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Enforcement of Judgments: A Practitioner’s Guide to Recovery

Name: Enforcement of Judgments: A Practitioner’s Guide to Recovery
Brand: Enforcement of Judgments: A Practitioner’s Guide to Recovery
SKU: 737ONL
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Enforcement of Judgments: A Practitioner’s Guide to Recovery will provide the ins and outs of successfully enforcing a judgment throughout the United States and internationally.

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Enforcement of judgments is a critical process for securing the recovery of assets owed after a legal victory. Judgment recovery involves various strategies, including asset recovery tactics, to identify and seize a debtor's assets. A crucial part of this process is the judgment debtor examination, which allows attorneys to gather detailed information about the debtor's finances, assets, and business dealings. This examination can be done through formal court procedures, helping to locate hidden or undisclosed assets. International judgment enforcement has become increasingly important as businesses and individuals often hold assets across borders. Countries like the U.S., the UK, Japan, and others have specific procedures for recognizing and enforcing foreign judgments. A writ of attachment is one tool used to secure a judgment by placing a lien on a debtor's property, preventing it from being sold or transferred before the judgment is satisfied. Judgment debtor exams and writs of attachment are integral to enforcing judgments, as they ensure that debtors cannot evade their financial obligations. Successful enforcement of judgments requires an understanding of both local and international regulations, providing a well-rounded strategy for asset recovery and much more.

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Additional Information

Additional Information
SKU	737ONL
Division Name	LJP
Volumes	0
Product Types	Books
Brand	LJP
Jurisdiction	National, Federal
ISBN	978-1-58852-400-3
Page Count	0
Edition	1

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Sample Chapter

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Table Of Contents

CHAPTER 1
Obtaining a Judgment
§ 1.01    Judgments Defined
§ 1.02    Final Judgments
§ 1.03    The Appeals Process
[1]    California
[2]    Florida
[3]    Massachusetts
[4]    New York
§ 1.04    Effect of Amended Judgments on Finality and Appeal
CHAPTER 2
Writs of Attachment and Their Foreign Equivalents
§ 2.01    California Writs of Attachment
§ 2.02    Florida Writs of Attachment
§ 2.03    Massachusetts Writs of Attachment
§ 2.04    New York Writs of Attachment
§ 2.05    Provisional Remedies Beyond the United States
CHAPTER 3
Amending the Judgment
§ 3.01    Amending the Judgment in California
§ 3.02    Proceedings Supplementary in Florida
§ 3.03    Actions to Reach and Apply in Massachusetts
§ 3.04    Restraining Notices in New York
CHAPTER 4
Enforcing Judgments in the United States
§ 4.01    Procedure for the Enforcement of a California Judgment
§ 4.02    Procedure for the Enforcement of a Florida Judgment
§ 4.03    Procedure for the Enforcement of a Massachusetts Judgment
§ 4.04    Procedure for the Enforcement of a New York Judgment
CHAPTER 5
Judgment Debtor Examinations
§ 5.01    Judgment Debtor Examinations Under California Law
§ 5.02    Judgment Debtor Examinations Under Florida Law
§ 5.03    Judgment Debtor Examinations Under Massachusetts Law
§ 5.04    Judgment Debtor Examinations Under New York Law
CHAPTER 6
Asset Investigations and Ethical Challenges
§ 6.01    Limitations on Private Investigators: State Law Requirements for Private Investigators
[1]    California
[2]    Florida
[3]    Massachusetts
[4]    New York
§ 6.02    Limitations on Private Investigators: California Privacy Laws
§ 6.03    Limitations on Private Investigators: Florida Privacy Laws
§ 6.04    Limitations on Private Investigators: Massachusetts Privacy Laws
§ 6.05    Limitations on Private Investigators: New York Privacy Laws
§ 6.06    Limitations on Private Investigators: Federal Law
§ 6.07    Fair Credit Reporting Act
§ 6.08    Fair Debt Collection Practices Act
§ 6.09    Gramm-Leach-Bliley Act
§ 6.10    Computer Fraud and Abuse Act
§ 6.11    Electronic Communications Privacy Act of 1986
§ 6.12    Telephone Records and Privacy Protection Act of 2006
§ 6.13    Limitations on Private Investigators: Professional Responsibility Rules for Lawyers
§ 6.14    Liability Risk Posed to Lawyers By Private Investigators
[1]    Problem Example: Pellicano’s Recordings
[2]    Problem Example: Hewlett Packard’s Leaks and Pretexting Response
[3]    Problem Example: The Deviant Divorce Attorney
[4]    Problem Example: The Graffiti Gaffe
[5]    Problem Example: The Off-Limits Witness
§ 6.15    Conclusion: To Engage or Not to Engage Private Investigators?
CHAPTER 7
Enforcing U.S. Judgments Outside of the United States
§ 7.01    Canada
§ 7.02    Japan
§ 7.03    Switzerland
§ 7.04    Survey of Foreign Judgment and Default Judgment Enforcement
CHAPTER 8
The New World Case

