Crossing the Border: Legal Issues in International Business Transactions

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Course Description

This program was recorded on May 31st, 2018

In this world of global commerce, what are the essential considerations for legal advisement? What distinguishes domestic and transborder contracts? What laws will apply? What are the added client risks and how can they be managed through legally enforceable agreements? Why legal advice for choice of law and forum is frequently contrary to client interests?



  • Bruce Janigian
    Bruce Janigian, A.B., J.D., LL.M., practices international business and commercial law and government relations, and advises global business leaders, government officials and international organizations. He is called upon as an expert witness in matters ranging from global trade financing to independent contractor/employee determinations and agricultural labor, and just completed a major Export Control Act matter for a Silicon Valley startup. He is frequently called upon as a keynote speaker and has trained executives around the world, including UN agencies. He leads the US delegation in the European Academy of Sciences and Arts and serves on advisory boards for the University of California, the University of San Francisco, Salzburg College and the World Affairs Council. Mr. Janigian's international appointments have included the vice presidency of the Salzburg Global Seminar, Fulbright and visiting professorships in international law, attorney adviser for the US Agency for International Development, and legal counsel for the US Navy, where his work included foreign military sales.

    Contact Bruce Janigian
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    1. Understanding the legal dimensions of Global Commerce
      1. Public and Private International Law
      2. The Interplay of Legal Regimes Controlling the Transborder Contract
      3. What’s Old is New: Res Extra Commercium under Roman Law
      4. The Issues Separating a Domestic from a Transborder Relationship
    2. Assigning and Managing Risk in International Contracts
      1. Factors Stemming From International Litigation Drive Contractual Considerations
      2. Controlling Risks in Shipment, Delivery and Payment
      3. All Important INCOTERMS
      4. The CISG
      5. Letter of Credit Concerns
      6. Issues With Contracts for Services and Agents
    3. Dispute Management
      1. Which Laws and Venue Will Control?
      2. Why Choosing Your Own Laws and Venue May Be the Worst Choice
      3. Union Carbide in Bhopal
      4. Courts, Arbitration or ADR?
      5. It’s Not Over Until It’s Over:
        1. Enforcing Foreign Judgments and Arbitral Awards
        2. The New York Convention
        3. Enforcing Local Judgments Against A Foreign Party
    4. Additional Concerns
      1. Staying Out of US Prison
      2. Export Controls and Other Trade Regulations
    5. Keeping What’s Yours When You Venture Abroad
      1. Protecting Intellectual Property

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