Latin American Blog : Hispanic Latino Business Lawyers & Attorneys : Sheppard Mullin Law Firm : Cross Border Transactions, Government Contracts

By Gabe Matus

The current global economic crisis has spawned a recent wave of complex insolvency proceedings in jurisdictions spanning the globe. Add to the mix the increasingly global nature of business and economics and the result is that a debtor subject to an insolvency proceeding in one jurisdiction may likely have assets and operations in a number of other sovereign jurisdictions. Managing the interrelation between concurrent multi-jurisdictional proceedings involving the same debtor or affiliated debtors has been a challenge for court systems, debtors and creditors alike since the emergence of the global economy. As economists warn of continuing risks and concerns with regard to the global economic outlook,[1] the regime established under Chapter 15 of the United States Bankruptcy Code (Ancillary and Other Cross-Border Cases)[2] becomes increasingly relevant for creditors and debtors – both abroad and within the U.S. This article provides a brief overview of Chapter 15 and some of the issues relevant to parties-in-interest in cross-border insolvency proceedings.
 

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By Christopher Noon

Introduction

Today's economy has created significant challenges for companies around the world. The tough business environment has companies facing decreased revenues, the prospect of employee layoffs, increased lending standards and fewer business opportunities. With all the present uncertainty, businesses are well-advised to expand their horizons with new or unconventional opportunities. One such opportunity every business can consider is doing business with the U.S. Government. In a recession, the Government can be a very attractive business partner for many companies as spending is increased by the Government to pull the economy out of recession. With the recently enacted American Recovery and Reinvestment Act of 2009, the Government plans on increasing spending by hundreds of billions of dollars, and will do so mostly through the issuance of government contracts. Businesses in all sectors of the economy stand to profit from this increase in spending if they are well-positioned to win these contracts. The question then remains: how does a company get started in government contracts?
 

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By Norma García Guillén and Serena Martinez

In May 2009, the California Court of Appeal for the Fourth District decided a case that essentially upholds service of a foreign entity's subsidiary in California is sufficient to effect service, in spite of the Hague Convention requirements. This will undoubtedly change the process by which foreign companies may be served in California, especially in these difficult economic times.
 

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By Albert Lu

With the right knowledge, business investment vehicle, and strategic planning, most Latin American investors, business owners, executives/managers, and in some cases essential-skill employees with specialized knowledge/training, can come to work and live in the United States based on valid nonimmigrant visas while accompanied by their dependent family members. In some instances, if the long-term business/investment need is present and ongoing, the same persons may in time also pursue employment-/investment- based immigrant options and qualify for lawful U.S. permanent residency status – more commonly known as "green card."  This article is a brief introduction of these visa options and how to pursue them.
 

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By Wayne Nastri and Howard Berman, Dutko Worldwide

The regional offices of the United States Environmental Protection Agency (USEPA) are tasked with implementing this nation’s environmental policy through operations and enforcement. USEPA’s mission remains straight-forward; protect human health and the environment. It’s a tremendous challenge that faces many hurdles including insufficient resources to address all the tasks at hand. These challenges are particularly acute along the US-Mexico border. The Southwest’s desert arid climate compounds drinking water and wastewater issues. Raw sewage flowing into the United States is especially problematic during wet weather. Many older vehicles, often those that can’t meet California emission standards, are sold into Mexico, compounding air quality challenges along the border. Unscrupulous individuals illegally dispose of hazardous waste along the border and often times there are either insufficient or no programs in place to adequately deal with wastes that are accumulated in the border region. Compounding these issues are the thousands of people entering the US throughout the border region, leaving behind tons of solid waste, including bicycles, clothes, and water bottles.
 

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