Cross-border litigants are familiar with the Hague Evidence Convention, but often overlook another potent method to collect evidence in foreign countries. The Walsh Act, 28 U.S.C. § 1783, gives courts the discretion to...more
The Biden Administration issued a Proclamation on April 30, 2021, adding India to the list of COVID-related travel bans. Most temporary visa holders who have been physically present in India 14 days before seeking entry will...more
A bankruptcy judge in the Middle District of Florida recently sustained a Chapter 7 trustee’s objection to a non-Florida resident debtor’s attempted claim of the Florida homestead exemption. Although the debtor had lived in...more
On May 30th, the IRS issued Revenue Procedure 2020-20 which provides non-U.S. individuals present in the U.S. some limited relief from the day-count tests for U.S. tax residency and for eligibility for certain treaty...more
On May 24, 2020, President Donald Trump issued a new Presidential Proclamation suspending entry into the U.S. of any foreign national who has been physically present in Brazil within 14 days immediately preceding their...more
President Trump has signed into force a new Presidential Proclamation that severely restricts the entry of certain foreign nationals into the U.S. in connection with the ongoing coronavirus pandemic. The proclamation goes...more
The US taxes its citizens and permanent residents on their worldwide income regardless of where they live or how long they’ve lived outside of the US. There is only one other country in the world that operates like the US –...more
Did you know that California law currently allows employers in certain circumstances to give preferential treatment to candidates who aren’t “aliens”? No, you didn’t miss the new Independence Day movie (what took so long?) or...more
US Customs and Border Protection announced the expansion of the Mobile Passport Control Program (“MPC”) to San Francisco International Airport (SFO). MPC is now available at SFO, Atlanta’s Hartsfield-Jackson International...more
In a novel case, a New York federal court judge recently denied an employer’s motion to dismiss a Section 1981 alienage discrimination class action lawsuit. The lawsuit alleges that Northwestern Mutual Life Insurance Company...more
In Fuller v United Healthcare Services Inc & Anor UKEAT/0464/13/BA, the Employment Appeal Tribunal (EAT) considered whether a US citizen who spent approximately half his time working in the UK could bring statutory employment...more
In the context of transnational litigation, diversity jurisdiction in a U.S. federal court can be difficult to demonstrate. This is because the typical parties in transnational litigation may include U.S. citizens, U.S....more
The U.S. State Department has announced that U.S. Ambassador to Canada David Jacobson and the Canadian Minister of Citizenship, Immigration and Multiculturalism, Jason Kenney signed a U.S.-Canada Visa and Immigration...more