Business & Securities Law

4.62

Cross-Border Business Transactions 2024

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 49 minutes
Griffen Thorne
Max Bonici
Jonathan Bench
Rachel Rose
Mark Stignani
Kenneth Votre
Bryce Denny
With Griffen J. Thorne from Lewis Brisbois LLP + 6 others
Recorded June 18, 2024
Product ID 98739

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Overview

Current Laws, Compliance, Risk Reduction Strategies, and More

Get the tools to navigate the current landscape of international business transactions with insights from experienced attorney practitioners! This course addresses the latest risk reduction strategies, jurisdictional challenges, regulatory compliance, due diligence, and cross-border legal ethics considerations. Stay ahead in the dynamic global marketplace of changing laws and business practices. Register today!

  • Comply with the growing body of laws controlling privacy and data security - in the US, EU, and elsewhere.
  • Draft better cross-border contracts with effective use of reps and warranties.
  • Clarify the new anti-money-laundering rules imposed on international businesses and transactions.
  • Get practical tips for managing local legal and business customs.
  • Learn how to resolve disputes in cross-border deals.
  • Come away armed with practical knowledge for tackling conflicts of laws.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Julie Globus.

Abbreviated Agenda

  1. Knowing the Legal Environment
  2. Knowing the Cultural/Political Environment
  3. Different Corporate Structures
  4. Conflicts of Laws
  5. Regulatory Environment
  6. Due Diligence and Corresponding Risk Assessment
  7. Risk Reduction Strategies
  8. Legal Ethics in Cross-Border Practice
Product ID 98739

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Knowing the Legal Environment

    1. What are the Jurisdictions Involved?
    2. What is the industry Involved?
    3. What is the Legal Framework?
    4. Are There Specific Regulatory Requirements?
    5. Specific Trade Laws
    6. Treaty vs. Non-Treaty Nations
    7. Intellectual Property laws and LIcensing Rights
    8. Creditor Protections Pre-Transaction
    9. Employee Protections
  2. Knowing the Cultural/Political Environment

    1. Specific Cultural Customs
    2. Specific Legal Customs
    3. Political Unrest
    4. Economic Trends and currency Stability or Fluctuations
    5. Currency Exchange Risks (Can They be Contractually Controlled?)
    6. Intellectual and Real Property Rights
    7. Tax Implications
  3. Different Corporate Structures

    1. Joint Ventures vs. Mergers
    2. Public and/or Private
    3. Entity Type
    4. conversions of Entity or Movement Over Borders
    5. Restructuring
    6. Pre-Transaction vs. Post-Transaction
    7. Merging vs. De-Merging
  4. Conflicts of Laws

    1. Are the Legal Systems Different?
    2. Are There Competing Regulatory Regimes?
    3. Are There Competing Mechanisms for Business/Trade?
    4. Where is a Specific Contract Most Enforceable?
    5. How to Meet the Needs of Regulatory Compliance
    6. International Conventions and Harmonizing rules
    7. United Nations Convention on Contracts for the International Sale of Goods
    8. World Trade Organization Agreements
  5. Regulatory Environment

    1. KYC - Customer Due Diligence
    2. Banking and finance
    3. Anti-Money-Laundering (AML) Statutes
    4. Financial Compliance
    5. Data Protections and Data Storage Regulations (Data Retention Directive and GDPR)
    6. Import/Export Regulations, Restrictions and Potential Sanctions
    7. Language Barriers
  6. Due Diligence and Corresponding Risk Assessment

    1. Reputational Issues
    2. Operational Considerations
    3. Financial Stability of Parties
    4. Risk Mitigation Actions Taken
    5. Risk Mitigation Strategies Going Forward
    6. Changes in Governmental Policy or Threatened Changes
    7. Economic/Financial Fluctuations
    8. Stability of the Economy
    9. Stability of the Relationship Between Hosting Nations
    10. Risk Reduction Analysis
  7. Risk Reduction Strategies

    1. Indemnification Provisions
    2. dispute Resolution Methods
    3. International Arbitration (Total or Partial)
    4. International/Domestic Courts
    5. Governing Jurisdiction
    6. Termination rights
    7. Employee and Employer Rights and Responsibilities
    8. Representations and Warranties
    9. Insurance Coverage
      1. Kidnap Insurance
      2. Rep and Warranty Insurance
      3. Other Insurance Policies
  8. Legal Ethics in Cross-Border Practice

    1. Competency and Legal Standing
    2. Conflicts of Interest and Representation of Multiple Parties
    3. Foreign Corrupt Practices Act (FCPA)
    4. AML - Due Diligence? Is it Required?
    5. Attorney trust Accounts and Retainer Agreements
    6. Attorneys Fees and FMV of Services
    7. Avoiding Unauthorized Practice of Law (UPL)

Who Should Attend

This program is designed for attorneys. Accountants, business directors, chief compliance officers, and paralegals will also benefit.

