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An Upturn in Global Foreign Direct Investment Activity? InternationalCounsel is seeing a diverse range of cross-border projects, but are companies really re-engaging with foreign investment and M&A?
Yes. 2009 was a low point in recent years for global cross-border foreign investment flows, and the next few years appear to be trending upwards. This is good news for those of us engaged in advising companies on their cross-border investment and contract issues, though this could also suggest more competition and possibly higher valuations for companies that wait too long to implement their next phase of international expansion.
The following chart (published by UNCTAD) shows different scenarios for overall global foreign investment from 2010 to 2012. Even using more conservative economic assumptions, the expected recovery in FDI flows over the next few years from the bottom in 2009 is substantial, not back to the 2006-2007 peaks but yet surprisingly within range. 
Cross-border merger and acquisition numbers are also looking better. As the October, 2010 table below indicates, global M&A volume for 2010 is expected to be US$2.2 trillion, which is up 12.6% compared to 2009 though still only 50% of the 2007 peak.

Emerging markets are a substantial M&A focus. According to Dealogic data, M&A activity in emerging markets reached $628.9 billion in the first nine months of 2010, up 62 percent from the same period in 2009. Significantly, M&A activity in emerging markets exceeded European M&A volume for the first time on record, according to Dealogic data. Many are seeking to take advantage of higher growth rates than can be found at home.
As a sampling of InternationalCounsel's own recent legal advisory work, we are currently assisting a major US company with entity establishment, distribution and employment agreement and related labor issues in Panama, a regional distribution center for many companies. We have also seen some added matters from India, are assisting with tax, agreement changes and real property issues for a major US franchisor in countries as diverse as Argentina, Israel, India, Pakistan, Indonesia, Thailand and Egypt,, are advising an international internet service provider on Europe/EMEA credit card payment structures, are working with a Tunisia-based company with its US set-up and operations and are active again with a US company's structure and documentation of a China joint venture being held by a Hong Kong company, both of which we are establishing. The latter project makes good use of our China experience, using our Netherlands-based colleague's cross-border tax capabilities, our Hong Kong colleague's corporate set-up input, and one of our US lawyer's long history with China, including while based in Hong Kong as head of Asia-Pacific legal for a major telecommunications company |
The Netherlands as a Holding Company Destination: Our Recent Analysis Points to a Tax-Efficient Environment that Should be Considered by Foreign Investors in Europe
Our clients often enter new markets by contract or investment -- what are some of the legal and tax considerations in establishing a new foreign company or investment that will have an important impact on operating the company and possibly later selling it?
Our Netherlands-based colleague, Jan Kooi, recently published an article in CFOConnect which describes the tax and other advantages offered by the Netherlands. Though Jan writes of the advantages from the perspective of an Indian company investing in Europe, the principles apply equally to US companies investing overseas.
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InternationalCounsel Updates
We wish our 2010 summer interns the best back in Ann Arbor and with the next steps in their international careers - Aaron Pittman and Rachel Lee, both Michigan Law School students, were a part of our team this past summer
Jan Kooi spoke in Geneva, Switzerland at the Economist Group's EuroFinance's 19th annual conference on International Cash and Treasury Management, 6-8 October 2010.
Billed as "the most senior treasury event in the world," Jan was part of three separate panels on Asia, Eastern Europe and Latin America, with a focus on tax and cross-border funds transfers. Jan also presented for EuroFInance this past summer at Cambridge University on tax and legal aspects of cross border financing
David Laverty is chairing the Association for Corporate Growth's Global Expansion Committee, which is looking into establishing new international chapters of this private equity and deal-maker associationTwo US M&A briefings and receptions were held during the first week of October in Mumbai to further explore the potential for an ACG chapter in Mumbai. David had organized the first of such briefings in Mumbai in late April, 2010
As a senior officer and council member, David contributed to the Inter-Paciific Bar Association's Mid-Year Meetings in Stuttgart, Germany in early October. Jan Kooi is also a longstanding IPBA leader, currently serving as Europe/EMEA Coordinator
The IPBA is hosting numerous Asia-Pacific seminars over the next few months, including one being organized by David in Chicago on February 1. David is also working with the IPBA to welcome as many in-house counsel as possible into the IPBA membership, including through partnerships with corporate counsel associations
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About InternationalCounsel
InternationalCounsel offers our senior cross-border legal team to companies expanding internationally. Each team member is a former in-house international legal counsel to a major company, such as Motorola, Abbott Laboratories, Omnicom and Kmart Corporation We assist companies with their foreign investment and cross-border transactions, including through acquisitions, foreign office establishment, manufacturing agreements, outsourcing deals, licenses and agency and distribution arrangements, and including the critical international tax dimensions of such projects. While our experience is world-wide, we have a particular competitive advantage for Asia, including India, China, Japan and Korea
InternationalCounsel's track record since the mid-1990's is based not simply on our low-overhead approach to cross-border legal practice, including hourly rates substantially below those of the largest law firms. We have developed methodologies for cross-border structuring, drafting and negotiating, enabling a senior, hands-on approach backed by our multiple local counsel resources in each of a large number of target countries and drawing upon our collective judgment even for projects that may be led and billed-out by a single team member
Since each of us has been in charge of all or part of the international legal or tax affairs of a major enterprise, has more than 20 years of cross-border legal experience across a minimum of 20 countries, and has lived and practiced in at least 2 major world centers, each of us can deliver personal and sustained international experience. Ours is not the kind of fragmented and collective experience culled from hundreds of law firm lawyers or fellow "members" of one of today's very large number of "world law networks"

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David Laverty
InternationalCounsel
+1 312.575.0601 laverty@internationalcounsel.com
Jan Kooi
InternationalCounsel
+31 (0) 70-517-7158 kooi@internationalcounsel.com
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