Key Legal Insights for Exporters Trent Sutton Littler Mendelson P.C. Eric Schultz Barclay Damon Sam Wu Morningside Translations HOSTED BY PRESENTED BY
Insight: International Law Rochester June 2016
INTRODUCTION: WHO WE ARE Littler: World s largest law firm exclusively devoted to representing management in employment and labor law matters: 1,000+ attorneys in 60+ offices worldwide Trent Sutton: International labor and employment attorney and practitioner tsutton@littler.com (585) 203-3404 3
INTERNATIONAL LAW: AN OVERVIEW What it is What about market entry What are some primary pitfalls 4
What is international law Largely Misnomer US laws with international application Law is largely local in nature Comply at both ends
WHAT ABOUT MARKET ENTRY? Which Markets? Not just about potential customers What Approach? Remote? Fly in / Fly out? Boots on the ground? What Laws? Tax, Immigration, Corporate, Employment 6
CAUTION: WHAT ABOUT INDEPENDENT CONTRACTORS? Pros They run their own business One contract No employment Common for initial market entry Cons Little control Inadvertent employment Inadvertent permanent establishment 7
CAUTION: WHAT ABOUT CORRUPTION AND BRIBERY LAWS Bribes from the private to public sector > one trillion USD annually Increased enforcement of anti-corruption laws Mandatory obligations to implement strategies to prevent corruption Strategies extend not just internally but externally to agents, contractors, and vendors. Severe penalties for non-compliance
HISTORICAL FOCUS ON ENFORCING CORPORATE ETHICS 1970 - SEC investigations uncover questionable payments to foreign officials 1977 - FCPA enacted after SEC reports > 400 companies paid $300M + in bribes 1988 - FCPA amended; easier to prosecute employees and agents 1996 - OAS Inter-American Convention on Corruption 1998 - US signs international anti-bribery law implementing OECD 1998 - US expands FCPA jurisdiction over foreign persons and corporations 1999 - Canadian Corruption of Foreign Public Officials Act takes effect 1999 - OECD Convention takes effect 2002 - Council of Europe (EU) Convention on Corruption takes effect 2005 - UN Convention on Corruption takes affect 2008 - Unprecedented growth in US and int l enforcement of anti-corruption laws 2011 - UK Bribery Act takes effect 2012 - European Union Adopts New Anti-Corruption Package Over 40 years of increasing worldwide enforcement
ENFORCEMENT Current Regulations The Foreign Corrupt Practices Act (FCPA) Other Anti-Corruption and Bribery Laws Federal Sentencing Guidelines Authorities Refocused Efforts More focus on individual enforcement actions Focus on large ongoing investigations Continued Fines in 2015 though less than 2014 Multi-jurisdictional prosecution
What Other Considerations Are There? A word about data privacy A word about protecting your information Non-disclosure, Non-competes, Non-solicits A word about employing individuals abroad No At Will; Mandatory benefits Any other words?
Immigration and Border Issues for Canadians Greater Rochester Enterprise 2016 Trade Conference
Nonimmigrant Visa Status B-1 Business Visitor - Legitimate business activities - Establishing a U.S. business - Expanded NAFTA B-1 activities
L-1 Intra-Company Transferee - Criteria for Eligibility - Application Process, including required documentation, filing fees and where to file
TN Professionals - Which professions qualify? - Application process
E-2 Treaty Investor - Who qualifies? - Application process for initial applications
Immigrant Visas Employment-based immigrant visas - Preference categories - Application process
Border Issues - Admissibility Issues - Waivers of Inadmissibility
Thank you Eric W. Schultz, Esq. Barclay Damon, LLP 200 Delaware Avenue Buffalo, New York 14202 Phone: (716) 566-1412 Fax: (716) 846-1216 eschultz@barclaydamon.com www.barclaydamon.com
Samuel Wu Director of Localization June 10, 2016 20
Intellectual Property (IP) Copyrights Trademarks Patents - artistic creations (books, photographs, paintings, music) - distinguishing sign/symbol(nike swoosh, etc.) invention - a solution to a specific problem in the field of technology (light bulb, bread slicing machine, Lipitor)
Prior Art/Foreign References Direct and National Phase Filings Articles published in scientific journals Previously published patents/patent applications Paris Convention (AR, TW, VZ) PCT National Phase (BR, CN, JP, KR, etc.) European Validation Determine which EP member states to protect patent (EPO)
1961 Hague Convention - Simplified certification of public documents - Applicable to signatory countries only - Issued by relevant authority (Secretary of State) in each state Types of Documents - Official certificates, Articles of Incorporation - Court documents - Administrative document (e.g. civil status documents) - Translations, including notarized translation certification
Retain local, in-country counsel Policies and Procedures for consideration: Holidays Benefits Code of Conduct Employment Hours FCPA Translations - adding disclaimer on which text is the source and the applicable/governing laws apply in advance on any agreement that may be bi-lingual or translated.
THANK YOU Questions? Contact Info: Samuel Wu Direct: (646) 744-1916 SWu@morningtrans.com swu@advancedlanguage.com
THANK YOU SPONSORS EXHIBITOR LIST Littler Mendelson, P.C. Digital Rochester SEKO Worldwide Global NY, Empire State Development Export-Import Bank of the U.S. U.S. Small Business Administration U.S. Department of Commerce Mohawk Global Logistics Language Intelligence ER Select LLC CentriLogic Wells Fargo Bank ALT Translations, LLC High Tech Rochester Brockport Small Business Development Center St. John Fisher College PC Results Inc. Monroe County Economic Development SPEED Global Services