In order to help clients deal with the increasing globalization of the world's economy, Baker Botts represents both U.S. and non-U.S. clients making investments in other than their native jurisdiction. Whether a U.S. client is seeking to establish or expand a manufacturing or marketing presence in a foreign jurisdiction, acquire an existing foreign operation from a foreign owner, or enter into a joint venture with a local partner, Baker Botts lawyers are experienced in conducting the attendant negotiations, researching local law issues, managing local counsel and preparing the necessary transaction documents – in each case with the goal of effecting transactions consistent with the client's expectations, based on concepts of U.S. law. Similarly, we are often retained by non-U.S. clients with investment objectives in the United States. Non-U.S. clients seek our advice and assistance in acquiring an existing U.S. enterprise, whether through a tender offer, a purchase of shares or the direct acquisition of assets.
Examples of Agreements
- Letters of intent
- Joint venture agreements
- Share purchase and sale agreements
- Patent and trademark license agreements
- Sales representation agreements
- Distributorship agreements
- Expatriate employment agreements
- Host government agreements
While clients anticipate success in a cross-border transaction, the presence of divergent legal systems, complex bureaucratic regimes, cultural differences, political volatility and other such risks make the negotiation of viable exit strategies and the drafting of dependable dispute resolution mechanisms essential elements of this practice area. In many nations (both developing and developed), the need to research local law, assess local partner candidates, avoid potential corruption issues, guide and manage local counsel, and interact with local governmental agencies is obvious. Baker Botts attorneys are experienced in anticipating and managing the substantial complexities that all such issues bring to a cross-border investment.