A recently published interview with Bacardi IP lawyer François Griesmar offers some useful, strategic advice for in-house trademark counsel. Thanks to World Trademark Review for posting the interview. Griesmar argues that corporate legal departments must continue to make a strong case for the enforcement of intellectual property. He continues by saying: It is difficult to… Continue Reading
Monthly Archives: April 2010
International Transactions: How to Do Business in Brazil.
Posted in International InvestmentsI’m a huge soccer fan thanks to Brazilian great Pele, who introduced me to the game. So with the 2010 World Cup only a few months away, I was happy to read today that Brazil moved into the top spot in the FIFA World rankings . This puts Brazil in pole position to go into the… Continue Reading
International Arbitration: U.S. Supreme Court Says No to Class Arbitration in Stolt-Nielsen SA v. AnimalFeeds International
Posted in Dispute ResolutionRegular readers of this blog (you know who you are) know that I have a soft spot for anything that has to do with international arbitration. This is one area of the law that both fascinates and perplexes. One minute you can be in New York applying Japanese law and the next minute you can… Continue Reading
How to Volcano-Proof Your Global Supply Contract with a Force Majeure Clause
Posted in Business TransactionsThe recent eruption of the Eyjafjallajoekull volcano in Iceland sent shock waves across the global supply chain as the vital networks that move people, goods, and services around the globe were either incapacitated or severely disrupted. Corporate in-house counsel and risk analysts were left to question whether the collapse of the air-freight segment of the… Continue Reading
IMF Raises Growth Forecast for China and India. Global Recovery Faster Than Expected
Posted in Business Transactions, International InvestmentsIn its latest World Economic Outlook, the IMF indicated that the global economy will grow faster than expected– at 4.2% this year. China’s growth is forecast at 10% 2010, with India also at a rapid 8.8 %. Sub-Saharan Africa has weathered the crisis well and its recovery is expected to be stronger than in previous… Continue Reading
How to Draft an LLC Operating Agreement for Your International Business Venture
Posted in Business TransactionsAt its annual World Economic Outlook press conference recently, the International Monetary Fund announced that global economic growth was expected to increase for the first time in several years. This great news has sparked a flurry of activity in the launching of new international business ventures. Perhaps the most common form of new business that… Continue Reading
iPhone App for International Business Law: We’ve Got You Covered
Posted in Random Thoughts and ObservationsWe launched the International Business Law Advisor App several months ago and are thrilled with the overwhelming response. We’d like to thank our readers for getting the word out and providing us with your feedback. The App is yet another way we can add exceptional value to our readers utilizing cutting edge technology. In addition… Continue Reading
Memorandum of Understanding and Letter of Intent: What’s the Difference?
Posted in Business TransactionsThe Financial Times recently reported that Royal Dutch Shell, one of Europe’s largest energy groups, signed a memorandum of understanding to form a $12 Billion joint venture with Cosan, a large Brazilian sugar cane processor. What if the parties had signed a letter of intent? Does it make a difference? Probably not. It would generally… Continue Reading
Goldman Sachs’ Annual Report: It’s All Smoke and Mirrors.
Posted in Corporate GovernanceAs an international business attorney, I read my fair share of annual reports– both domestic and foreign. While the amount of information disclosed in the reports varies widely depending on the industry and country, most reports fall on the far left of the transparency continuum i.e. on the fringe of what the law requires. … Continue Reading
International Transactions: The Effect of Cultural Values on International Mergers & Acquisitions
Posted in Business Transactions, International InvestmentsForeign mergers account for the majority of worldwide M&A activity. With the global economy on the rebound, cross-border M&A activity is expected to reach record levels. The numbers of cross-border deals currently in the works include: Indian personal care products maker Godrej Consumer Products Ltd is in talks with Argentina-based hair color products firm, Issue… Continue Reading
International Arbitration: Swiss Arbitrations Increase with Success of Expedited Arbitration Procedures
Posted in International ArbitrationThere was a high increase in arbitration cases submitted to the court under the Swiss Rules of International Arbitration, according to the Swiss Chambers’ Court of Arbitration and Mediation. According to the Swiss Chamber, a total of 104 new arbitration cases were filed in 2009, an increase of more than fifty percent over the number… Continue Reading
Strong Outlook for Mergers & Acquisitions in Latin America
Posted in Business TransactionsBrazil will lead mergers and acquisitions in Latin America I’m seeing a lot of M&A activity taking place in Latin America these days. According to Bloomberg New and Latina American Advisor, takeovers are at their strongest pace in a decade as the economy recovers and credit markets continue to improve. While most have the activity… Continue Reading
The BRICfast Club (Part III): China and Brazil Sign Trade and Investment Agreements at BRIC Summit
Posted in Business Transactions, International Banking, International InvestmentsOil and Steel Industries to Benefit This is the third in a series of posts dedicated to the BRIC countries. While the late John Hughes would have appreciated the titular tribute to his Breakfast Club classic, the series is meant to stimulate a robust discussion among those interested in the subject. For the uninitiated, BRIC is… Continue Reading
What the U.S., Europe and China Can Learn from Japan 1990 – 2005.
