Explore BrainMass

Legal Operation in Legal Business

Over the past several weeks, you have been learning about the various issues surrounding the challenges and numerous situations that exist legally that differ from those of the United States. You have been placed in charge of the Business Development and Expansion committee for your company. You are charged with the task of researching and identifying a country to expand your company's operations. At this phase, you will be submitting a rough draft of this international business expansion plan for review by your instructor. Take the feedback into consideration from the instructor, and make any additions or deletions as you deem necessary.

Your international business expansion plan should include the concepts and ideas that were covered over the past several weeks. You are to select a country that does not recognize all of the established legal guidelines reviewed previously, but the potential profit that could be realized warrants the risk. The following points need to be addressed in your international business expansion plan:

The issue of common and civil law systems internationally
Intellectual property, copyright infringements, and legal ramifications
Violation of human rights of employees and child labor law violations
Public perception of companies doing business with companies that engage in that kind of activity
What has been the impact of the European Union of the business environment?
Anything else that you deem important to support your international business expansion plan.

Solution Preview

International Business Expansion plan:

Expanding business internationally is among the toughest yet most rewarding business decisions if well executed. Firms operating in international markets are often concerned with leveraging their core competencies in international markets to compete. For this to be possible the companies need to adhere to the regulations of doing business in each and every one of their operating environments. The regulatory landscape for international businesses is often diverse and challenging due to the diverse systems of regulations that have to be adhered to, and have to be aligned with company's business objectives. This international business expansion plan analyses legal concerns that will face the company in expanding its business operations to China. China has been a first growing emerging economy with very high prospectus for expansion growth and potentially higher profits for the company.

The issue of common and civil law systems internationally:

Various legal systems usually impact the way business is done. There are two types of legal systems that have developed over the past years. These are the common law system and the civic (code) law system. The common laws continually evolve from case laws where they can be amended and passed by legislature. In countries with common law such as U.S. and U.K., company laws are often minimized while detailed regulation is provided by the private standard regulator and setter. Code law system on the other hand attempts to set wide sets of rules that provide guidance in all situations. In countries with code laws, company laws are often the determinants of business standards since they are often very detailed taking into account every aspect of the business environment (Cueto, 2010). China's legal system is a code law system with no strict precedential concept for case law. Each case stands on its own and the decision is its own without being influenced by other cases or binds by another court (Underwood, 2002). This implies that in doing business in China it is imperative that all the legal regulations that are required be followed to the letter since in civil law there are no analogical arguments for not complying with the law. This implies that in every major business decision that is made, it is imperative that the legal approach be factored in.

Intellectual property, copyright infringements, and legal ramifications:

With the Chinese accession into World trade Organization (WTO) and the resulting increased access of the Chinese market, trade and business has grew dramatically. China is ...

Solution Summary

The solution discusses legal operation in legal business.