Going Global: A Guide to Building an International Business (Organizing and Managing an International Business) (3 Volume Set)

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Description
Several years ago, the publisher of this treatise approached us to gather our ideas about new areas of law and business that we felt might be underserved in the marketplace. Both of us are now into our third decade of legal and business counseling and have had opportunities to work with businesses of all sizes and with executives and managers from all around the world. As such, it was not surprising when we both immediately focused on cross-border business as an area that desperately needed to be revisited. Existing publications had become outdated and were often organized by legal subject matter as opposed to topics more closely aligned to launching and growing a global business. We thought we could make a difference by writing a new publication that was organized in the way that executives and managers identified and that addressed the challenges of operating in an international business environment—challenges that now confront almost every business in the United States and in foreign countries.
Companies, both large and small, consider "going global" for a variety of reasons, including the following:
•     Establishing a facility or function in a foreign country often allows companies to reduce the costs of
      operation and production. In many cases, labor costs are much lower and foreign governments offer
      other opportunities to reduce or eliminate transactional costs through exemptions from local taxes,
      tariffs, and licensing and documentary fees.
•    Companies that use raw materials as supplies often elect to pursue sources in a variety of countries.
     In many cases, materials that are scarce, or even non-existent, in a compa¬ny's home country will be
     abundant and inexpensive in a foreign market.
•    Companies often establish autonomous facilities, or enter into joint ventures with local partners, in
     foreign countries in an effort to gain a better understanding of the demands and customs of
     consumers in those countries. By actually be¬ing present in the country, the company can customize
     its goods and services to meet local requirements and begin to build brand loyalty based on
     customer service.
•    Foreign countries are often seen as potential new markets for the goods and services. New foreign
     markets can increase sales, diversify the company's customer base, and provide protection against
     variations in the domestic business cycle. Foreign markets also provide good opportunities for selling
     older, more mature, products that have become obsolete in more advanced markets. Activities in
     foreign markets provide significant learning op¬portunities to acquire knowledge that can be applied
     operations and product development activities on a firm-wide basis. Companies often partner with
     foreign firms that have developed global best practices in key functional areas, such as new product
     development, manufacturing and supply chain management.
•    Companies that look outward and participate actively in foreign markets can gain access to
     valuable human resources in those markets. Many less industrialized countries have a large pool of
     well-educated scientists and engineers who can provide high quality services at tremendous cost
     savings to firms located in higher priced markets such as the United States and Europe.
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Contents
A.   SETTING UP AND MANAGING A BUSINESS ABROAD
Chapter 1.     Introduction
Chapter 2.     Legal Framework for Cross-Border Business Activities
Chapter 3.    Evaluating Foreign Markets
Chapter 4.    Developing an International Business Plan
Chapter 5.    Export and Import Planning
Chapter 6.    Designing and Managing Global Organizations
Chapter 7.     Building and Managing a Global Law and Compliance Program
Chapter 8.    Export Compliance
Chapter 9.    Anti-Bribery Compliance
Chapter 10.  Import and Customs Compliance
Chapter 11.  Anti-Boycott Law Compliance
Chapter 12.  Negotiating and Drafting Cross-Border Commercial Agreements
Chapter 13.  International Logistics and Documentation
Chapter 14.  Financing Strategies for Cross-Border Business Activities
Chapter 15.  Payment Mechanisms for Cross-Border Transactions
Chapter 16.  International Dispute Resolution and Enforcement of Judgments
Chapter 17.  Creating and Managing a Global Intellectual Property Portfolio
Chapter 18.  Online Cross-Border Business Activities Chapter 19.  Managing the Global Workforce
Chapter 20.  International Taxation and Accounting Considerations Summary of Contents
PART B.    SELLING IN FOREIGN MARKETS
Chapter 21.  International Sales of Goods
Chapter 22.  Foreign Sales Agency Arrangements
Chapter 23.  Foreign Distributorship Arrangements
Chapter 24.  Marketing and Selling Services in Foreign Markets
Chapter 25.  International Franchising Arrangements
PART C.   PURCHASING AND OPERATING IN FOREIGN MARKETS
Chapter 26.  Purchasing Goods in Foreign Markets
Chapter 27.  Foreign Manufacturing Arrangements
Chapter 28.  Foreign Research and Development Arrangements
Chapter 29.  Transferring Operational Activities Offshore
PART D.   FOREIGN INVESTMENT ACTIVITIES
Chapter 30.  Establishing Foreign Branches and Subsidiaries
Chapter 31.  International Joint Ventures
Chapter 32.  International Strategic Alliances
Chapter 33.  Cross-Border Investments and Acquisitions
Table of Laws and Rules
Table of Cases
PART E. COUNTRY AND REGIONAL MATERIALS
Chapter 34.  Doing Business in the European Union
Chapter 35.  Doing Business in Canada
Chapter 36.  Doing Business in Mexico
Chapter 37.  Doing Business in Japan
Chapter 38.  Doing Business in China
Chapter 39.  Doing Business in South Korea
Chapter 40.  Doing Business in Vietnam
Table of Laws and Rules
Table of Cases
Index
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Author's Details
Alan S. Gutterman is currently General Counsel and Direc¬tor of Legal Affairs of ASI Computer Technologies, Inc., an international distributor of information technology products based in Silicon Valley, California, and with operations in Asia, Canada and Latin America. He has over two decades of experi¬ence as a partner and senior counsel with internationally recognized law firms counseling small and large business enterprises in the areas of general corporate and securities mat¬ters, venture capital, mergers and acquisitions, international law and transactions, strategic business alliances, technology transfers and intellectual property, and has also held senior management positions with several technology-based businesses. He has served in a number of capacities with various sections of the American Bar Association, including chairmanship of the Asia-Pacific and European Law Committees of the Section of International Law and Practice. He has been a member of the Executive Committees of the Sections of Business Law and International Law of the State Bar of California. He has also published numerous books and articles on a diverse range of legal and business topics, including the popular Thomson/West publications Business Transactions Solutions, California Transac¬tions Forms, Corporate Counsel's Guide to Strategic Alliances and Corporate Counsel's Guide to Technology Management and Transactions. Mr. Gutterman has served as an adjunct professor and lecturer on corporate finance, venture capital, corporate law, Japanese business law, and law and economic development-He received his A.B., M.B.A., and J.D. from the University of California at Berkeley, a D.BA, from Golden Gate University, and a Ph. D. from the University of Cambridge.
Robert L. Brown is a member in the Louisville office of Greenebaum Doll & McDonald, where he devotes his attention to representing emerging businesses—both start-ups and estab-lished companies going overseas. Mr. Brown's areas of expertise include antitrust and unfair competition, corporate and securi¬ties, economic development, exports and imports, finance, international, mergers and acquisitions, and product distribution.
His background blends law and business. During the three years of law school, he also obtained a masters degree in com-munity development and an M.B.A. After law school, he worked for one of Japan's leading trading companies, Mitsui & Co. During his two years its Tokyo head office, he eared a masters degree i business from a Japanese university. Next, Mr. Brown was partner at Pillsbury Madison & Sutro, as it was then known. While working in the firm's San Francisco ofice, he taught at Berkeley Law School. Later, he established and became the managing partner of the firm's Tokyo office.
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