Speakers

Griffen J Thorne
Griffen J.
Thorne
Lewis Brisbois LLP
Max Bonici
Max
Bonici
Davis Wright Tremaine LLP
Jonathan P Bench
Jonathan P.
Bench
Kirton McConkie PC
Rachel V Rose
Rachel V.
Rose
Rachel V. Rose Attorney at Law, PLLC
Mark Stignani
Mark
Stignani
Barnes & Thornburg LLP
Kenneth A Votre
Kenneth A.
Votre
Votre & Associates, P.C.
Bryce J Denny
Bryce J.
Denny
Law Office of Bryce Denny, L.L.C.
Speaker bio
Griffen J Thorne

Griffen J. Thorne

Lewis Brisbois LLP
Griffen Thorne

is a partner at the Los Angeles office of Harris Sliwoski LLP, an international emerging markets law firm. He has represented hundreds of clients in highly regulated, controlled substances markets. Mr. Thorne's practice includes M&A, commercial transactions, real estate leasing and dispositions, equity and debt finance transactions, and general regulatory guidance. He also assists clients with specific regulatory issues from applying for competitive and non-competitive local and state government licenses, through day-to-day regulatory compliance. Mr. Thorne began his career litigating high-stakes intellectual property and commercial litigation cases at one of the largest law firms in the United States, where he argued motions before state and federal courts and the California Court of Appeals. As a former litigator, he is intimately familiar with common contract negotiation and drafting issues that can lead to business and contract disputes. Mr. Thorne was one of the leading vice chairs in the first panel of the Los Angeles County Bar Association's Cannabis Section. He writes weekly for the Canna Law Blog, and has written a variety of cannabis-related articles for a number of legal publications. Prior to beginning his legal career, Mr. Thorne studied music at the University of California, Berkeley. After Berkeley, he attended law school at Loyola University of Chicago, where he was the editor-in-chief of the Loyola University Chicago Law Journal.

Speaker bio
Max Bonici

Max Bonici

Davis Wright Tremaine LLP
Max Bonici

is counsel at the Washington, D.C. office of Venable LLP, where he counsels U.S. and non-U.S. financial institutions and financial services providers on regulatory, supervisory, and enforcement matters. Mr. Bonici represents clients in prudential bank regulatory matters, applications and other filings, and powers/structure questions before U.S. bank regulators and in U.S. and cross-border internal investigations and due diligences. He counsels clients on enhancing policies and procedures and implementing remediation steps. Mr. Bonici regularly works on matters involving the Bank Holding Company Act, International Banking Act, National Bank Act and Dodd-Frank Act, including the Volcker Rule, among others. He also counsels emerging fintech and other tech companies on bank regulatory matters. Mr. Bonici represents U.S. and non-U.S. financial institutions, their non-bank affiliates, vendors, and other financial services providers on U.S. financial laws and core bank regulatory issues; involving the Federal Reserve, Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC), Financial Crimes Enforcement Network (FinCEN), Office of Foreign Assets Control (OFAC), Consumer Financial Protection Bureau (CFPB) and state banking regulators. He counsels clients on issues involving powers and permissible activities, structure and control, charter choice and conversions, Volcker Rule compliance, branching, affiliate transactions, third-party relationships, crypto and digital assets, bank-fintech partnerships and vendor issues, FDIC deposit insurance applications and coverage issues, FDIC recordkeeping requirements, passthrough insurance, and advertising rules. Mr. Bonici also advises and manages regulatory applications for de novo institutions and activities, bank holding companies, business combinations, controlling and non-controlling equity investments, charter conversions, U.S. entry options for non‑U.S. financial institutions; including the establishment of U.S. branches and representative offices, and licensing and compliance considerations for fintechs and technology companies, bank partners, and non-bank financial services providers. Prior to private practice, he worked at the FDIC and the International Monetary Fund (IMF). Mr. Bonici also serves as general counsel to Women in Housing and Finance; a premier, nonpartisan association of women and men that actively promotes its members in the fields of housing and financial services, while retaining a focus on its female members. He earned his B.A. degree, summa cum laude, from George Washington University and his J.D. degree from George Washington University.

