I received an email from a client several weeks ago who was getting ready to travel overseas to meet with his new business partners on a major international distribution deal. Because the client had never been to this part of the world, he was concerned that he would inadvertently “commit some cultural faux paus” and do something that would potentially blow the deal. I … [Read more...]
Worried About Your Global Supply Chain? Then You Must Check Out Create.org.
For any company concerned about the integrity of their global supply network, there's a great post over at the venerable China Law Blog by Dan Harris. The post, Improving The Global Supply Chain: Create.Org highlights Create.org, “a non-profit organization dedicated to helping companies and their suppliers and business partners reduce counterfeiting, piracy, trade secret theft … [Read more...]
Can the Location of a Computer Server Be enough to Confer Jurisdiction over International Defendants? Yes. Maybe.
In any international dispute our firm takes on, the first level of analysis will almost always center on the location of the parties and where the dispute arose. If there is no jurisdictional basis for a lawsuit in the U.S., then-- if you’re on the plaintiff side-- the case is referred out to our network of international lawyers. If we’re defending you, then there’s a good … [Read more...]
5 Key Points Every Chinese Investor in the U.S. Must Know.
In the past year or so I've been working with a Chinese industrial manufacturing company looking to tap into the U.S. market. In just a few years, the company has wildly exceeded its expectations. The company’s success can be attributed to zealous commitment to learning. By this, I mean that the company understood that it had to abandon deeply entrenched legal and cultural … [Read more...]
The Ultimate in FCPA Scholarship in One Place.
One area of law that has received enormous attention in the international business community the past several years is the Foreign Corrupt Practices Act. The sheer amount of FCPA material out there is staggering. Just Google "FCPA" and you'll see what I mean (over 1,200,000 results generated). For anyone trying to keep up with the latest FCPA developments, it can all … [Read more...]
Switzerland Passes Tough Executive Pay Rules.
With all the talk about executive pay here at home, it’s interesting to note that Switzerland just passed a set of tough executive pay rules. The new rules allow shareholders at Swiss-listed companies a binding vote each year on the total compensation of boards of directors and senior management, as well as a total ban on "golden parachutes" and executives being paid … [Read more...]
The 5 Key Factors You Must Consider When Establishing a Foreign Corporation.
The other day I received a call from someone looking to form a corporation in Brazil. This person was shocked to learn that Brazil is among the most difficult countries in the world in which to incorporate a business. In fact, according to the World Bank’s annual Doing Business Report, Brazil was ranked no. 121 in ease of starting a business. … [Read more...]
Individual Liability for Foreign Subsidiary Misconduct. The Logical Next Step.
Yesterday's post centered on how important it is for U.S. companies to keep tabs on their foreign subsidiaries. Well, the Conglomerate blog has an excellent post on the increase of foreign subsidiaries that have entered guilty pleas with the U.S. government for misconduct that took place after the financial crisis. What's interesting about the rise in foreign subsidiaries … [Read more...]
Hey U.S. Corporations–Don't Neglect Your Foreign Subsidiaries!
I recently received an email from a board member of a corporation concerned that one of the company’s foreign subsidiaries was having compliance issues. I immediately interrupted and asked if there were any local bodies on the ground at the company’s foreign subsidiary. I wasn't exactly surprised to learn that there were not. In fact, no one from the U.S. office had visited … [Read more...]
The Cayman Islands: Paradise for Foreign Workers. Not So Much for Tax Dodgers.
There's been a sharp rise in the number of foreign workers in the Cayman Islands. This according to a recent report from Justin Harper of Reuters. Despite increased taxes, the number of foreign workers in the island paradise has gone from 19,927 at the end of 2011 to nearly 21,000 by December 2012. The increase is largely the result of less stringent immigration laws that now … [Read more...]