Doing business in the modern world increasingly involves managing legal issues across the globe. According to the 2015 ACC Global Census: A Profile of In-house Counsel, 62 percent of in-house counsel have cross-border or multinational work responsibilities.
It is increasingly commonplace for the responsibilities of general counsel to include managing team members located in different corners of the world, as well as involvement in overseeing a merger and/or acquisition that spans two or more continents.
In particular, cross-border M&A can raise some unique legal considerations. One consideration that attorneys may not automatically take into account is the human rights of those affected by a merger or purchase of an entity. This topic is discussed in this issue’s cover story “What Do Human Rights Have to Do with Mergers and Acquisitions?” In the article, the author states that “… human rights are defined in international law, and national laws increasingly require business to respect human rights, as regulatory initiatives in France and Switzerland show.” Further, failure to pay adequate attention to such matters can lead to delays, increased costs, and sometimes the collapse of a transaction. Therefore, it only makes sense to consider human rights as part of the due diligence process. Doing so not only allows us to help our companies stay ahead of regulatory compliance issues, but also promotes successful operations within the acquired business.
Other articles delve into additional areas of cross-border practice, focusing on topics like building an international legal team that truly supports the goals of global expansion, and the challenges that the variations in international intellectual property law can present.
As always, the Docket isn’t the only resource in ACC’s vaults to assist with your global practice. One such resource is the compliance portal, which allows you to explore “compliance bundles” that include everything from employee training materials to multijurisdictional survey tools. Recent topics include the Canadian Competition Act, EU Data Privacy, and Export Controls. I also encourage you to check out recent resources and upcoming webcasts provided by the International Law Committee. Timely examples include the Quick Counsel, “EU General Data Protection Regulation,” and webcast, “Is Your International Litigation Budget Tight? How to Save Money and Still Win Your Case.”
Chances are your in-house practice will continue to expand. More and more matters will cross your desk that have to do with practicing not only outside of your jurisdiction, but your company’s home country as well. Although general counsel are often referred to as “jacks of all trades,” I think it’s fair to say we can all use a little help when operating outside of our typical practice area. It’s a good thing then that you’re a member of ACC. Only the premier global in-house bar could provide you with all the resources you need to work — and thrive — in a cross-border world.
