NECINA Legal Seminar Series Seminar No. 5:Doing Business in China(and Beyond)
Please note that space is limited and early registration is encouraged.
Agenda:
- 6:00 pm - 6:30 pm:Networking
- 6:30 pm - 6:45 pm:Introduction
- 6:45 pm - 8:15 pm:Presentation
- 8:15 pm - 8:45 pm:Question & Answer Session
- 8:45 pm - 9:00 pm:Concluding Remarks and Survey
The Chinese markets present enormous opportunities to U.S. businesses, big and small. In particular, Chinese-American entrepreneurs understanding the language and culture are presented with unprecedented opportunities of doing business in China. However, there exist equally imposing challenges, surprises and pitfalls for the unwary and inexperienced. In doing business across international borders, your transactions are subject to laws and regulations of not only the U.S. and China, but also other jurisdictions. The impact of international treaties further complicates matters. How do you ensure that you are complying with all applicable laws while mitigating both legal and business risks and liabilities? It is not just doing business in China. It is much beyond.
Through case studies and interactive discussions, we will address the following topics:
- International corporate structuring
- Formation of the entity making the investment - Massachusetts, Delaware, Cayman Islands, BVI, or Hong Kong?
- Different vehicles of doing business in China and implications:
Contracting/collaborating with Chinese companies Setting up substantial presence in China through joint ventures and WFOEs
- International tax structuring for increased tax efficiency
- Transfer pricing
- Cross-border protection of technology and intellectual property(IP)assets
Speaker Biographies:
Presenting this seminar in the 2009-2010 NECINA Legal Seminar Series are three experienced lawyers from the international law firm Foley & Lardner LLP with 20 offices across the globe:
Ms. Linda Ji is a member of the Transactions & Securities, Private Equity & Venture Capital, and International Practice Groups, as well as the Emerging Technologies and Life Sciences Industry Teams of Foley & Lardner LLP. Ms. Ji focuses on corporate and securities laws, with over fifteen years' experience. Ms. Ji has advised both privately and publicly held companies(ranging from start-ups to Fortune 100 companies)in a variety of corporate transactional and securities matters, including company setup, private equity and venture capital financings, mergers and acquisitions, private placement of securities, IPOs and secondary public offerings of securities, as well as public company reporting and securities law compliance. Ms. Ji worked at Ministry of Commerce of China(MOFCOM)prior to coming to the U.S. Ms. Ji has broad experience in international business transactions, with emphasis on cross-U.S. and China transactions, including:
- Counseling U.S. companies on deal structuring, choice of entities, joint ventures, wholly foreign owned enterprises(WFOEs), strategic alliances, regulatory filings, as well as manufacturing, distribution and licensing arrangements in China.
- Counseling Chinese and China-based companies in doing business in the U.S., including entry strategies, corporate re-structuring, financings, mergers and acquisitions, and securities offerings.
Mr. Kenneth Appleby is a partner with Foley & Lardner LLP and concentrates his practice in the areas of federal, state and international taxation. He is a member of the firm's Tax & Individual Planning, and Private Equity & Venture Capital Practice Groups. Mr. Appleby advises clients concerning the tax aspects of both domestic and international merger and acquisition transactions; the design and implementation of tax efficient structures for corporate transactions; international joint ventures; private equity fund formation and investments; and multi-state tax planning. Mr. Appleby has over 20 years of experience. He is co-author with Marvin Petry of Taxation of Intellectual Property and Technology, a two volume treatise published by LexisNexis. Mr. Appleby is also the author of numerous articles on various federal income tax topics that have been published in both scholarly journals and in the popular press, and is a frequent and nationally-known lecturer on a variety of tax-related topics.
Mr. David Kantaros is a partner with Foley & Lardner LLP, where he is a member of the Private Equity & Venture Capital and Transactional & Securities Practice Groups, as well as the Emerging Technologies and Energy Industry Teams. He represents private equity funds as well as publicly and privately held corporations in the emerging technology and life science industries. Mr. Kantaros has lectured on issues relating to representation of venture capital funds and portfolio companies in private equity financings, representing buyers and sellers in mergers and acquisitions and the structuring of strategic relationships and joint ventures around technology developments. Mr. Kantaros' experience includes:
- Counseling high-tech, as well as biotechnology, pharmaceutical and medical device companies as to corporate structure, technology protection and transactional matters
- Advising venture capital firms in private placement activities and in fund formation, including the structuring of the fund, general partner, management company and the role of principals and limited partners in the various entities
- Representing public and private companies, as well as investment banking firms, in mergers and acquisitions, public offerings, private placements, including convertible debt transactions, PIPEs, and other forms of equity and debt financings
- Advising private and public companies on corporate governance matters and regulatory compliance(including SEC and the Sarbanes-Oxley Act)
- Structuring and negotiating technology license agreements, including master license agreements, OEM agreements, Beta test agreements, shrinkwrap agreements and strategic relationships involving the sharing of technology
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