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With the increase of corporate globalization, potentially relevant evidence can reside in many countries. From foreign language and computer language barriers, to privacy laws and safe harbor issues, counsel encounter numerous challenges when litigation is anticipated. It’s critical to understand the rules and regulations that govern the access to and the use of foreign data. This session will examine ethical issues and practical solutions for cross-border e-discovery, including e-discovery vs.

The global expansion of criminal risk for international companies and their executives progresses with lightning speed: some countries are setting even more stringent standards than in the US. Cooperation between international agencies is growing. The EU arrest warrant now allows arrest by foreign prosecutors without the need for a court process and extradition from the US is a real possibility. Given the high financial and reputational damage that criminal liability causes, in–house counsel need to understand the risks that their global companies and executives face.

Presented at ACCA’s Annual Meeting 2000; Program - A Comparative Analysis between U.S. and European Competition Laws.

Program Materials: Article with caselaw, FPCA guidelines. Outline sample of certificate of compliance.

This article includes information regarding investing in Latin America (focus on Mexico), including cross-border distribution, joint venture agreements, NAFTA and the Inter-American Investment Corporation.

803 - Doing Business in China

Annual Meeting 2006: Is Latin America an untapped market for your organization? If so, expanding business into the region can be a great benefit for your company. Knowing the rules of the game in advance can only make your foray there that much more successful. In this session, you will learn how to effectively manage government and media relations, labor and employment law issues unique to the region, including those related to ex-pats, conducting M&A activities, including dealing with competition law issues, and running operations in Latin America.

The European Union has been preparing new rules on the provision of financial services across EU borders, called MiFid, that will apply broadly across Europe and allow easier and broader access to European financial markets through a common set of rules. At the same time, outside financial services firms are advancing at a fast pace in China, taking advantage of continuing liberalization efforts there. Take this opportunity to learn about the legal issues that corporate counsel and compliance staff should be most concerned about when it comes to expansion efforts in the E.U.

In this session you will learn about the four main financial statements: balance sheets; income statements; cash flow statements; statements of shareholders’ equity and
the difference in publicly-traded vs. private companies’ perspectives on these reports. Understanding the dynamics of the main four is critical to any senior counsel managing a business unit or General Counsel and will assist you in tracking areas of concern and providing the appropriate strategic recommendations.

Cross-border M&As have become part of the global business landscape. Global customers require companies to obtain scale and have a global presence in the markets. Through a detailed review of the key factors and recommendations, the panelists will provide a practical approach to a bullet-proof cross-border merger.

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