Structuring Cross-Border Commercial Transactions: Negotiating and Drafting Key Deal Terms

Description

To function in the international marketplace, businesses need a deep understanding of the myriad risks attendant to the globalization of transactions, and the bevy of legal solutions available. Counsel for parties engaged in cross-border transactions must be well-versed in structuring deal terms to mitigate potential risks and maximize the transactional benefits for their clients.

Issues that seem relatively straightforward in transactions between domestic entities, like choice-of-law and dispute resolution provisions, must be carefully reassessed by counsel in the context of cross-border transactions. Counsel must also assess regulatory compliance for the proposed transaction, including antitrust and local tender rules along with other regulatory frameworks that may impact licensing and qualification requirements.

Counsel must give practical considerations proper attention when crafting agreement provisions. A transaction spanning time zones, languages and cultures poses a significant challenge to a deal’s completion and can undermine the agreement if not addressed thoughtfully.

Increasingly, deal counsel must also consider issues impacting the free flow of data between the parties to the transaction. Governmental restrictions on the transfer of data across borders can have severe implications; attorneys must be prepared to offer creative and viable solutions.

Listen as our panel of seasoned transactional attorneys discusses the risks facing counsel for cross-border transactions and how to best address them in the negotiation, drafting and management of these transactions.