securities Limited. She also has worked on some of the largest and most complex enforcement claims in order to enforce foreign judgments and arbitral awards in the BVI.

Called to the bar in 2004, Ms. Goldstein previously worked at Slaughter and May and Cleary Gottlieb Steen & Hamilton in London. She also was a lecturer in constitutional and administrative Law at St Hilda’s College, University of Oxford. Ms. Goldstein is recommended by Chambers and Legal 500 as a leading BVI practitioner.

Card image cap

John R. Dodd

Partner
Baker McKenzie

John R. Dodd is a partner with Baker McKenzie in Miami in its Restructuring and Insolvency Practice Group. He is experienced with handling transactions and litigations that arise in business reorganizations, liquidations, distressed-asset acquisitions and sales, financial restructurings and loan workouts. Mr. Dodd represents debtors, trustees, secured and unsecured creditors, and official committees and purchasers of troubled companies and their assets, both in and out of bankruptcy court. He is listed in the South Florida Legal Guide as a “Top Lawyer” (2020) and a “Top Up and Comer” (2017-19), was recognized in 2018 in the Daily Business Review’s “Most Effective Lawyers” list, and was listed as a Florida Super Lawyers “Rising Star” from 2013-19.

.Mr. Dodd is a member of the American Bar Association, the Bankruptcy Bar Association of the Southern District of Florida and the Leadership Miami Committee. He received his B.A. cum laude from Harvard College in 2001 and his J.D. cum laude from the University of Florida Levin College of Law in 2006.

Card image cap

Hon. Laurel Myerson Isicoff

U.S. Bankruptcy Judge
U.S. Bankruptcy Court - Southern District of Florida

Hon. Laurel Myerson Isicoff is a U.S. Bankruptcy Judge for the Southern District of Florida in Miami, initially appointed on Feb. 13, 2006. She served as Chief Judge from October 2016 until October 2023.

Judge Isicoff serves on the Judicial Conference Committee on the Administration of the Bankruptcy System and on its subcommittee on Diversity, Equity and Inclusion. As a member of the American College of Bankruptcy, she serves a member of its Pro Bono Committee and is immediate past chair of its Judicial Outreach Committee, and from 2021-22 she co-chaired the College’s Commission on Diversity, Equity and Inclusion. In recognition of that service, as well as her long-standing commitment to diversity, equity and inclusion, she received the inaugural DEI Excellence Award from the College. In further recognition of her contributions to DEI, she was awarded the 2023 NCBJ DEI Leadership Award from the National Conference of Bankruptcy Judges.

Judge Isicoff currently serves as judicial chair of the Pro Bono Committee of the Business Law Section of the Florida Bar and is a member of the Florida Bar Standing Committee on Pro Bono.


Card image cap

Similar Courses

Card image cap
76 minutes
360-Degree of Investigation - A Roundtable Discussion Regarding Investigations of Debtors and Recovery of Assets
This panel of lawyers and insolvency professionals with bankruptcy expertise will lead a roundtable discussion regarding investigation of debtors and recovering assets to enhance the value of a bankruptcy estate.

American Bankruptcy Institute

$95

Add to Cart
Card image cap
56 minutes
A Comprehensive Guide on SPAC Litigation and Enforcement: Hot Buttons Explored
Join securities law expert Adrienna Huffman (The Brattle Group) as she brings the audience a comprehensive discussion of recent SPAC-related acquisitions.We will delve into an in-depth analysis of the current trends, litigatio nrisks, and provide practical compliance strategies for transitioning private companies amidst a rapidly evolving legal climate.

The Knowledge Group

$75

Add to Cart
Card image cap
61 minutes
Adapting to Change: Litigation Trends Shaping 2024
With the rapid pace of change and ever-evolving regulatory landscape, the risk of litigation is even more prominent for businesses today. As litigation exposure continues to be a leading concern for in-house teams, it is more important than ever for legal professionals to understand current litigation trends so they can best adapt to and prepare for future changes. Panelists in this session will provide a comprehensive look at shifts in the litigation environment, and will provide actionable strategies for tackling these complex cases.

Women, Influence & Power in Law Conference

$65

Add to Cart
Card image cap
57 minutes
Addressing Legal Challenges in Cross-Border Asset Recovery
Join distinguished international attorney Javier Coronado of Diaz Reus International Law Firm (DRT) as he explores some of the legal challenges associated with cross-border asset recovery. The speaker, among other things, will offer practical tips and helpful insights for navigating this ever-changing legal landscape.

The Knowledge Group

$75

Add to Cart
Previous Next