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Legal Considerations for Selling Overseas

Legal Considerations for Selling Overseas
Product Code - LGN255
Speaker(s): Moderator: Lothar Determann, Baker & McKenzie LLP; John F. McKenzie, Baker & McKenzie LLP; Ulrich Ellinghaus, Baker & McKenzie LLP
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An article and webinar series in cooperation with Baker & McKenzie LLP

A key legal issue for any United States technology business enterprise in expanding into the international marketplace is the determination of how international business plans may be affected by the several United States export control regulatory programs. Before initiating international business activities, including the sale of hardware or software products to foreign customers, transfers of technology to foreign entities, and even the furnishing of services to foreign entities, the United States technology enterprise must determine its regulatory compliance responsibilities under these export control regulatory programs.

This webinar is the third in a series to help you advise and counsel your business clients who desire to expand successfully into international markets. Subsequent planned webinars are:

• Establishing Foreign Presences: June 19
• Litigation and Arbitration: July 16

Educational Objectives:

• Understand best practices for U.S. export compliance.
• Become proficient in the relevant sales terms, such as International Commercial Terms (Incoterms).
• Learn about e-commerce and online sales considerations.
• Gain an understanding of product homologation and the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS); Waste Electrical and Electronic Equipment (WEEE); Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH); and Safety directives.
• Learn about value-added tax (VAT) and goods-and-services tax (GST).

Who would benefit most from attending this program?

Corporate counsel including both generalists and attorneys specializing in international export matters.

Program Level: Intermediate
Prerequisite: A general understanding of international business and export issues.
CPE Delivery Method: Group Internet-Based Live
Field of Study: Specialized Knowledge and Applications
Recommended CPE Credit: 1.0 credits
Anticipated CLE Credit: 1.0 credits (may vary based on from which jurisdiction requested)

For additional information, please see the “CE Credit” tab.

Moderator: Lothar Determann, Baker & McKenzie LLP; John F. McKenzie, Baker & McKenzie LLP; Ulrich Ellinghaus, Baker & McKenzie LLP

Moderator: Lothar Determann, Baker & McKenzie LLP
As a partner in Baker & McKenzie’s Palo Alto, California office, Lothar Determann’s practice focuses on counseling companies on taking their products, data, intellectual property and contracts international as well as related commercial and compliance matters. Dr. Determann has been a member of the Association of German Public Law Professors since 1999, and he teaches data privacy law, computer law and internet law at the University of California, Berkeley School of Law (Boalt Hall), Hastings College of the Law, Freie Universität Berlin, and Stanford Law School. He frequently presents on international and intellectual property law topics and has authored more than 80 articles and treatise contributions as well as four books, including Determann’s Field Guide to International Data Privacy Law Compliance.

Dr. Determann is admitted to practice in Germany and California. He is recognized as one of the top 10 copyright attorneys in California by the San Francisco Daily Journal and as one of the top 25 intellectual property attorneys in California by the Los Angeles Daily Journal; listed in the World’s 250 Leading Patent and Technology Licensing Practitioners by the Intellectual Asset Management (IAM) Magazine; and ranked as a leading lawyer in Chambers USA, Legal 500 USA and California Super Lawyers.

John F. McKenzie, Baker & McKenzie LLP
John McKenzie joined Baker & McKenzie in 1976 and has since worked in the firm’s offices in Caracas, Venezuela and Taipei, Taiwan. He is a partner with the firm and is a member of the International Section of the American Bar Association, the Legislative Council of the California Council for International Trade and the District Export Council for Northern California. Mr. McKenzie also serves as an associate member of the Northern California Chapter of the Association of Freight Forwarders and Customs Brokers. Mr. McKenzie’s practice is focused on cross-border transactions and international trade regulation. His practice also covers planning and structuring international investments, international mergers, acquisitions, consolidation and reorganization transactions, international commercial and technology development and transfer transactions, as well as customs and import regulations, export controls and international corporate compliance.

Mr. McKenzie earned a J.D., cum laude, from Harvard University and a B.A., magna cum laude, from Williams College. He is admitted to practice in California as well as before the U.S. Court of Appeals for the Tenth Circuit, the U.S. District Court for the Northern District of California, and the Court of International Trade.

Ulrich Ellinghaus, Baker & McKenzie LLP
Prof. Dr. Ulrich Ellinghaus is a partner in Baker & McKenzie’s Frankfurt office. He has extensive experience in regulatory law with a focus on environmental, health & safety, and product safety law. Prof. Ellinghaus advises companies on the implementation of sustainability and product stewardship strategies, assists with the implementation of newly enacted regulation and advises and represents companies regarding compliance with technical and environmental requirements.

Prof. Ellinghaus earned a Dr. jur., summa cum laude, from the University of Giessen, where he is an honorary professor, and an LL.M. from the University of Wisconsin. He is admitted to practice in Germany.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

Individual programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. For specific questions, contact your state MCLE regulatory entity for specific questions about your MCLE rules or visit the American Bar Association’s website for general information on accreditation.

If you have further questions regarding a specific state or how to file for CE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator or send an email to