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Technology Business: Achieving Global Growth While Avoiding Legal Troubles

Product Code - LGN232
Speaker(s): Lothar Determann, Baker & McKenzie LLP; Pamela T. Church, Baker & McKenzie LLP; Erik Christenson, Baker & McKenzie LLP; Susan F. Eandi, Baker & McKenzie LLP; Tod L. Gamlen, Baker & McKenzie LLP; Barbara Klementz, Baker & McKenzie LLP; John F. McKenzie, Baker & McKenzie LLP
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An article and webinar series in cooperation with Baker & McKenzie LLP

Technology companies are “going global” faster than businesses in most other sectors. As soon as they have a viable product, these companies can start looking at global markets, which are ever hungry for the latest and greatest from the technology sector. Where the value is predominantly in intangibles, the costs of international distribution tend to be comparatively low and so are threshold hurdles to global expansion.

On the quick trip from the garage to domestic and foreign markets, tech businesses face a number of recurring legal issues. While start-up companies cannot always address all issues proactively due to limited time and resources and the drive to be first to market, keeping legal considerations on the radar is necessary in order for future expansion to go smoothly.

This webinar is the first in a planned series to help you advise and counsel your business clients who desire to expand successfully into international markets. Subsequent webinars in the series are:
• Intellectual Property: April 23
• Legal Considerations for Selling Abroad: May 21
• Establishing Foreign Presences: June 19
• Litigation and Arbitration: July 16

Educational Objectives:

• Learn the stages of “going global” with the associated legal considerations.
• Gain a general understanding of intellectual property protection and tax implications, purchase orders from abroad, going global online, contracting with suppliers and sales channel intermediaries, and setting up foreign presences with local employees and legal entities, each of which will be addressed in more detail in the future webinars in the series.

Who would benefit most from attending this program?

In-house corporate counsel including both generalists and attorneys specializing in international matters; chief operating officers and others who handle legal and international matters.

Program Level: Intermediate
Prerequisite: A general understanding of corporate/international business law.
CPE Delivery Method: Group Internet-Based Live
Field of Study: Specialized Knowledge and Applications
Recommended CPE Credit: 1.5 credits
Anticipated CLE Credit: 1.5 credits (may vary based on from which jurisdiction requested)

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

Lothar Determann, Baker & McKenzie LLP; Pamela T. Church, Baker & McKenzie LLP; Erik Christenson, Baker & McKenzie LLP; Susan F. Eandi, Baker & McKenzie LLP; Tod L. Gamlen, Baker & McKenzie LLP; Barbara Klementz, Baker & McKenzie LLP; John F. McKenzie, 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.

Erik Christenson, Baker & McKenzie LLP
Erik Christenson is a partner with Baker & McKenzie and has more than twelve years of experience representing multinational corporations — both U.S. and foreign-based — in business taxation matters. He advises on the taxation of cross-border transactions and operations for clients in various industries, including software, online services and e-commerce, biotechnology, and consumer products and provides guidance to multinationals on the implementation or restructuring of R&D cost sharing arrangements and other complex intellectual property arrangements, and he recommends procedures with respect to manufacturing practices and distribution supply chains. Mr. Christenson has managed several large post-acquisition integrations and other legal entity restructurings through spin-offs, divestitures, and joint ventures. He has also advised clients on strategies to repatriate cash or to borrow funds to meet U.S. and non-U.S. cash needs, and has provided solutions for a wide variety of U.S. and multijurisdictional international tax issues.

Mr. Christenson earned J.D., cum laude, from Hastings College of the Law and a B.A., cum laude, with Honors from Dartmouth College. He is admitted to practice in California.

Pamela T. Church, Baker & McKenzie LLP
Pam Church is a partner with her firm. She concentrates on intellectual property matters involving the development, exploitation and transfer of IP rights, including licensing, technology transfer, research and development, franchising, print and electronic publishing, e-commerce, outsourcing and IP securitization transactions. She counsels major media publishing, entertainment, motion picture, financial services, luxury goods and technology companies in the establishment and implementation of comprehensive IP protection, licensing, merchandising, enforcement, and anti-piracy programs. Her practice also includes general corporate counseling, M&A, joint ventures and business reorganizations in fields in which IP rights are key.

