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, U.S. companies are looking overseas to capture new … [Read more...]
U.S. Exports Get Huge Boost with Passage of Free Trade Agreements. Finally.
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. Whichever side of the political fence you … [Read more...]
Success in China is Built on Relationships. Just Ask General Motors.
A few weeks ago, I received a call from a prospective client, Mr. X, looking to expand his business and enter the China market. He wanted to know how best to go about forming this new venture. It was obvious he had done his research. Mr. X discussed whether it was best to form a Wholly Foreign Owned Entity (WFOE), Representative Office (RO), Joint Venture (JV) or other … [Read more...]
International Law Practitioners Love the International Law Quarterly.
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 is no … [Read more...]
Got a Great Business Idea? Throw Away That Nondisclosure Agreement! Why You Should Use a Reverse NDA Instead.
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 nondisclosure agreement, you could ensure that your secrets … [Read more...]
How to Earthquake-Proof Your International Business Agreements with a Force Majeure Clause
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 … [Read more...]
Miami's China Sourcing Center to Play Key Role at China's Largest Export Showcase
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 commerce—a kind … [Read more...]
So You Want to Select a Foreign Business Partner? Be Sure to Follow These 3 Matchmaking Tips.
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 international business … [Read more...]
Corruption in Legal Systems Persist Around the World. And Will Continue.
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 the legal profession are … [Read more...]
BP is a British Corporation Funneling Profits Overseas, Right? Not Exactly.
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 name "British Petroleum" tonight … [Read more...]