Author Info

Adam M. Reich

Adam M. Reich is an attorney at global law firm Paul Hastings. He represents clients in a variety of commercial and complex litigation and counseling matters, primarily relating to contracts. Additionally, he regularly litigates cases involving various tort claims brought under common law and pursuant to federal statutes. As a smaller percent-age of his practice, Adam counsels companies undertaking internal investigations, including those relating to anti-corruption and other regulatory enforcement, and he also advises on litigation risk involved in hospitality transactions. Adam has received recognition throughout his tenure in the law, including a “Legal Rebel” profile by the American Bar Association relating to his innovative use of traditional and social media to assist with advocacy on behalf of a woman incarcerated 29 years for a murder she did not commit. Adam is licensed to practice law in three jurisdictions, and he currently resides in Los Angeles with his wife and two children.

Dennis S. Ellis

Dennis S. Ellis is an attorney at global law firm Paul Hastings where he serves as the Global Chair of the Complex Litigation and Arbitration practice group. He concentrates his practice in the defense of consumer class actions, complex commercial cases, mass and toxic tort litigation, and product liability lawsuits. Dennis earned what is believed to be the largest judgment ever obtained by a Chinese firm in a U.S. court for his client New World TMT Limited. This book is inspired by Dennis and his teams’ efforts to collect on this $2.8 billion judgment both domestically and internationally – an experience that has made Dennis an authority on enforcing judgments. Dennis resides in Los Angeles.

Katherine F. Murray

Katherine F. Murray is an attorney at global law firm Paul Hastings and member of the firm’s Complex Litigation and Arbitration practice group. She was a key member of the Paul Hastings team who secured one of the most significant judgments granted to a Chinese firm in a U.S. court – a $2.8 billion judgment for New World TMT Limited. Katherine has been enforcing this historic judgment in the U.S. and abroad ever since. Her experience enforcing this judgment makes her an authority on the topic of this book. She concentrates her practice on complex business litigation matters and also has significant experience litigating consumer class actions spanning a range of industries, with an emphasis on food, cosmetic, and consumer electronics companies. Katherine resides in Los Angeles.

Nicholas J. Begakis

Nicholas J. Begakis was formerly an attorney at global law firm Paul Hastings and a member of the firm’s Complex Litigation and Arbitration practice. Nick’s practice focuses on complex civil and criminal litigation, including consumer class actions, business torts, product liability defense, environmental litigation, real estate litigation, and white collar defense. His pro bono service earned him the ACLU of Southern California’s Humanitarian Award in 2010. Nick was a member of the Paul Hastings team tasked with collecting the historic $2.8 billion judgment for New World TMT Limited secured by Paul Hastings in 2006. Prior to joining Paul Hastings, Nick served as an extern to the Hon. Marvin Baxter of the California Supreme Court. He resides in Los Angeles.

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