Posted in Business Transactions, Random Thoughts and ObservationsThe folks over at BusinessInsider were kind enough to post the presentation from Nomura Chief Economist Richard Koo’s speech to George Soros’ Institute for New Economic Thinking this weekend. The presentation lays out in clear detail how the U.S. and Europe are in the midst of a balance sheet recession. Koo draws comparisons between the… Continue Reading
International Litigation: How to File a Lawsuit Against a Foreign Investment Advisor
Posted in International LitigationI was recently contacted by a client who lost several million US dollars due to negligent investment advice. Because the firm is based overseas, the client did not know what to do. Unfortunately, this scenario has become all too common in the wake of the global financial crisis. Whether your claim is against an institution… Continue Reading
Top Ten International Economic Trends for 2010. It’s Good News.
Posted in International Investments, Random Thoughts and ObservationsAs an international business attorney, I’ve got to stay on top of global markets to provide my clients with the best possible service. But with things moving so fast these days, it can be hard to keep up. Thanks to a highly insightful presentation authored by Byron Wien, Senior Managing Director at The Blackstone… Continue Reading
International Center for the Settlement of Investment Disputes (ICSID) Releases Caseload Statistics
Posted in Dispute Resolution, International ArbitrationSouth America Hosts Majority of ICSID Cases The International Center for the Settlement of Investment Disputes (ICSID) recently released a report on its caseload statistics. The report includes lots of interesting data and illustrative charts. One chart I found particularly noteworthy was the geographic distribution of ICSID cases by state party. South America leads the… Continue Reading
Asia’s First Cap and Trade Scheme Launched in Tokyo
Posted in Business TransactionsDemand for Carbon Credit Trading is Expected to Skyrocket The Tokyo Metropolitan Government recently launched Asia’s first mandatory program to cut carbon emissions. The program will cover approximately 1,400 industries, commercial buildings and large office buildings within Tokyo. According to the Sustainability and Climate Change Reporter, “the Tokyo program is being touted as a potential model that could spread throughout Japan and… Continue Reading
Global Corporate Tax Trends for 2010: An Overview of 183 Countries.
Posted in Business Transactions, Corporate Governance, International InvestmentsThe World Bank Group’s Doing Business Project recently released the 2010 edition of its Paying Taxes Report. The report is unique in that it measures the ease of paying taxes across 183 economies, by assessing the time required for companies to prepare and file tax returns and pay taxes, and also the company’s total tax… Continue Reading
Is Immigration the Answer to Stimulate the Economy?
Posted in Random Thoughts and ObservationsThomas L.Friedman makes a compelling argument in the New York Times op-ed piece, Start-Ups, Not Bailouts, for stimulating the economy through immigration: Here’s my fun fact for the day, provided courtesy of Robert Litan, who directs research at the Kauffman Foundation, which specializes in promoting innovation in America: “Between 1980 and 2005, virtually all net… Continue Reading
Switzerland and United States Reach Landmark Agreement in UBS Tax Case
Posted in Business Transactions, Corporate Governance, International Banking, International LitigationSwiss Parliament Must Still Approve Amended Protocol The CBS news magazine 60 Minutes featured a story on January 3, 2010 concerning the tax controversy between Switzerland and the United States over Switzerland’s secretive banking industry. At the time, it appeared there would be no end in sight to the impasse. 60 Minutes: A Crack in… Continue Reading