Ms. Church earned a J.D. from New York University School of Law and is admitted to practice in the State of New York. She was a Rotary Foundation Graduate Fellow at the University of Bonn in Germany and earned a B.A., cum laude, from Yale University.

Susan F. Eandi, Baker & McKenzie LLP
Susan Eandi, a partner with Baker & McKenzie, is the lead of her firm’s Global Employment and Labor Law sub-practice group for North America and co-chair of the San Francisco/Palo Alto Compensation and Employment Law Practice Group. She speaks regularly for organizations including SHRM, ASINTA, ITAA, TEI, NFTC, Argyle and in partnership with the U.S. Department of Commerce. Ms. Eandi has been published extensively in various external legal publications in addition to handbooks/magazines. She is recognized as a Super Lawyer by Super Lawyers of Northern California and a recommended lawyer for U.S. Workplace and Employment Counseling by Legal 500. She was also selected as a leading employment lawyer in California and one of the top 20 lawyers under the age of 40 in California by The San Francisco and Los Angeles Daily Journal. Ms. Eandi also serves on the advisory board of Practical Law Company (PLC).

Ms. Eandi focuses her practice on cross-border employment matters arising throughout the employment relationship. She serves as trusted counsel to companies on various employment law matters, helping them enter — and succeed — in new jurisdictions, manage global workforces and terminate employment relationships. Ms. Eandi likewise advises on employment law matters arising from mergers, acquisition and divestitures, tax and supply chain restructuring, post-acquisition integration, outsourcing and online marketplace models.

Ms. Eandi earned a J.D. from the University of California, Hastings College of the Law and a B.A. from the University of California at Davis. She is admitted to practice in California.

Tod L. Gamlen, Baker & McKenzie LLP
Tod Gamlen is Senior Counsel to Baker & McKenzie. He has practiced business and technology litigation for more than 20 years and is highly experienced in all phases of litigation. He has acted as lead counsel in several key cases involving intellectual property and international law. Mr. Gamlen is head of the eDiscovery compliance efforts of the North America Litigation Practice Group and is a member of the North America Pro Bono Appellate Practice Program.

Mr. Gamlen represents industry clients on cases regarding dispute resolution, particularly for failed business combinations, fiduciary duties, shareholder disputes, copyright and trademark issues, unfair competition and unfair business practices. He is seasoned in various phases of litigation, including discovery, trials and appeals in federal and state courts, as well as arbitration and other forms of alternative dispute resolution. Mr. Gamlen also headed various precedent-setting cases in the areas of intellectual property and international law.

Mr. Gamlen is a graduate of the Georgetown University Law Center and Stanford University. He is admitted to practice in California as well as before the U.S. Supreme Court; the U.S. Court of Appeals for the Federal Circuit; the U.S. District Courts for the Central, Southern, Eastern, and Northern Districts of California; and the U.S. Court of Appeals for the Ninth Circuit.

Barbara Klementz, Baker & McKenzie LLP
Barbara Klementz is a partner in the Global Equity Services Group in Baker & McKenzie’s San Francisco office, where she is co-chair of the San Francisco/Palo Alto Compensation and Employment Law Practice Group. She has practiced in the area of global equity and executive compensation for more than twelve years and serves as a member of the National Association of Stock Plan Professionals, the Global Equity Organization and the San Francisco Bar Association. Ms. Klementz is ranked as “Up and Coming” in Chambers USA and has been described by her clients as “thorough, practical and talented.” She has authored several articles on global equity issues for the BNA Executive Compensation Journal, Journal of Corporate Taxation and San Francisco and Los Angeles Daily Journal, among others. She is also a frequent speaker on a variety of global equity topics. Ms. Klementz chairs the Green Initiative of the Firm’s San Francisco/Palo Alto office.

Ms. Klementz focuses her practice on global equity compensation programs, employee benefits and executive compensation. She regularly advises multinational companies on implementing their equity compensation programs worldwide — particularly as it relates to tax and securities law matters and exchange control regulations. Ms. Klementz also frequently advises on the treatment of such programs in corporate spin-offs and other corporate transactions, as well as on the tax treatment of cross-border employees.

Ms. Klementz earned an LL.M. from the University of San Francisco School of Law and also attended the University of Bonn. She is admitted to private practice in California and Duesseldorf, Germany.

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.

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