Nota Bene Episode 57: Understanding International Enforcement of Judgments with Neil Popovic
Successful litigation doesn’t simply depend on obtaining a favorable judgment, but it rests on the ability to enforce that judgment. When it comes to international business relationships, what should multi-national businesses know about the enforcement of foreign judgments in the U.S. or the enforcement of U.S. judgments in foreign countries?
We’re joined by international arbitration attorney Neil Popovic. Neil is a partner in the Business Trial Practice Group in Sheppard Mullin’s San Francisco office and is Team Leader of the International Litigation and Arbitration team.
What We Discussed in This Episode:
- What are international enforcements and why are they important?
- What is the value of a judicial determination in a foreign jurisdiction?
- Why contract provisions relating to the enforcement of judgments are often the most overlooked (and why that’s a mistake)
- Neil shares a fascinating story of his client’s Pablo Picasso case
- What is service of process and what does it aim to achieve?
- How much notice is considered adequate in order to serve someone in the U.S.?
- What are some limitations on recognizing foreign judgments in the U.S.?
- Why aren’t judgments that are meant to be fines or penalties enforceable?
- What is the Fair Use Doctrine in Copyright Law?
- Is judgment enforcement different in each country? How so?
- What to remember when drafting a contract between your business and a foreign entity
- Why is it important for business leaders to think about how to handle their assets?