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

Optimizing Data Flow, Choice of Law, Dispute Resolution and Enforcement Provisions, and Navigating Regulatory Issues

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, November 14, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will provide transactional attorneys with critical guidance on structuring cross-border commercial transactions. Our panel will offer insight on negotiating and drafting essential terms like choice of law and dispute resolution provisions and how to optimize data flow between parties amid increasingly strict policing of international data transfer clauses.


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.



  1. Cross-border transactions
    1. Structure
    2. Risks
    3. Common types
  2. Key provisions
  3. Transaction management


The panel will review these and other essential considerations:

  • How can counsel best prioritize the multiple factors that impact the structure of a transaction (i.e., tax, accounting, reporting, corporate, etc.)?
  • What cross-border issues can affect deal structure?
  • What practical steps can counsel advise for managing cross-border transactions to maximize the benefit for clients?


Burke, Michael
Michael E. Burke

Arnall Golden Gregory

Mr. Burke possesses vast experience with cross-border transactions in more than 50 international jurisdictions. He...  |  Read More

Hudson, Adglon
Adglon (Adge) Hudson

Of Counsel

Mr. Hudson is a valued and trusted C-Suite advisor having over a decade of experience as a General Counsel and Chief...  |  Read More

Kuhn, Michael
Michael P. Kuhn


Mr. Kuhn practices in the areas of commercial, corporate, employment, and business immigration law, with a strong...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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