Daniel P. Harris's Answers

Daniel P. Harris
Seattle International Law Attorney.
Contributor Level 8

1

Attorney answers:

  1. Daniel P. Harris

Tax consequences for money inherited from uncle that lived and passed away in Germany

Asked by a user in Bellingham, WA - almost 4 years ago.

It sounds as though you have two legal issues. The first is getting your money from the bank. I suggest you hire a German lawyer for that, either here in the US or in Germany. This lawyer could help you figure out what is holding up the transfer and help you take steps to resolve any blockages. You should consult a Washington based accountant or a tax lawyer with respect to your US tax issues. There are plenty of good such people in Washington. I apologize for not being able to give you a...

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Attorney answers:

  1. Daniel P. Harris
  2. Nancy Baum Delain
  3. Ethna M. S. Piazza

International Arbitration

Asked by a user in Seattle, WA - about 4 years ago.

This question is far more complicated than you probably realize. There are various questions you must ask and answer in determining where to arbitrate on a Chinese contract. Here are some of them? 1. What law will be applied? 2. What language do you want for the arbitration? 3. Where will you want the judgment enforced. Be warned that China generally only enforces awards from recognized arbitral bodies. 4. Fairness of the arbitral body? 5. Cost/location of the arbitral body?...

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Attorney answers:

  1. Daniel P. Harris
  2. Chais L Sweat
  3. David Rashid Sweis

Steps needed to take in order to buy/sell from China

Asked by a user in Allen, TX - almost 3 years ago.

1. You do not need a license to buy/sell from China, but if you are going to have your own people on the ground in China you will need to fulfill all sorts of legal requirements there, ranging from company registration to labor law to taxation, etc. 2. You need a kick-ass OEM manufacturing agreement with your supplier in China. Odds are good you will want this agreement to be in Chinese. 3. You will need to analyze what intellectual property protections you are going to need both...

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Attorney answers:

  1. Daniel P. Harris
  2. Randolph Leigh Rhett
  3. Craig Edward Kennedy

Enforcing My Judgment In China

Asked by a user in Los Angeles, CA - over 4 years ago.

This is actually a very complicated question. First off, your judgment might not even be valid in the United States, particularly if it is a default judgment. There is a very good chance you did not serve the Chinese defendant properly pursuant to international law. More particularly, did you comply with the Hague Convention on Service of Process? China does not enforce US court judgments. Ever. So you have no chance of getting your judgment enforced in China. I assume you are asking...

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Attorney answers:

  1. Daniel P. Harris
  2. Ronald K. Phillips
  3. Pamela Koslyn

Is it illegal to purchase sports jerseys from China?

Asked by a user in Chicago, IL - over 2 years ago.

No. It is not illegal to purchase sports jerseys from China. However, if these jerseys are counterfeits or if they infringe on someone's trademark or other intellectual property, then you will be running a very real risk of being sued or worse. In buying anything from China, you should also be sure to conduct at least minimal due diligence of the company from which you are making the purchase. I am aware of many instances where Americans have ordered product from China only to never...

2

Attorney answers:

  1. Daniel P. Harris
  2. Shawn B Alexander

Hiring international employees

Asked by a user in Eastsound, WA - over 2 years ago.

Are they asking you to hire German, Spanish and French nationals in the US? Or are they asking you to contract with a call center company in those countries? Or are they asking you to actually hire as employees German, Spanish and French nationals living in those countries? You need to find out because the answer will greatly depend on the particular question.

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Attorney answers:

  1. Daniel P. Harris
  2. Glenn M. Lyon

Possible consequences for buying fake watches from China for a personal use?

Asked by a user in Boston, MA - over 2 years ago.

Certainly knowingly purchasing counterfeit merchandise is a crime. There is no doubt about that. Whether you will get caught or not, is, of course, less certain. But, US customs does randomly check incoming shipments and it is believed it checks a larger percentage from China than from, let's say, Japan.

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  1. Daniel P. Harris

I need a letter of invitation for a international company. Can you give me one please.

Asked by a user in Houston, TX - over 3 years ago.

No form can really cover this. What you need to do is explain why this person from the international company NEEDS to come to the United States. You may also want (or NOT) to mention in the letter that you will take charge of this person financially should some emergency arise. Lastly, you should talk about why it is you are so confident this person will return to his or her home company after business is completed in the US. Having said all this, I would urge you NOT to put anything in...

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3

Attorney answers:

  1. Kaiser Wahab
  2. Pamela Koslyn
  3. Daniel P. Harris

SHould I agree to "UK Law" when signing an "licensing" agreement when I am NY based?

Asked by a user in New York, NY - over 2 years ago.

Signing a contract that calls for application of a particular country's laws (in this case, UK law) does NOT necessarily mean that any dispute will need to be resolved in the UK. There is really no way to answer your question without knowing what the contract says and then analyzing which law is more favorable for you, UK law or NY law.

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Attorney answers:

  1. Daniel P. Harris
  2. Jonathan H Levy

What are the internationally accepted terms , written or implied, on the supply of goods through Quotation and Purchase Orders?

Asked by a user in Massachusetts - almost 3 years ago.

This question cannot be answered without more information, including the countries involved. There is a good chance the United Nations Convention on Contracts for the Sale of Goods (1980) applies here, but again, that will depend on the countries involved. You can find that act here: http://www.cisg.law.pace.edu/cisg/text/treaty.html

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