Focus on Cross-Border Transactions
Today's business lawyer is increasingly faced with the challenges of practicing across international borders. The complex demands of cross-border transactions can seem bewildering, but the following material from the 2011 ABA Annual Meeting can help every business lawyer make their next cross-border transaction a successful one:
- To understand the main pitfalls and traps awaiting the cross-border counsel, consider this presentation from the Business Law Education Committee: [Materials].
- Litigation presents its own cross-border challenges. If you plan on ever dealing with cross-border discovery, you will not want to miss this presentation from the Business and Corporate Litigation Committee: [Materials].
- The U.S.A.'s closest northern neighbor hosted this year's ABA Annual Meeting. To get an inside look at doing business across the Canadian border, look at "Bridging Borders: Trends in Canadian-U.S. Business Financings: [Materials].
- Bankruptcies know no borders! To understand the current trends and issues in transnational bankruptcy law, be sure to view this presentation by the Business Bankruptcy Committee: [Materials].
- Debtor-in-possession loans ("DIP loans") create their own special challenges across borders. The Commercial Finance Committee provides an outstanding summary of the cross-border issues and challenges surrounding the implementation of this increasingly popular component of restructurings: [Materials].
- To better understand the issues associated with the transfer of funds between international parties, see "Emerging Payment Systems: Latest Developments in Deposit and Payment Systems and their Cross-Border Implications:" [Materials].
'Say on Pay' Round-up
Now that we have been through the first proxy season under the Dodd-Frank "say on pay" rules, the Business Law Section has taken the lead and compiled the key lessons learned. Be sure to review this presentation for a summary of this vital new corporate governance provision: [Materials].
Poison Pills and Airgas
One of the more important Delaware corporate law cases of recent years, Air Products and Chemicals, Inc. v. Airgas, Inc., is highlighted in this presentation by the Mergers and Acquisitions Committee: [Materials]. The presentation includes background material on poison pills in general and explores the Airgas decision in detail.
Secured Transactions Update
- So you have closed on that big deal and all that is left is to print the closing book and drink the champagne? Not so fast, business lawyer-if there was a security interest granted in the transaction, then there are numerous issues that could arise even after the closing. For an excellent summary of these potential problem areas, see "After the Closing Dinner: Managing Post-Closing Issues in Secured Transactions" from the Uniform Commercial Code Committee.
- Secured transactions are another cross-border issue for today's business lawyer. For a thorough summary of issues surrounding collateral in non-U.S. jurisdictions, be sure to check out this presentation from the Uniform Commercial Code Committee: [Materials].
Intellectual Property Issues
- The rise of the web, social media and similar communication tools makes it easier for others to infringe on IP. Learn how to better guard your client's IP in these helpful materials from the 2011 ABA Annual Meeting [Materials].
- Do your clients do business in China? If so, you should read these instructive materials on intellectual property and licensing strategies for companies doing business in China [Materials ].
The Latest on Nonprofit Organizations
If any of your clients are nonprofit entities, then the Nonprofit Organizations Committee'srecent newsletter is a must-read. You will especially want to focus on the newsletter's feature article by Michael Sol, explaining a key tax issue for nonprofit organizations: "The Strategic Importance of the 990 Return."