Legal Articles, Lawsuit & Dispute

What factors are involved in filing a claim as a firefighter diagnosed with cancer.

Qualifications for Toxic Baby Food Autism Cases.

Baby foods are linked to Autism. The manufacturers knew that the products were unsafe but chose money over mankind.

The military used 3M earplugs for the military members from 2003-2015. Many of those protecting us were not protected by the earplugs. Hearing loss and/or tinnitus is rampant among military members because of the errors by 3M. It is important to hold 3M accountable and get the compensation our brave men and women of the military deserve.

Our firefighters have fought to protect us from fires and manufacturers of the products meant to protect us are harming the firefighters who use them. Many have been diagnosed with cancer after exposure to AFFF. It is time to hold the manufacturers accountable.

Many people sought relief of heartburn by taking Zantac. Unfortunately, it left many victims and their families with heartache. Dozens of cancers are linked to taking Zantac. If you or a loved one took Zantac and later was diagnosed with cancer, act immediately before time runs out.

Hernia mesh is suppose to help people with hernias get their lives back. Unfortunately, many mesh products are defective and cause people more harm than good. Additional surgeries to remove the defective mesh or revise the defective mesh are needed.

Talcum powder has been linked to cancer and the result has be devastating for many women and their families. Manufacturers, such as Johnson & Johnson, must be held accountable. The time to act is now before it is too late to file a claim.

This article discusses how Wholly-Foreign Owned Enterprises ("WFOEs") can be successful in arbitration under Chinese Law. The China International Economic and Trade Arbitration Commission (“CIETAC”) has reported a rapid growth in commercial arbitration cases in China. Many of these arbitrations have involved WOFEs engaged in activities through the Chinese Government's the Belt and Road Initiative. If a WFOE find themselves in arbitration in CIETAC, parties to a dispute should understand the basic underpinnings of the UNCITRAL Model Law on International Commercial Arbitration of 1985 (“Model Law”). Strategies for winning arbitration include: agreeing to arbitrate in the first place; executing an enforceable arbitration clause; knowing how and when to commence an arbitration action; applying the correct substantive law; understanding the arbitrability of the case; prepare sound evidence; and ensuring the outcome of arbitration is enforceable.

This article addresses what a Wholly Foreign Owned Enterprise (“WFOE”) operating in China should do to avoid ending up in court and, if it does, how the company can maximize its chances of winning the case. WFOEs enjoy the benefits of limited liability afforded businesses and the individual rights offered under Chinese civil law. Most WFOE's will need to deal with the Chinese courts' Civil Procedure Law and also should know how the litigation will proceed substantively, such as under contract law or as a foreign party, because it will impact strategy and legal outcomes. Most high-profile WFOE cases do not end in favor of the foreign party. So an entity litigating labor and employment issues or issues likely to impact international trade will likely lose. WFOEs need to also consider alternative dispute resolution mechanisms, such as arbitration in front of the China International Economic Trade Arbitration Commission (“CIETAC”). WFOEs embroiled in litigation in China’s courts of law can maximize their chance of success by engaging skilled, knowledgeable local counsel with knowledge of both domestic and international laws.