Cross-Border Transactions

In order to help clients benefit from the increasing globalization of the world’s economy, Baker Botts represents both U.S. and non-U.S. clients making investments in jurisdictions across the globe.

The presence of divergent legal systems, complex bureaucratic regimes, cultural differences, political volatility and other risks make cross-border transactions a challenging area of the law. The creation of binding investment structures, negotiation of effective joint venture terms with viable exit strategies and the drafting of dependable dispute resolution mechanisms are essential elements of this practice area.

Whether a 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 has the experience to assist. Our lawyers are experienced in conducting the attendant negotiations, advising with regard to 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. Non-U.S. clients also seek our advice and assistance with regard to investing in or acquiring an U.S. enterprise, whether through a tender offer, a purchase of shares or the direct acquisition of assets. 

In  many nations (both developing and developed), the need to understand 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 lawyers are experienced in anticipating and managing the substantial complexities that all such issues bring to a cross-border investment.

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