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Negotiating & Drafting International Business Agreements

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Negotiating & Drafting International Business Agreements Course Leader June 11 & 12, 2012, Toronto Two-Day Event! David Buchannan, Miller Thomson LLP Latest Developments & Strategies for Successfully Negotiating and Structuring International Transactions Robert Ellis, Celestica th Dale Hill, Negotiating & Gowling Lafl eur 5 Henderson LLP Mark Katz, Drafting International Davies Ward Phillips & Vine- berg LLP Jonathan Levin, Business Agreements Fasken Martin- eau DuMoulin LLP Enter foreign markets with confi dence John A. Terry, Torys LLP APPLICABLE TOWARD CPD REQUIREMENT Julie Colden, Workshop Included: Drafting International Contracts and Osler, Hoskin & Harcourt LLP Agreements: Key Principles and Common Clauses participating organizations David M. Shaw, Bank of Nova Scotia Fogler, Rubinoff LLP Blake, Cassels Blake, Cassels & Graydon LLP Gowling Lafl eur Henderson LLP & Graydon LLP Cassels Brock LLP Miller Thomson LLP Celestica Osler, Hoskin & Harcourt LLP Davies Ward Phillips & Vineberg LLP Stikeman Elliott LLP Colleen Spring Fasken Martineau DuMoulin LLP Torys LLP Zimmerman, Fogler, Rubinoff LLP who should attend Corporate Counsel, Lawyers in Private Practice, International Tax Executives, International Finance Executives, International Business Consultants A. Keith Tuomi, Bank of Nova Scotia course highlights • Examine the fi nancial and fi scal law governing fi nancial transactions that cross national borders Michael D. Amm, • Explore recent new statutes related to international trade that have Torys LLP added a new complexity to international business transactions • Examine the differences between the competition law framework in Canada, the U.S. and the EU • Examine the risks associated with international business transactions Michael Burkett, • Develop strategies for resolving disputes Stikeman Elliott • Examine the key elements and clauses in various types of international business agreements LLP “Learned a lot from case “Course raised some “Very good course with studies.” important issues with great examples, presenters as well as: - Michel Dorion, respect to international really know their stuff.” contracting & offered some Jonathan In-House Counsel Fleisher, (Senior Legal Advisor) great nuggets.” Cassels Brock Fonds Solidarite FTQ LLP FACULTY COURSE LEADER DAVID BUCHANNAN JONATHAN LEVIN JONATHAN FLEISHER David Buchanan is a partner in the Busi- Jonathan A. Levin, Partner, practises business Jonathan Fleisher is a partner in the Financial ness Law Group of Miller Thomson LLP in law with Fasken Martineau DuMoulin. He Services & Business Law Groups at Cassels Toronto and Co-Chair of the firm’s Interna- was named by the National Post & Lexpert® Brock LLP. tional Business Transactions Group. as one of Canada’s 30 leading dealmakers. He is ranked by Lexpert® as a leading practitio- MICHAEL BURKETT ner in the areas of M&A, Corporate Finance & Michael Burkett is a partner at Stikeman CO-LECTURERS Securities, Corporate Commercial Law. Elliott LLP, practising corporate and com- mercial law. ROBERT ELLIS JOHN A. TERRY Robert Ellis is VP and Assistant General John Terry is a Partner with Torys LLP. His COLLEEN SPRING ZIMMERMAN Counsel for Celestica. His practice includes civil litigation practice focuses on business, Colleen Spring Zimmerman is a lawyer and a the drafting and negotiation of complex international trade and public law. partner of Fogler, Rubinoff LLP. agreements in Asia, Europe and the Ameri- cas. JULIE COLDEN A. KEITH TUOMI Julie Colden is a Partner with Osler, Hoskin & A. Keith Tuomi is Senior Legal Counsel, DALE HILL Harcourt LLP. International at The Bank of Nova Scotia. Dale Hill is a partner in Gowlings’ Ottawa He engages in a wide variety of international office and is the national leader of the DAVID M. SHAW corporate/commercial legal work. Gowlings Transfer Pricing and Competent David Shaw is a Partner in the Business and IT Authority team. Groups with Blakes LLP. MICHAEL D. AMM Michael Amm is a member of Torys’ M&A MARK KATZ and Mining and Metals practice groups. He is Mark Katz is a partner in the Toronto office involved in Torys’ work with Chinese clients. of Davies Ward Phillips & Vineberg LLP. COURSE PROGRAM NEGOTIATING AND STRUCTURING INTERNATIONAL KEY LEGAL ISSUES TO CONSIDER IN INTERNATIONAL ACQUISITIONS AGREEMENTS: IMPACT OF TREATIES AND CONVENTIONS ON BUSINESS AGREEMENTS International acquisition deals can take on a variety of formats, each presenting unique challenges and considerations. This presenta- Evolving international statutes and a host of international agreements tion will explore the substantive issues faced and best strategies for have added a new level