Purchase or Sale of a Business in a Corporate Transaction
Comprehensive due diligence is essential when preparing for the purchase or sale of a business. This due diligence will vary depending on whether you are on the buy or sell side of a purchase. Each company is unique, from sector to size to valuation and business strategy. How can both parties plan for and execute […]
Ten Reasons Why the United States-Mexico-Canada Agreement (USMCA) Strengthens its Home Countries and What Practitioners Should Know About It
By Atty. Nouvelle L. Gonzalo, Esq. Chair, Florida Bar International Law Section Committee (ILS) on US-Canada Cross-Border Deals. Introduction In the United States, Canada and Mexico are more than our northern and southern neighbors. They are our top two trading partners and export markets.1 One-third of all U.S. exports this year have gone to […]
USPTO Enforcement Increases as Trademark Fraud from China Rises
Business people and IP lawyers should be aware as new reports from Bloomberg Law reveal the importance of taking great care when filing trademark and patent applications. THREE Key Steps for Counsel: VERIFY APPLICANT USE Complete due diligence on foreign trademark applications to ensure validity of mark and that it is in use. Ensure it is […]
Best Practices for Doing Cross Border Due Diligence
When doing any type of deal, it is important to do your due diligence. This is especially important when it comes to international deals. If you will engage in business with another company, see our firm best practices for doing cross border due diligence as follows: 1. BUSINESS HISTORY: Investigate the companies involved in the […]
How Does International Commercial Arbitration Work?
International Commercial Arbitration is the process used by parties conducting international business to resolve contractual disputes. Some of the frequent reasons that parties often favor arbitration is the general mistrust and uncertainty in laws, lack of fairness in the legal process, lack of independence of judicial systems of other nations, procedural delays, and elevated costs […]
How Will the Recently Lifted Sanctions in Iran Affect American Businesses?
Since 2012, the United States and other countries have maintained an embargo on Iran that has prevented it from having any normalized trade relations with several countries. The purpose of these sanctions was to curb Iran’s nuclear Program. With the agreement of Iran to work toward this purpose, the United Sates along with several other […]
What is Arbitration and is It Applicable to Your Contracts?
International Commercial Arbitration is the process used by parties conducting international business to resolve contractual disputes. Distrust and uncertainty in laws, fairness of the legal process, independence of judicial systems of other nations, procedural delays, and elevated costs of pursuing legal actions in foreign countries are frequent concerns among those involved in international business. Accordingly, […]
Options If Your Company has had a Trade Secret or Confidentiality Breached.
In the world of business today, protecting confidential information and trade secrets is an important part of conducting business. Business owners should be sure to have a detailed and carefully drafted agreement in place for all employees and vendors with whom their company conducts business. An agreement that will withstand legal scrutiny in litigation or […]
Understanding the Carriage of Goods by Sea Act (COGSA) and What it Means for Your Business.
The Carriage of Goods by Sea Act (COGSA) is American Legislation passed in 1936, yet is still used today. This act provided a way to enforce contracts under the international Hague Convention Rules. COGSA originally stated that all cargo ship owners are responsible for packages that are shipped; however, liability per package is limited […]
When Will the CISG Take Precedence Over the UCC?
The Uniform Commercial Code (UCC) and the United Nations Convention on the International Sale of Goods (CISG) have many similarities yet also contain many differences. If you are considering conducting business concerning the international sale of goods, it is important that you are aware of these differences prior to signing a contract. The UCC was […]