Structuring Cross-Border Commercial Transactions: Negotiating and Drafting Key Deal Terms

Mr. Hudson is a valued and trusted C-Suite advisor having over a decade of experience as a General Counsel and Chief Administrative Officer. He has extensive experience advising clients in the global aerospace, defense, and intelligence industries. Having closed more than $1 billion in transactions for direct commercial sales of highly regulated defense articles and services in the Middle East and North Africa (MENA) region, Mr. Hudson is well-versed in structuring, negotiating, and implementing complex international transactions. In this regard, Mr. Hudson routinely assists clients with all aspects of cross-border transactions, to include doing business in emerging and frontier markets, opportunity due diligence, navigating the various anti-corruption regimes and U.S. export laws and regulations, OFAC compliance, structuring and establishing foreign entities (both attributable and non-attributable), and structuring and negotiating cross-border joint ventures. He also advises clients on navigating Offset and similar requirements, navigating Foreign Military Sales (FMS) and Foreign Military Financing (FMF) transactions, intellectual property protection, international Letters of Credit and payment terms, representation agreements, teaming agreements, and supply chain and procurement agreements.

Mr. Burke possesses vast experience with cross-border transactions in more than 50 international jurisdictions. He advises on business formation issues; structuring and execution of M&As; raising venture capital; building and operation of joint ventures and strategic alliances; creating distribution and reseller networks; licensing IP; and establishing quality and pharmacovigilance agreements. Mr. Burke also counsels clients on compliance with the FCPA, U.S. export controls and economic sanctions programs, and U.S. antiboycott regulations. He Co-Chairs the ABA-United Nations Development Programme International Legal Resource Center and is past Chair of the ABA Section of International Law.

Mr. Kuhn practices in the areas of commercial, corporate, employment, and business immigration law, with a strong emphasis on international matters. He represents U.S. companies engaged in projects in the U.S. and abroad as well as European companies with business interests in the U.S. Having practiced in both the U.S. and Germany, Mr. Kuhn has unique expertise particularly in assisting European clients in understanding and complying with the laws of those jurisdictions by explaining applicable legal requirements in terms that are understandable. He has assisted European management in establishing investment and inbound immigration projects in the U.S. and other jurisdictions. In this capacity, he has assisted non-U.S. employers with decisions relating to hiring, firing, promotion, compensation, discipline, discharge, layoff, handbooks, employment contracts, employee leasing agreements, non-compete and confidentiality agreements as well as other terms and conditions of employment. Mr. Kuhn has represented a variety of emerging technology companies including biotech, high-tech manufacturing, software and microelectronics.