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  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Commercial Law
  • schedule 90 minutes

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

Optimizing Data Flow, Choice of Law, Dispute Resolution and Enforcement Provisions, and Navigating Regulatory Issues

$297.00

This course is $0 with these passes:

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Description

To function in the international marketplace, businesses need a deep understanding of the myriad risks attendant to the globalization of transactions and the bevy of legal solutions available. Counsel for parties engaged in cross-border transactions must be well versed in structuring deal terms to mitigate potential risks and maximize the transactional benefits for their clients.

Issues that seem relatively straightforward in transactions between domestic entities, like choice of law and dispute resolution provisions, must be carefully reassessed by counsel in the context of cross-border transactions. Counsel must also assess regulatory compliance for the proposed transaction, including antitrust and local tender rules along with other regulatory frameworks that may impact licensing and qualification requirements.

Counsel must give practical considerations proper attention when crafting agreement provisions. A transaction spanning time zones, languages, and cultures poses a significant challenge to a deal's completion and can undermine the agreement if not addressed thoughtfully.

Increasingly, deal counsel must also consider issues impacting the free flow of data between the parties to the transaction. Governmental restrictions on the transfer of data across borders can have severe implications; attorneys must be prepared to offer creative and viable solutions.

Listen as our panel of seasoned transactional attorneys discusses the risks facing counsel for cross-border transactions and how to best address them in the negotiation, drafting, and management of these transactions.

Presented By

Michael E. Burke
Partner
Arnall Golden Gregory LLP

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.

Adglon Hudson
Of Counsel
Fluet

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.

Michael P. Kuhn
Partner
FisherBroyles, LLP

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.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, November 14, 2023

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Cross-border transactions
    1. Structure
    2. Risks
    3. Common types
  2. Key provisions
  3. Transaction management

The panel will review these and other essential considerations:

  • How can counsel best prioritize the multiple factors that impact the structure of a transaction (i.e., tax, accounting, reporting, corporate, etc.)?
  • What cross-border issues can affect deal structure?
  • What practical steps can counsel advise for managing cross-border transactions to maximize the benefit for clients?