International Asset Recovery
Business is global, so lawyers are not effective unless they can act across borders.
There are two ways to act across borders. Lawyers can apply for local court orders that have international effect, or they can collaborate with lawyers in other countries to obtain court orders there.
We have experience with both, and we regularly act for international clients.
Canadian courts have jurisdiction over anyone who has a real and substantial connection with Canada. In Google v. Equustek we obtained an order directing Google to stop displaying - on Google's search results all over the world - websites selling products made with stolen trade secrets. And in Equustek v. Jack we argued the first ever ex parte appeal in the BC Court of Appeal - on a global asset freezing application with parallel asset freezing proceedings in France.
This kind of work requires intense creativity. International litigation and asset recovery files may involve:
- collecting evidence around the world and building teams of lawyers in multiple jurisdictions
- coordinating simultaneous court applications in multiple jurisdictions, such as ex parte (without notice) applications to freeze assets (Mareva injunctions), obtain information (Norwich Pharmacal), or seize computers (Anton Piller orders) for example in Hong Kong, Vancouver, and London
- different standards, in multiple jurisdictions, for the enforcement of foreign court orders and judgments, the admissibility of evidence, privilege, substantive causes of action, and asset seizure
- foreign criminal proceedings, which in many countries are a normal tool for private litigants to collect evidence and sometimes detain the defendants
- anti-bribery and anti-money laundering legislation from different jurisdictions (for example the US Foreign Corrupt Practices Act and the UK Bribery Act), which typically enjoin international conduct that has some connection to their local jurisdictions
- international actors such as the World Bank or the US Department of Justice
- litigation financing
We have business or legal experience in more than twenty countries around the world. We continue to develop our international network of investigators and law firms so that we can obtain reliable international information and assistance, and act quickly when we need to.