of complexity to international business transac- negotiating and structuring international deals. tions. This session will examine the evolving framework of international trade treaties, conventions, model laws and business standards · Most recent financial and legal developments in international M&A · Negotiating and structuring international M&A transactions · International law considerations and the choice · Innovative acquisition structures being used in of governing law of the contract international transactions · Trade sanctions, embargoes and export controls · Strategic and legal considerations in choosing · GATT, WTO and NAFTA and their relevance to an acquisition structure commercial transactions · Trends in negotiating and structuring acquisitions · Import quotas, tariff surcharges and other forms of import controls · Investment protection agreements (FIPAs) and their relevance · Dealing with conflicts in law: multi-jurisdictional legal issues SUPPLEMENTARY COURSE MATERIAL Federated Press is now providing delegates with access to an innovative new database containing at least 25 interactive multimedia presentations by leading ex- perts and approximately 20 hours of lectures on the topics covered by this course, including all slides and speakers’ papers. See the list of presentations on page 4. Delegates will also receive a trial subscription to the Legal Channel, a much broader resource representing hundreds of hours of interactive multimedia lectures on leading edge Legal topics as delivered at our many recent Legal conferences and courses. - This program can be applied towards 9 of the 12 hours of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that these CPD hours are not accredited for the New Member Requirement. - For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta. - Attendance at this course can be reported as 10 hours of Continuing Professional Development (CPD) to the Law Society of B.C. - The Barreau du Québec automatically accredits training activities held outside the Province of Quebec and accredited by another Law Society which has adopted MCLE for its members. COURSE PROGRAM MANAGING RISK IN INTERNATIONAL BUSINESS TAX CONSIDERATIONS WHEN STRUCTURING TRANSACTIONS: CROSS BORDER DUE DILIGENCE INTERNATIONAL AGREEMENTS A well managed due diligence process is necessary to mitigate the This session will examine tax issues to take into account when negoti- additional risks associated with international business transactions. ating, drafting and structuring international deals. This session will examine the risks inherent in international business negotiations. · Tax risks involved in negotiating international agreements · Tax planning practices for minimizing Canadian · Conducting transnational due diligence and foreign income taxes · Contractual liability in foreign countries · Choosing tax effective structures for international deals · Insurance provisions · Transfer pricing considerations · Identifying potential high risk issues DRAFTING INTERNATIONAL OUTSOURCING AGREEMENTS PRE-CONTRACT ISSUES This session will look at the key considerations that should go into Getting a contractual relationship off on the right foot means ef- drafting and negotiating international outsourcing agreements. fectively taking care of all pre-contractual issues. This session will examine key pre-contract issue in international agreements · Structuring international outsourcing agreements · Protecting security and confidentiality in the agreement · Pre-contractual liability: civil and common law · Identifying the risks of global outsourcing with emerging countries · Drafting term sheets/letters of intent · Ensuring legal compliance · Choice of law considerations · Best practices for drafting non-binding documents INTERNATIONAL FINANCING TRANSACTIONS NEGOTIATING INTERNATIONAL JOINT VENTURES This session examines negotiating and drafting term sheets, commit- AND STRATEGIC ALLIANCES AGREEMENTS ment letters, loan agreements and other financing agreements on an international level. This presentation will provide an overview of the complex business · The latest trends in finance structures in international transactions and legal considerations associated with drafting and negotiating · Types of security: cash, shares, real estate, credit insurance international joint venture agreements. · Techniques of financing · Local funding requirements · Best practices in drafting joint venture agreements · Special legal/regulatory issues in transnational agreements · Division of the profits and losses: tax considerations DRAFTING INTERNATIONAL AGENCY · Key clauses for international joint venture agreements AND DISTRIBUTION AGREEMENTS This session will examine how the drafting & negotiating of international COMPETITION
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