January, 2012

         A 2012 Cross-Border Legal Audit - Part I 
Audit Tips 1 - 4

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Practical Ways to Enhance Revenues and Limit Cross-Border Legal Risk - Part I 


A 2012 International Legal Risk
The beginning of 2012 may be an excellent time to take a fresh look at the international legal health of your company

Emerging growth markets are especially important in light of slower growth in the US and Europe. Build a better foundation for international sales and investments without distracting your internal team or running-up excessive legal bills  


1.    Do Your International Agency and Distribution Agreements Carry Unacceptable Hidden Risk?


Mandatory local law dealer protections in Europe, Asia and elsewhere require urgent attention. What about laws that may restrict desired pricing and territory limits? Taxation traps and ways to avoid local courts? Read more here.


2.   Are You Following Best Practices for International Sales Terms and Conditions?  


Be Sure These Are Consistent Across Markets Yet Conform with Local Law. Do your warranties, limitations of liability and dispute resolution terms really protect you? Are they even enforceable? Read more here.


3.  Web Site and Online Business Compliance - Are You Neglecting the Cross-Border Dimension?


Adjust Online Terms and Conditions, Privacy Policies and Marketing Practices To Comply with In-Country Requirements (not just US standards). Do these protect you from local courts and foreign regulatory action? Are they enforceable? Read more here.  



4.   Contract Dispute Resolution Clauses - Have These Been Scrutinized for Cross-Border Effectiveness?


Your Local Court Judgments May Not Be Enforceable. Clauses requiring US court resolution in Chicago, New York or San Francisco may offer a false sense of security if a foreign court refuses to enforce. Are you aware of arbitration's enforceability advantage? Read more here.



Our Next Installment - Cross-Border Legal Audit Tips 5 - 8:


Overseas Employees, Bribery, Subsidiary Formation and India
About InternationalCounsel

We offer global contracts solutions to create best-practice cross-border templates with adjustments for key international markets 


As a first step, and for a low fixed price, we assist clients by gathering together their contracts, analyzing them, and then offering options for implementing best-practice changes (with foreign local law adjustments) along with fixed budgets

Learn more here   (and feel free to forward this to others below)
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

Beyond our work with global contracts, 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   


David Laverty

+1 312.575.0601
[email protected]