Practices > Litigation and Dispute Resolution

Litigation and Dispute Resolution



Brain Trust has a great deal of experience in transnational disputes and domestic litigations with the aim to protect any client’s interests to the largest extent by our profession and trial techniques. Brain Trust assists clients from Taiwan, the United States, and other countries in litigation and non-litigation matters with timely and complete legal service and support.

Transnational disputes are civil or criminal disputes in which a foreigner or foreign jurisdiction is involved. Although transnational disputes are complicated and arduous, Brain Trust is one of the very few international law firms in Taiwan that are competent to handle transnational disputes since we have a professional team of lawyers that come from different countries with abundant experience of working and studying overseas. For many years, the professional team of Brain Trust has successfully safeguarded rights of clients in substantial transnational disputes. Therefore, Brain Trust is often recommended by international law firm ranking institutions. Brain Trust is able to provide you with legal services in matters including but not limited to the following:



1. Transnational Business Disputes


• Consultation and analysis regarding jurisdiction and comparison between different legal regimes

• Planning for prevention of litigations

• Motion for preservation of assets and evidence

• Representing foreign entities on commercial disputes in Taiwan

   ➢ International trade disputes
➢ Breach of contract and damages
➢ Air carrier liability and maritime damages
➢ Intellectual property infringement
➢ Trade secret infringement
➢ Unfair competition
➢ Tax affairs

• Representing clients on the motion for recognition and enforcement of foreign judgments or arbitration awards in Taiwan

• Representing clients on the filing for appeal



For more information about the recognition and enforcement of foreign judgments and arbitration awards in Taiwan, clients can find Brain Trust’s professional views and analysis with regard to the Taiwanese jurisdiction on The International Comparative Legal Guide here.



2. Legal Assistance Provided to Foreign Courts or Foreign Attorneys


• Effecting service of process on behalf of foreign courts or foreign attorneys

• Issuance of lawyer’s memorandum or amicus curiae brief

• Investigation on records of incorporation of Taiwanese company



3. Off-shore Entities Disputes


• Designing reasonable dispute resolution

• Designing investment agreements



4. White-collar Crimes


• Assisting transnational entities in investigation on internal criminal matters

• Criminal complaint or defense concerning high executive officers

• Criminal complaint or defense concerning intellectual properties or trade secrets

• Criminal complaint or defense concerning violations of the Securities Exchange Act and the Securities Investment Trust and Consulting Act, and the like

• Criminal complaint or defense concerning financial violations

• Criminal complaint or defense concerning breach of duty by public servants



For more information about the business crime issues in Taiwan, clients can find Brain Trust’s insight and perspective on The Strategic View where Brain Trust cooperates with other top law firms around the world like Skadden, Arps, Slate, Meagher & Flom here.



5. Real Estates Disputes


• On-site investigation on the updated situation of target real estate

• Assisting clients in settlement and mediation before lawsuits

• Representing clients on filing lawsuits



6. Family Laws


• Transnational prenuptial agreement

• Transnational divorce

• Transnational assets

• Transnational custody of underage children



7. Litigation and Dispute Resolution in the United States or Other Countries


Brain Trust assists clients in civil and commercial litigation matters in both federal and state courts and legal consultation, in the United States, and also assists in litigation matters or disputes in other countries, by collaborating with our network of local counsel contacts in the United States and other countries. Brain Trust is also experienced in analyzing U.S. laws and other foreign laws as well as the enforceability of judgments of the United States or other countries in Taiwan.



Brain Trust has experience in litigating the following types of disputes in the United States and other countries:



• Breach of contract

• Breach of fiduciary duty

• Embezzlement

• Racketeer Influenced and Corrupt Organizations Act (RICO) disputes (criminal matters and civil restitution related to white-collar crimes)

• Securities fraud disputes related to Section 10(b)(5) of the Securities Exchange Act



Brain Trust also has the know-how and capabilities to assist clients with a wide range of other general commercial litigation matters in the United States.

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CONTACT

Hung Ou Yang

Managing Attorney
Taipei
+886-2-2707-9976
mark@btlaw.com.tw

 


Andrew du Boulay

Counsel
Taipei
+886-2-2707-9976
andrew.duboulay@btlaw.com.tw

 

Harry Bechmann

Counsel
Taipei
+886-2-2707-9976
harry.bechmann@btlaw.com.tw

 

Hung-Wen Chiu

Attorney
Taipei
+886-2-2707-9976
isaac@btlaw.com.tw

 


Jia-Jun Fang

Legal Counsel
Taipei
+886-2-2707-9976
nicolas@btlaw.com.tw