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International Business Law Opinions

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Please read the statement in quotations then answer the questions below.

1) "By trading on the material nonpublic information he heard and saw, Haim allegedly breached his duty of trust and confidence that he owed to the relative."

There are many other insider trading stories. However, does this also apply to companies overseas? What does a country do overseas if this happened?

2) "Illegal insider trading refers generally to buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security."

What are the consequences if found liable for insider trading? Do you think the consequences are harsh or should be harsher? Why or why not?

3) "Woody Pulp, the chief executive officer of Pacific Paper Products, Inc. use to sent annually a birthday card and bottle of Californian wine on birthday of his long lasting friend, who is the Director of Government Procurement for the Japanese government, as a token of love and friendship thus it cannot be considered as an offensive behavior because nature of the gifting is more or less personal rather than professional."

However, does the law really care if you are a "long lasting friend". Why or why not? What standard does the law use?

4) "A political risk mitigation policy should not be focused on decision of entering or avoid entry in marketplace, but it should be focused on proactive use of contingency policy, securing intellectual property rights, risk diversification, effective exit plan to safeguard against uncertainty. Political risk mitigation is supposed to be planned and achieved before, during and after an investment."

Good advices. However, let's use an example to flush this concept out. The US imports many products from Mexico. With the current unrest in Mexico, how should a company proceed? What if the company wanted to make their products in one of the many maquiladoras? Thoughts?

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1) "By trading on the material nonpublic information he heard and saw Haim allegedly breached his duty of trust and confidence that he owed to the relative."

There are many other insider trading stories. However, does this also apply to companies overseas? What does a country do overseas if this happened?

The SEC holds that if there is material non-public information obtained, and the defendants engaged in illegal insider trading in violation of Sec 10 (b) of the Securities Exchange Act of 1934 and Rule 10b-5. Now if a US citizen has indulged in insider trading overseas, he is held responsible and prosecuted in the USA. However, if there are foreign companies abroad or foreign individuals that indulge in insider trading on US stock exchanges, then the SEC takes what action is possible on the US exchange and contacts the enforcement agencies in that country so that action is taken in the country of the perpetrator. In most countries there are enforcement agencies that disallow insider trading.

2) "Illegal insider trading refers generally to buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security."
What are the consequences if found liable for insider ...

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Project for International Business Law and Practices Guidelines

Project for International Business Law and Practices Guidelines - Magid Glove and Safety, LLC

See attached

Guidelines on Feasibility Report of International Business Law and Practices for the international expansion of your chosen company.

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The company selected is Magid Glove and Safety, LLC. The company's headquarters are located in Chicago, Illinois. The organization manufactures personal safety gear for manufacturing. Magid already has an international presence, with locations in the Philippines, Mexico and Canada. For this assignment, the organization will expand to Korea, Brazil and The UK. Among the company's product lines are gloves in leather, rubber and a variety of other Materials; raingear, disposable wear, welding gear, chemical protection and high visibility gear. Back supports, knee supports, body harnesses and protective eyewear are some of the additional offerings. Workplace safety is a concern in most countries and various manufacturing facilities relied on different types of equipment to keep workers safe. Other organizations need to become more compliant and will need products that help them comply.

Assignment: Course Project Task I
Select a Company
You should select a company to work with for this project. You can use your current employer or another company that you can access easily. For the purposes of this project, you are now the Director of International Compliance, charged with the task of creating guidelines for international business law that can be used by your company's employees.
Once you have selected your company, select at least three countries that your company currently does business with or plans to do business with. Your company may or may not actually do business with multiple countries, but for the purposes of the assignment, you should select at least one country in Asia, one in Europe, and one in Central or South America. For example, you might select China, Germany, and Brazil.
Next, think about the company you have selected and how it is structured. Assume that international business transactions are critical to the profitability and survival of your company. Consider how ethics and culture affect transactions with your international business partners and the strategies you should consider when entering those markets.
Develop and deliver an outline that:
? Identifies areas of international business law and practices and the information needs of your company. Although Module 1 does not cover all of the topics, the course overview, textbook, and information obtained from your company will help you develop the topics to be included in your outline.
? Includes the names of the functional areas or departments in your company that should be the recipients of this information and explain why they should be included.
Write the outline in a Microsoft Word document. Please use more resources (references).

Assignment: Course Project Task II
Research the Dispute Process
Research the dispute process and the requirements for the country you selected in Module 1. Explain the dispute resolution methods used in that country. Analyze the risks and benefits of each type of dispute resolution. In addition, evaluate how a U.S. Company's strategy or the company you have selected should be formulated to provide the most benefits with the least amount of risk.
Present the dispute resolution process by providing an overview of how disputes are handled and then providing specific instructions and legal requirements for your primary country you selected. If there is a preference or aversion to any type of dispute resolution, explain the type and analyze reasons behind the preference or aversion.
Evaluate how e-commerce affects your company. You can consider the following questions:
? What are the benefits and risks of e-commerce for your company?
? How should your company prepare for the risks?
? Which departments are affected by e-commerce?
? What information will be important for employees to know when conducting international transactions by e-commerce?
Show your research on alternative dispute resolution and e-commerce. Include links, references, and sources you have used and follow the proper guidelines for citing legal texts. Also provide a statement regarding which specific topics related to your research would be appropriate for inclusion in the International Business Law and Practices Guidelines document you are developing. Provide a rationale for your decisions.
Present your work in Microsoft Word document format. Please use more resources (references).
Note: With the increased ability and popularity of conducting business electronically, you may find that it affects topics covered in subsequent modules. Consider adding an e-commerce component to each segment of your final guidelines to demonstrate its impact on various transactions as it applies to that topic. Make note of any pending regulations or laws that could affect your company in the future.
At this time, it is acceptable if your information is more technical and not organized in the way you will ultimately present it finally. You will have time to move pieces around and to get better ideas of how you want to arrange the information over the course of your module-wise research.
Don't forget your audience. Not only does this project contain guidelines for use by the company, but it can also be a teaching tool. Even though each section may not apply to each employee, each topic should contain a short summary of the topic so that employees will have some knowledge of the issue even if it does not apply to them.

Assignment: Course Project Task III
Evaluate the Affect of International Trade Regulations
You will evaluate the affect of international trade regulations as well as U.S. import/export regulations on your company's business transactions. If your company trades goods or services with another country, there are laws that regulate the import and export of goods. Analyze the following regulatory issues that affect your company:
? How do U.S. import and export laws affect your company?
? Which departments play a role in imports and exports?
? Are your imports subject to duties, free trade agreements, or other regulations?
? Do your exports require licensing?
? Are there any restrictions on your company's imports or exports?
? What are the consequences for failure to follow import and export regulations?
? What is your company's policy on compliance with U.S. import/export laws?
? Make note of any pending regulations or laws that could affect your company in the future.
Now, analyze the following import/export requirements of the three countries you have selected:
? Who is responsible for ensuring that your company and any overseas branches, divisions, subsidiaries, or other related parties comply with the regulations of each country?
? What regulations affect the import and export of products for that country or countries?
Show your research on trade regulations. Include links, references, and sources you have used and follow the proper guidelines for citing legal texts. Also provide a statement regarding which specific topics related to your research would be appropriate for inclusion in the International Business Law and Practices Guidelines document you are developing. Provide a rationale for your decisions.

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