HOSTED BY PRESENTED BY

Key Legal Insights for Exporters

Trent Sutton Littler Mendelson P.C.

Eric Schultz Barclay Damon

Sam Wu Morningside Translations

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

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mailto:tsutton@littler.com

INTERNATIONAL LAW: AN OVERVIEW

What it is

What about market entry

What are some primary pitfalls

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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

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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

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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

mailto:eschultz@hblaw.com

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Samuel Wu Director of Localization

June 10, 2016

Intellectual Property (IP) Copyrights - artistic creations (books, photographs, paintings, music) Trademarks - distinguishing sign/symbol(Nike swoosh, etc.) Patents invention - a solution to a specific problem in the field of technology (light bulb, bread slicing machine, Lipitor)

• Articles published in scientific journals • Previously published patents/patent

applications

Prior Art/Foreign References

• Paris Convention (AR, TW, VZ) • PCT National Phase (BR, CN, JP, KR, etc.)

Direct and National

Phase Filings

• Determine which EP member states to protect patent (EPO)

European Validation

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

mailto:SWu@morningtrans.commailto:swu@advancedlanguage.commailto:sf@morningtrans.com

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

THANK YOU SPONSORS

Slide Number 1Insight: International Law�Rochester │ June 2016Introduction: Who We AreInternational Law: an OverviewWhat is international lawWhat about market entry?Caution: What about independent contractors?Caution: What About Corruption and Bribery Laws Historical Focus on Enforcing Corporate Ethics EnforcementWhat Other Considerations Are There?Immigration and Border�Nonimmigrant Visa StatusSlide Number 14Slide Number 15Slide Number 16Immigrant VisasBorder IssuesThank youSlide Number 20Intellectual PropertyDifferent Types of Patent DocumentsApostille / Authentication of Public DocumentsAdaption of Policies and ProceduresSlide Number 25Slide Number 26