Speaker bio
Jonathan P Bench

Jonathan P. Bench

Kirton McConkie PC
Jonathan Bench

is a partner and chair of Harris Sliwoski LLP's corporate practice group, and managing attorney of the firm's Salt Lake City office where he helps entrepreneurs, companies, and venture capital and private equity funds with international and domestic business transactions. His clientele stretches across Asia, Europe, the Middle East, Africa, and the Americas. Mr. Bench has worked and consulted in the U.S., Asia and South America and is fluent in Chinese and Cantonese. National and global trade organizations regularly invite him to speak regarding international business transactions, particularly foreign direct investment to and from the U.S. and China, as well as alternatives to the China market. Mr. Bench is also on the Board of Directors for World Trade Center Utah and mentors entrepreneurs through various nonprofit organizations. He is an emerging legal expert in the fast-moving and complex web3 ecosystem, including business and regulatory issues surrounding decentralized autonomous organizations (DAOs), smart contracts, decentralized finance (defi), cryptocurrencies, coins, and tokens, including non-fungible tokens (NFTs). Mr. Bench has worked on wide-ranging blockchain projects involving various international DAO communities, NFT artists and studios, layer-2 blockchain developers, metaverse companies, and celebrity brand influencers. He is a regular contributor to the award-winning China Law Blog, where he shares his practical insights into navigating business activities in China and with Chinese companies. Mr. Bench also frequently writes for our HS Blog and various legal publications on global business matters and blockchain legal developments. Recently, he was recognized as a top author on Lexology. Mr. Bench earned his B.A. degree from Brigham Young University, his M.B.A. from The George Washington University School of Business and his J.D. degree from The George Washington University Law School. He is a member of the Utah State Bar, Washington State Bar Association and the Maine State Bar Association.

Speaker bio
Rachel V Rose

Rachel V. Rose

Rachel V. Rose Attorney at Law, PLLC
Rachel Rose

, JD, MBA, successfully advises and represents clients on healthcare, cybersecurity, securities, qui tam compliance, transactional litigation, and government enforcement matters. She is an affiliated member with the Baylor College of Medicine's Center for Medical Ethics and Health Policy, where she teaches bioethics. Ms. Rose is often quoted as an expert. In addition to being extensively published and a sought-after presenter and quoted expert, she holds an M.B.A. degree, with minors in healthcare and entrepreneurship, from Vanderbilt University; and a law degree from Stetson University College of Law, where she graduated with various honors, including the National Scribes Award. Ms. Rose also attained a certificate in negotiation and leadership from Harvard University. She is licensed in Texas, and is a fellow of the Federal Bar Association. Currently, Ms. Rose serves as a director on the FBA's National Board. She is a member of and the immediate past chair of the Federal Bar Association's Government Relations Committee, member of the Advisory Board of the Federal Bar Association's Qui Tam Section, co-editor of the American Health Lawyers Association's Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), and a co-author of the ABA's books The ABCs of ACOs and What Are International HIPAA Considerations? Ms. Rose is extensively published and presents on a variety of matters related to her practice. She has been named consecutively to the Texas Bar College, National Women Trial Lawyers Association's Top 25, Houstonia Magazine's Top Lawyers (healthcare law), National Trial Lawyers Association's Top 100 and The Nation's Top One Percent. Ms. Rose was awarded 1st Healthcare Compliance's 2019 and 2022 Top Presenter Award. In 2023, she was selected for Super Lawyers (healthcare). Ms. Rose may be reached through her website www.rvrose.com.

Speaker bio
Mark Stignani

Mark Stignani

Barnes & Thornburg LLP
Mark Stignani

is a partner in the Minneapolis office of Barnes & Thornburg LLP. He is the chair of the firm's data analytics practice group, and applies his intellectual curiosity, technical and research savvy, and penchant for innovation to create a broad spectrum of analytics and strategic review of clients' corporate transactions, reorganizations, and intellectual property endeavors. Mr. Stignani earned his J.D. degree from William Mitchell College of Law while working for Alliant Techsystems. He previously had completed postgraduate work in robotics and control systems at the University of Minnesota and National Technological University, while working at Honeywell, Inc. Further, Mr. Stignani is a certified information privacy professional (CIPP). He offers his insights through dozens of webinars annually, and serves as a regular lecturer at colleges and universities across the state of Minnesota. Mr. Stignani also is a frequent speaker at for various associations and conferences, including Reel Lawyer, Black Hills IP Analytics Series, LES International and Practicing Law Institute.

Speaker bio
Kenneth A Votre

Kenneth A. Votre

Votre & Associates, P.C.
Kenneth Votre

is an attorney at Votre & Associates, P.C. He practices commercial litigation, taxation, tax litigation, international business litigation, legal malpractice, and intellectual property litigation. Mr. Votre earned his bachelor's degree from the University of Bridgeport, as well as his J.D. degree, magna cum laude. He earned his LL.M. degree in taxation from the University of Bridgeport and his LL.M. degree in international and comparative law from Georgetown University Law Center. Mr. Votre is admitted to practice law in Connecticut; New York; U.S. District Court, District of Connecticut; U.S. Tax Court; U.S. Court of Appeals, Federal and Second circuits; U.S. Court of International Trade; U.S. Supreme Court; and U.S. District Court, Northern District of Illinois.

Speaker bio
Bryce J Denny

Bryce J. Denny

Law Office of Bryce Denny, L.L.C.
Bryce Denny

is the owner of Law Office of Bryce Denny, L.L.C., where he primarily practices labor and employment law. He is admitted to practice in both Texas and Louisiana. Mr. Denny was re-appointed in 2017 to a three-year term on the Louisiana State Bar Labor Law Advisory Commission. He is a member of the State Bar of Texas and the Louisiana State Bar Association. Mr. Denny earned his B.A. degree from Austin College in Sherman, Texas, and his J.D. degree from Baylor University.

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