When it comes to commerce, legal and geographic barriers have been falling rapidly and steadily. The internet not only allows business to be conducted across great distances instantaneously, it allows businesses to locate suppliers of products and services they need anyplace on the planet, making it crucial for all San Diego businesses to have an experienced San Diego cross border litigation lawyer they trust.
No matter where your business is located and regardless of its size, it's increasingly likely that you have business relationships with people in other countries. When that business relationship sours or hits a serious snag, you need a law firm that knows how to handle one of these increasingly common cross border disputes. If you're doing business in and around San Diego, or if you're located outside the U.S. doing business with someone in the San Diego area, you need the expertise of the San Diego cross-border litigation Attorneys at Contreras Law Firm.
LITIGATION AGAINST CALIFORNIA BUSINESSES
For businesses based in other countries, litigating in the United States can be daunting. We have different federal and state court systems, with their own jurisdictional requirements, their own procedures, and their own rules of evidence. No matter how good your attorneys are in your base country, you have an awful lot to gain from partnering with a firm like Contreras Law Firm, which offers immediate expertise in both federal and state courts. We may even be able to help you avoid litigation by using one of the available alternative dispute resolution procedures, such as mediation or arbitration.
If your dispute does find its way into court, you can be sure that our San Diego business lawyers are ready and able to shepherd you through the lengthy and often complex rules on discovery, including the tricky process of electronic discovery and the very technical issues that may come up concerning privilege.
LITIGATION AGAINST FOREIGN BUSINESSES
If your US business has a dispute with someone who is not a US citizen, you need an experienced business law firm, like Contreras Law, to ensure that you make the right decision on the very crucial threshold issues: (1) Who can be sued in a court in California? (2) Should the claim be brought in federal or state court?
Under US law, the most common way to establish jurisdiction over a non-US defendant is to establish that the person you want to sue in California has at least "minimum contacts" with the state. That's an extremely factual determination. What has the non-US business done in California? The attorneys at Contreras Law Firm are well versed in this matter. We know where to look and what to look for. If the contacts are there-and they usually are in the modern world-we'll establish them and get you started in the right California court.
We can also establish jurisdiction under other theories, when appropriate.
It's just as important to figure out whether the subject matter of your case requires that it be brought in state or federal court. If you are a resident of California and the business you are suing isn't, that would tend to establish federal court jurisdiction on the grounds of diversity of citizenship. But, like most things in these days of globalization and proliferating corporate relationships, even that can be a tricky question.
Does the defendant primarily do business in a place other than where it's incorporated? Is the business entity you want to sue really separate from a related business operating in California?
CROSS BORDER LITIGATION IS RARELY SIMPLE
Clearly, cross border litigation tends to be complicated. The more complex the businesses involved are, the more complex the issues become. The more complex the issues become, the more important experience becomes. Working with a group of experienced business lawyers who know the rules for getting the litigation started and have a history of successfully seeing the litigation through to a decision can make your life easier and your chances of success higher. Call us at Contreras Law Firm for a free consultation-you don't have to come to our offices to talk to us. We care as much about the results as you do.Back to Top