International Business Law Advisor Insights on International Litigation & Transactions

Category Archives: Business Transactions

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How to Import Profits Through Exports. A Primer.

Posted in Business Transactions, International Investments

There’s never been a better time to boost profits through exports. With the economy gaining traction, there’s been a marked increase in the number of U.S. companies looking to capture international markets through export sales. After all, there are  billions of potential customers out there. Just yesterday I received a call from a Miami, Florid-… Continue Reading

3 Compelling Reasons to Read the International Law Quarterly.

Posted in Business Transactions, Intellectual Property, International Arbitration, International Litigation

The 2012 issue of the Florida Bar international Law Section’s International Law Quarterly was released today. For nearly three decades, the International Law Quarterly has been recognized as one of the world’s leading journals covering all areas of international law. The current issue, edited by Hogan Lovells partner Alvin Lindsay, builds on this legacy with an… Continue Reading

How to Draft an International Franchise Agreement. The Basics.

Posted in Business Transactions, International Investments

I’m seeing a big increase in the number of international franchise agreements being reached here in Miami. I suspect it’s the same for other parts of the country. Given the recent stream of positive economic news, it’s not much of a surprise. As economies all over the world bounce back from the global financial crisis,… Continue Reading

U.S. Exports Get Huge Boost with Passage of Free Trade Agreements. Finally.

Posted in Business Transactions, International Investments

As reported all over the media today, the U.S. Congress cleared free-trade agreements with South Korea, Colombia and Panama, bringing an end to years of stalemate. The Agreements, the biggest trade deals since 1994,  promise to result in the export of billions of dollars of U.S. goods and boost hundreds of thousands of American jobs…. Continue Reading

International Law Practitioners Love the International Law Quarterly.

Posted in Business Transactions, Corporate Governance, Dispute Resolution, International Banking, International Litigation

The spring edition of the Florida Bar’s International Law Quarterly (ILQ) is out. The ILQ is quickly becoming required reading for any international lawyer. As Editor-in-Chief Alvin F. Lindsay points out, each issue of the ILQ strives for a balance of scholarship and practical articles that will be useful to all international practitioners. The spring edition… Continue Reading

Got a Great Business Idea? Throw Away That Nondisclosure Agreement! Why You Should Use a Reverse NDA Instead.

Posted in Business Transactions

If you have a great business idea that you’d like to get in front of the world’s top venture capitalist or other funding source, the traditional thinking was that you’d have them sign a Nondisclosure Agreement (also known as an NDA or confidentiality agreement) to prevent them from profiting off your idea. By using a… Continue Reading

How to Earthquake-Proof Your International Business Agreements with a Force Majeure Clause

Posted in Business Transactions

The earthquake and tsunami that struck Japan last Friday caused catastrophic damage to the northeast region of Japan and incapacitated the country’s supply chain as the vital networks that move people, goods, and services around the country were either incapacitated or severely disrupted. As a result, the output of supplies from Japan’s most important industries… Continue Reading

Miami’s China Sourcing Center to Play Key Role at China’s Largest Export Showcase

Posted in Business Transactions

As an international business attorney based in Miami, Florida, it’s common for me to advise clients on business issues that concern Latin America by virtue of Miami’s proximity to the region. It’s no surprise that the local economy is heavily dependent on Latin America.  To be sure, Miami is the hemispheric cross-roads of trade and… Continue Reading

So You Want to Select a Foreign Business Partner? Be Sure to Follow These 3 Matchmaking Tips.

Posted in Business Transactions, Dispute Resolution, International Arbitration, International Litigation

As an attorney based in a cross-roads city like Miami, I see all kinds of international business relationships turn sour and erupt into full-fledged wars.  It’s unfortunate because many of these disputes could have been avoided. I mention this because over at the international arbitration blog, there’s a great post on how best to avoid… Continue Reading

Corruption in Legal Systems Persist Around the World. And Will Continue.

Posted in Business Transactions, Corporate Governance, International Arbitration, International Banking, International Litigation, Random Thoughts and Observations

Ashby Jones of the Wall Street Journal’s Law Blog, just published an article on the findings of a major global survey on corruption released today at the 2010 International Bar Association (IBA) Annual Conference in Vancouver, Canada.   While it comes as no surprise that corruption persists in many jurisdictions around the world, many in… Continue Reading

BP is a British Corporation Funneling Profits Overseas, Right? Not Exactly.

Posted in Business Transactions, Random Thoughts and Observations

The New York Times published an interesting article this past Sunday on the growing displeasure in Britain over use of the name “British Petroleum” by top federal officials in the United States in referring to the company responsible for the gulf oil spill. It will be interesting to see whether President Obama will use the… Continue Reading

6 Key Provisions You Should Include in Your International Licensing Agreements.

Posted in Business Transactions

Ipsen , a global biotechnology company headquartered in Paris, and Rhythm Pharmaceuticals, a Boston-based biotechnology company that is developing peptide therapeutics for metabolic diseases, announced recently that they entered into a license agreement for Ipsen’s proprietary processes . Under the terms of the agreement, Ipsen granted Rhythm an exclusive worldwide license for research, development, and… Continue Reading

How to Volcano-Proof Your Global Supply Contract with a Force Majeure Clause

Posted in Business Transactions

 The 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 Investments

In 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 Transactions

At 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

Memorandum of Understanding and Letter of Intent: What’s the Difference?

Posted in Business Transactions

The 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

International Transactions: The Effect of Cultural Values on International Mergers & Acquisitions

Posted in Business Transactions, International Investments

 Foreign 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

The BRICfast Club (Part III): China and Brazil Sign Trade and Investment Agreements at BRIC Summit

Posted in Business Transactions, International Banking, International Investments

 Oil 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 Observations

The 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

Asia’s First Cap and Trade Scheme Launched in Tokyo

Posted in Business Transactions

Demand 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 Investments

The 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