Having just wrapped up Season 2 of Stranger Things this week, I just couldn’t help draw the connection between the Mind Flayer and its army of Demogorgons wreaking havoc in Hawking, Indiana and Venezuelan President Nicolas Maduro and his finance ministers terrorizing global capital markets in Caracas, Venezuela. While the former makes for good entertainment, the latter makes … [Read more...]
The 5 Most Important Words in an International Contract.
As an international business attorney, a focal point of my practice involves advising clients on the terms and conditions that absolutely must be included in an international business agreement. Having drafted hundreds of commercial contracts over the years, I narrowed down what I perceive to be the five most important terms to include in a cross-border contract. While … [Read more...]
Rum, Risk and Ruin: 13 Reasons Why You Still Shouldn’t Do Business in Cuba.
The removal of Cuba from the U.S. state sponsors of terrorism list this week sparked a groundswell of excitement among U.S. entrepreneurs, lawyers, and investors looking to profit from the “enormous opportunities” on the island. As part of the Florida Bar’s first-ever delegation to Havana, Cuba last week, I got the chance to see these “opportunities” for myself. Indeed, … [Read more...]
Japan’s New 24-Hour Advance Manifest Rule Takes Effect on March 10, 2014.
On March 14, 2014, Japan will join the global effort to make things more difficult for exporters secure supply chains against international terrorism with the implementation of it’s own “24-hour rule.” First implemented by the U.S. in 2002, the 24-hour advance manifest rule requires all inbound cargo carriers to submit complete manifests a full 24 hours before leaving their … [Read more...]
Enforcing a Contract in Latin America? Good Luck with That.
I got a call recently from a local manufacturer looking to sue a supplier in a Latin American country for breach of contract. Given Miami’s proximity to the region, I see these types of cases a lot. The first thing I’ll do is take a look at the case to confirm that jurisdiction would be proper in the U.S. And most of the time it is. However, when the jurisdictional … [Read more...]
3 Steps to Prepare your International Business for Crisis and Continuity
A special guest post by Global Security Consultant and Political Risk Expert, Paul Crespo. This is the seventh post in the series. Global companies today face a variety of serious risks that range from political disturbances, terrorist bombings, supply chain disruptions, natural disasters and cyber-attacks, to the kidnapping of key executives. Any of these threats can create … [Read more...]
U.S. Companies More Likely Than Russians to Engage in Industrial Espionage? LOL
Spying continues to dominate the news. Just today Brazilian President Dilma Rousseff cancelled a trip to meet with President Obama over revelations that the U.S. actively spied on Brazil. Up until recently, the prevailing view was that companies located in China and Russia had the most active industrial espionage programs. That’s all changed after the Snowden … [Read more...]
5 Tips for In-house Counsel When Acquiring a U.S. Multinational Company.
Acquiring a purely domestic U.S. company is relatively straightforward. Things get complicated when the target is a U.S. multinational company. One of the deals we’re working on in my office concerns just that. I was speaking to in-house counsel about the transaction and thought it would make for a great post someday. Then I came across an … [Read more...]
Political Risk Insurance: Why Your International Business Must Have It.
A special interview with Global Security Consultant and Political Risk Expert, Paul Crespo This is the first in a series of posts dealing with global security and risk management. While companies doing business internationally generally protect themselves against numerous risks, political risk is often ignored or accepted as fate. While there are many ways to manage and … [Read more...]
How to Draft a Non-Circumvention, Non-Disclosure Agreement (NCNDA) for Your International Business Venture.
With all the international business ventures our firm is handling, it’s no surprise that we are frequently asked to draft a Non-Circumvention and Non-Disclsoure Agreement (NCNDA). An NCNDA is used when a business needs to keep intellectual property and other confidential information secure in the early stages of a business venture arranged by brokers or intermediaries. The … [Read more...]