India – Foreign Investment and Contracts (click for sample slides)

What are some of the key legal risk issues for companies entering into contracts with or establishing new businesses in India?

A Personal Perspective. How Open Is India? Foreign Direct Investment + Entities India Contracts - The Example of Agency and Distribution Agreements. Contract Dispute Resolution Clauses – What Law? Are Courts the Answer?

International Counsel has been working with US companies entering India, and Indian companies entering the US, since the early 1990s, and with a particular focus for the past 8 years. David Laverty applies his emerging markets experience to client work with India, China and elsewhere, based in part on his work with a Korean law firm in the late 1980s (when Korea was itself an “emerging market”)

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Best Practices for Cross-Border Contracts and Business Establishment - The Example of Korea (click for sample slides)

What are some of the key legal risk issues for companies entering into contracts with or establishing new businesses in another country? Using Korea as an example, we walk through issues that apply in any international market and then describe how these issues are treated in Korea.

Cross-Border Contracts. The Example of Agency and Distribution Agreements. Contract Dispute Resolution Clauses – What Law? Are Courts the Answer? Tax Issues. Foreign Direct Investment + Entities. Employees.

David Laverty worked for 3 years with a Korean law firm in the late 1980s, when Korea was an “emerging market.” How far has Korea come and how do contracts and market entry issues in Korea compare with elsewhere?

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2015 Legal Risk Tune-Up - Ten Keys to Successful Global Entity Formation(NOTE: Portions of this have been superceded by US tax reform taking effect in 2018)
See 2018 Update: A Switch to a Territorial Tax System - Encouraging Outbound U.S. Investment

Choose the Right Entity/Holding Company, Ensure Valid Company Actions, Consider Trust Companies, Use a Firm Hand with Local Counsel, and more.

Companies with multiple entities established outside of their home countries - or even with a single company abroad - face legal risk containment issues at the establishment, operation and dissolution/restructuring stages. In establishing foreign companies, issues include tax and liability choices depending on the type of entity and whether it is held by intermediary companies. In restructuring or dissolving entities, similar issues arise.

Capturing Opportunity and Controlling Legal Risk: India’s Outbound Deals in Challenging Times

Halsbury’s Law Monthly, New Delhi, January, 2009

A LexisNexis legal magazine, published in association with India’s CyberMedia.

What are the key legal risk issues for foreign buyers in acquiring US companies? In the current economy, many US companies carry low valuations or may be entering the US bankruptcy process. How can a foreign buyer acquire US assets through the bankruptcy process (known as a Section 363 sale)? What factors are causing Indian and other foreign buyers to continue to invest in the US?

Getting the Deal Through – Tax on Inbound Investment in 40 Jurisdictions Worldwide, Netherlands Section

Published by Law Business Research Ltd., Getting the Deal Through, 2010, London

Each jurisdiction section of this comprehensive report covers significant tax implications of mergers and acquisitions (from the buyer and seller perspective and including stock and asset purchases) and post-acquisition planning (restructuring, spin-offs and tax-efficient extraction of profits) and disposals of businesses (including minimizing and deferring tax). Jan Kooi’s section is focused on The Netherlands though his experience in the tax matters addressed in this publication extends through many jurisdictions in Europe and Asia.

Indian Company Acquisitions of US Companies

An International Counsel PowerPoint Presentation

Delivered by David Laverty in Mumbai to The Federation of Indian Export Companies, February, 2008, and in other group and private presentations

A look at how the US legal environment for investment and acquisition differs from that in India. What are factors that Indian companies need to take in to account when acquiring companies in the US?

Acquiring an Indian Company – An Update for US Mid-Market Companies

The International: Cross Border Transactions Bulletin, ACG Chicago, February, 2008

A look at key regulatory and tax issues faced by US companies in acquiring Indian companies.

Foreign Equity Investment in Indian Companies

The International: Cross Border Transactions Bulletin, ACG Chicago, February, 2007

Foreign investment opportunities in India, using as an example Wal-Mart’s joint venture with Bharti to enter the Indian retail market.

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