Legal Question in Business Law in New York
Foreign Lawsuit
I have two problems!
1. My US company entered into an commission agreement with a Taiwanese business. We have never received our full commission (totalling millions of dollars).
Q. Can I bring a lawsuit against the Taiwanese company here in the US?
Q. If they do not respond, can they be tried in absentia?
2. One of my employees is threatening to quit and join the Taiwanese business. There is no non-compete agreement, but our past business relationship had an informal understanding that neither business will poach the other's employees.
Q. Is it illegal for my employee to switch employers?
Q. Can I prevent the employee from joining the Taiwanese business (in case he reveals my business's secrets).
3 Answers from Attorneys
Re: Foreign Lawsuit
If the foreign company has a presence or assets here you can bring a loawsuit here and it might be possible to freeze those assets. E mail contact information for a free consultation
Re: Foreign Lawsuit
As to the second question the answer is probably not, especially in the absence of an employment agreement, although you might be able to protect against the disclosure of confidential business information.
As to the first question, is there a written commission agreement? If so, is there a clause relating to jurisdiction and venue?
However, these questions are really too complicated to be answered in this fashion. You really need to consult an attorney and have him or her review the entire situation, including all the written documents and correspondence.
Re: Foreign Lawsuit
Check the agreement to see if there is a choice of forum/venue clause. Moreover, if the Taiwanese company had enough "contact" (e.g., doing business, etc.) with NY/US, then they are likely subject to our courts jurisdiction. I suggest you contact an attorney for a detailed consultation. Jurisdiction is only step 1. Locating the assets is another issue down the line. Please feel free to contact our office. We have experience in dealing with foreign corporations.
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