Opinions of Counsel in Cross-Border Financial Transactions

Description

As international transactions have become more common, so have requests for legal opinions in international transactions. These opinions often raise legal issues that do not arise in, or are different from, those that arise in domestic transactions. Differences in legal practices and legal systems create pitfalls for the unwary. The webinar will discuss means of dealing with these issues, including the use of assumptions, exceptions and qualifications.

The webinar will also discuss particular opinion issues that are dealt with in cross-border transactions, including enforceability of contracts governed by foreign law, choice of law, arbitration, legal authority of U.S. parties, qualification requirements of non-U.S. parties, no violation of U.S. or state law and the meaning of customary practice in the international context.

The ABA Report not only considers legal issues that opinion preparers must consider when issuing opinions in international transactions, but also discusses the impact of differences in legal systems, cultures, languages and opinion practices on the rendition of such opinions. The goal of our panel, and indeed the goal of the ABA Report, is to promote a better understanding of legal opinion practice in the international context and to reduce the time, cost and difficulty in the giving and receiving of legal opinions in the cross-border context.

Listen as our authoritative panel discusses the issues presented in cross-border opinions with reference to the ABA Report. The panel will also discuss the assumptions, exceptions and qualifications that can be utilized to add clarity and reduce risk for the opinion provider.