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Legal Operations in International Business

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Length 1250- 1500 words

(Library assignment) Your first morning at ABC Corporation, a senior vice president has come to you with a memorandum from the board that will require your assistance in answering. You realize the memorandum is not part of your consultant responsibilities, but you decide to assist the vice president and to respond to the board memorandum. The memorandum will require research and an explanation to the board of directors of what actions need to be undertaken. The memorandum addresses the board of directors' decision to implement a screening system to monitor worldwide employee use of the Internet browsers and company e-mail systems because the number of employees has grown so large. The employee growth has resulted in a large backlog of information on customers and employees including some personal medical information. Additional customer information is retained in a separate database on customers from the Internet operations. The corporation's legal responsibility to secure, protect, retain, and handle the data is not well understood by the ABC board of directors or management team.

The board has asked that a short memorandum be prepared that will address the following topics:

Define comparative law and international law.
Discuss how these concepts are related in the area of employee information privacy.
Compare and contrast the privacy laws of the United States with the EU data directives.
Some but not all international and domestic laws to be considered include the following: Health Information Protection Act (HIPA); Health Insurance Portability and Accountability Act of 1996 (HIPAA); Public Law 104-191, Graham-Leach-Bliley Act 15 USC, Subchapter I, Sec. 6801-6809; Disclosure of Nonpublic Personal Information; USA PATRIOT Act, Fair and Accurate Credit Transactions Act; and numerous EU Data Directives.
Submit the memorandum to the Discussion Board for review and discussion.
Use the Internet and Library databases in your research. Be sure to reference all sources using APA style. For more information on APA, please visit the APASTYLE Lab.

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The response address the queries posted in 1748 words with references.

//While writing a memorandum; one should be very clear about the purpose and method of writing a memorandum. This paper is about a 'screening system' needed to be developed to secure, protect, retain, and handle such huge data effectively because of the employee growth has resulted in a large backlog of information on customers.//

Date: October 15, 2007

To: Upper Management

From: XYZ

Subject: Legal Operations in International Business.

//Legal operations are at the root of any business organization. They help in operating business operations, keeping in mind, the legal boundaries in accordance with the legal environment.//

Legal Operations are one of the most important pillars which facilitate frame work for business organizations. One has to perform its business activities within the boundaries of its legal environment and operations. For international business, it becomes much more important because each country has its own legal environment. (Sharan, 2003)

//Before implementing any screening system into the Company, the business laws should be strictly obeyed to avoid any litigation. In this memorandum, I am going to present the various Acts and Polices governing the same. //

Introduction:

It is important for any organization to identify the various legal rules and regulations for the organization at an international level. Differentiation in rules, regulations and laws of home country and host country keeps international business operators to analyze and consider all legal rules, regulations and law so that unnecessary legislation is prevented. (Sharan, 2003) Before implementing the screening system to monitor world wide, the board of the directors should identify the various legal issues and policies of the international business. In this memorandum, I am going to present the various Acts and Polices such as Health Information Protection Act, Public Law and Credit Transaction Act etc on the basis of domestic and international law. By understanding the pros and cons of these policies, board of directors of the company would be able to identify the best solution for the decision- making.

//Comparative Law helps us to understand the variation in the laws in different Countries. We would see the contents of the law below. //

Comparative Law:

In order to understand the differences and similarities between the laws of different countries, comparative law is key instrument. We can define the comparative law as the study of comparison of legal systems of the different countries, which exist in the world such as code law, common law, Islamic law, Socialist law etc. It also covers the complete study of the legal system and law of foreign country. In the present world of globalization, the importance of comparative law is continuously increasing because it provides the whole understanding of the legal environment at an international level. In order to establish an effective communication process among the various legal systems of the different countries, comparative law plays an ...

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The response address the queries posted in 1748 words with references.

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Legal Operations in International Business

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Discuss the rights of individuals or businesses who enter a foreign country in the plant situation.
Explain the traditional law of nations rule (the states of the world imposed on each other the requirement to respect each other's citizens). State responsibility for injuries to aliens is a recognized rule of international law. You should also discuss the current debate about how responsibility is defined and is enforced.
Go to http://www.ria.ie/cgi-bin/ria/papers/100538.pdf, and read the document States' Due Diligence Obligations with regard to International Non-State Terrorist Organisations Post-11 September 2001: the Heavy Burden that States must bear.

Scenario:

ABC Corporation has grown into a successful multinational corporation with gross revenues of $35 billion in the last fiscal year. ABC has operating facilities in the European Union (EU), the United States, People's Republic of China (People's Republic), Asia, South America, and Africa. The company has experienced explosive growth over the last 3 years and has grown from a regional firm to a multinational conglomerate with many international projects currently under way. ABC is planning to construct additional specialty chemical and electronics part production facilities in offshore locations in the near future.

The original founders of the corporation have become the board of directors and primary shareholders for this corporation and have worked diligently to create a successful mix of products for the corporation including electronics, specialty chemicals, and Internet services in the United States, Asia, People's Republic of China, and Africa. Even though ABC has grown in complexity, the corporation now has a competent and capable corporate legal in-house counsel and management team in place to manage day-to-day operations although the board has insisted on guiding every facet of the business. The board members have taken this hands-on approach to the corporation because they built it.

Over the last several months, there have been concerns from the management team and in-house counsel about the board's excessive involvement in international negotiations. In an effort to quiet these concerns, the board has engaged you, a recognized expert in the field of international operations and laws, to act as its personal consultant on all projects the board members have undertaken globally. Your job is to advise the board members through memoranda and discussion about the legal risks and consequences they face in the various projects currently ongoing for ABC Corporation.

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