International Business Transactions - Davis LLP

The Davis LLP International Business Transactions Practice Group represents clients in all areas of international business, including mergers and acquisitions, joint ventures and project consortiums, sale and distribution of goods, licensing of technology, export and regulatory controls, corporate and tax structuring and dealings with governments. In fact, we have represented clients doing business in, or from, more than 100 countries around the world.

We understand the unique needs of clients doing business in foreign countries, where risk assessment and strategic planning are fundamental aspects of any transaction. We also understand what foreign and multi-national companies doing business in Canada require, and represent several foreign clients in their purchase or start-up of a Canadian business.

We have particular experience representing Canadian and non-Canadian businesses in international business transactions involving software and hardware, electronics, biotechnology and bioinformatics, telecommunications, e-commerce and other leading-edge technologies.

Further, we understand the special issues facing non-Canadians in terms of taxation, compliance with foreign investment and anti-trust rules, non-resident compliance with Canadian corporate law, and conducting negotiations with Canadian parties.

In short, our cross-border client base has garnered us a truly global perspective, which we apply to all engagements to the benefit of our clients and their business goals.

We assist clients from the initial strategic decision-making and risk assessment, through exploratory meetings, confidentiality agreements, and due diligence, through to the signing, closing and implementation of an international business transaction. Working with our clients through the entire scope of a transaction affords us the big picture, enabling us to identify worthwhile opportunities and discuss strategies that coincide with the whole business.

Our specific legal services include the following:

• Representation of buyers in the acquisition of businesses in foreign countries
• Representation of buyers and sellers in international sales transactions
• Advising on, negotiating and drafting letters of intent, confidentiality and non-disclosure agreements, joint venture and consortium agreements, international sale of goods agreements, international services agreement, BOT agreements, partnering agreements, distribution, agency and sales representative agreements, technology transfer and licensing agreements
• Letters of credit and trade-finance documentation
• Export and import controls
• Political- and commercial- risk management
• Special issues of doing business in the G7 and EU countries, and in emerging markets
• Advising on state immunity and international minimum standards in dealing with foreign governments
• Advice concerning the application of international treaties, conventions and bi-lateral and multi-lateral agreements
• Counsel and third-party dispute resolution services in the arbitration and mediation of international commercial disputes