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Enforcement of Judgments: A Practitioner’s Guide to Recovery

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SKU
737ONL

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.

A Check is Better than a Judgment! This Compelling Case Study of New World is a Quick Read, and a Primer on Best Practices, and Practical Guidance for Your Pending Matter

Walk through the incredible success of the Paul Hastings team of attorneys in the lawsuit, New World TMT Limited v. PrediWave Corporation. In that case, the team obtained a $2.87 billion judgment, believed to be the largest judgment ever obtained by a Chinese firm in a U.S. Court. As a result, they learned the ins and outs of successfully enforcing a judgment throughout the United States and internationally, including in countries where defendants and judgment debtors choose to hide their assets. The New World enforcement proceedings are used as a case study in procedures, tactics and strategies available to enforce a judgment.

Enforcement of Judgments: A Practitioner’s Guide to Recovery:

  • Clarifies how to identify, trace, locate, attach, and recover assets.
  • Describes the use of private investigators in judgment efforts.
  • Provides best practices for judgment debtor examinations. 
  • Unique to this title are discussions of judgment enforcement in California, Massachusetts, Japan,
  • Singapore, Taiwan, mainland China, the United Kingdom, Canada, and New York.
  • Contents Includes Discussions of:
  • Obtaining a Judgment
  • Writs of Attachment and Their Foreign Equivalents
  • Amending the Judgment
  • Enforcing Judgments in the United States
  • Judgment Debtor Examinations
  • Asset Investigations and Ethical Challenges
  • Enforcing U.S. Judgments Outside of the United States
  • And More…
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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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

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