International Business
Elon University School of Law
Spring 2008 (Revised Feb. 18, 2008)
Professor John D. Englar
Office: 107C
Telephone: 279-9352
Email: jenglar@elon.edu and johnenglar@aol.com (preferred)
Office Hours: Mondays and Wednesdays, lunch and 1:00-2:00pm
Class Times and Location Mondays and Wednesdays, 10:30am—12:00
Room 204
Casebook and Supplemental Materials
Global Business Law: Principles and Practice, by John W. Head
Carolina Academic Press (2007)
The Wall Street Journal. Students are expected to scan the WSJ daily
for articles concerning their country and/or company and to bring
relevant news events into class discussions. WSJ is available
through the library in hard copy and online.
Course goal: To understand the impact of legal systems on global business
transactions and the role of the lawyer in facilitating client success in such
transactions.
Team roles: Student teams will become knowledgeable with respect to the
legal systems of an assigned country (and a leading company in that
country) and will support class discussions with inputs on the legal system
of the assigned country (and company) on key course issues. The purpose of
this exercise (in addition to knowledge formation and sharing in class) is to
assist students in developing teamwork skills. Having noted that some teams
choose to have individuals complete assignments despite the team
requirement, please note below that 40% of your grade is based on the team
assignments
Grading: Student grades will be based upon the following:
50% on the final exam (a take home exam)
40% on four team writeups
10% on class participation (emphasizing team subjects)
Class schedule and assignments
Note:
Assignments and readings will be regularly supplemented
via postings on BlackBoard
Jan. 30 Introduction of course concepts and role of teams in class
discussions.
Read attached description of team roles.
Read Text Chapter 1.
Feb. 4 The impact of legal, political and cultural systems on business
transactions
Read Text Ch. 2, I, II, III (you are not responsible for the legal
history but should find it interesting)
Read your country section in Kiss, Bow or Shake Hands; a second
team member should read the relevant section in When Cultures
Collide. Both texts are on library reserve. Be prepared to discuss.
Feb. 6 Business strategies for growth in the global economy
Re-visit Text Chs. 1, 2
Discuss: speculate on the growth strategy of your company
Feb. 11 International regulation of private commercial transactions
Read Ch. 3
Feb. 13 International trade regimes in today’s global economy
Jim Leonard, former Deputy Assistant Secretary on the US Dept. of
Commerce for Textiles, will discuss his experiences in negotiating in
the international trade regime arena
Feb. 18 Role of contracts in international commerce—a first look
Commercial transactions
Scan Ch. 4 and 5. Understand illustrations 5A-5B and diagram 5.1
Feb. 20 Special concerns created by the Internet and electronic commerce
Read Ch. 6, III. Scan Ch. 12, II and Doc’s 3.1--3.3
Feb. 25 Specific issues in private transactions
Dumping
Bribery
Boycotts
Ethical issues
Read Ch. 10, IV and 13, I, III; scan Docs. 6.4, 6.5
Feb. 27 Offshoring – a special case study
Mar. 3 The role of contracts in specific transactions
Agents and distributors Read Ch. 6, II
Franchises Read Ch. 8, IV
Mar. 5 Foreign direct investment—strategic choices for business growth
Read Ch. 9, I, II, III
Scan Doc’s 4.--4.4
Mar. 10 A special case—Doing Business in China
Business simulation with Randy Hanson of Womble Carlyle
Mar. 12 Business structures in the global economy
Re-read Ch. 9, III
Note: Team writeup 1 due
Mar. 17 Financing international investment
Read Ch. 9, V
Note: Team writeup 2 due
Mar. 19 Minimizing risk in international transactions
Read Ch. 11
Mar. 31 Human resource issues in international business
April 2 Competition and antitrust laws—impact on cross border
transactions
Read Ch. 13 A-H, scan Sections I-J II, and read Doc. 6.6
April 7 Taxation of international business transactions
April 9 Taxation of international business transactions
April 14 Creating and protecting intellectual property
Read Ch. 7
Note: Team writeup 3 due
April 16 Fitting it all together
Joint Ventures
Read Ch. 9, IV; scan Doc. 4.7
April 21 Resolving disputes in international transactions
Read Ch. 12, I; scan Doc’s 5.1--5.5
Note: team writeup 4 due
April 23 Resolving disputes in international transactions
April 28 Case study: The Daimler/Chrysler saga
April 30 Case study: Exxon consortium in Kazakhstan
May 1 TAKE HOME EXAM PRESENTED
Note: the exam will present an actual transaction in today’s global
economy. You will be required to prepare a comprehensive work plan to
implement your client’s transaction. This will not be a test of substantive
knowledge but rather of organizing the complex facts, information and
transnational restraints into a practical work plan. What are the issues which
must be overcome to succeed and what is the lawyer’s role in resolving
them??
International Business
Spring 2008
Team Roles and Assignments
Team Role: Each student team will be responsible for an understanding of
the legal system in its assigned country and the impact on business
transactions. In addition, teams must become familiar with a leading
company headquartered in the country (assigned) and use their knowledge of
this company to supplement the country assignments outlined below.
Team assignments are on the following page.
Teams will be required to 1) be prepared to participate in oral class
discussions, and 2) submit a three page written discussion of four topics as
follows:
In classes two and three, be prepared to orally discuss the political, business
and cultural climate of the country and give a brief (one minute) snapshot of
the assigned company.
For the class Feb 13: attempt to determine the manner in which your
country participates in the global trade system and regulates inbound and
outbound (cross border) commercial transactions. Does this impact your
company’s business?
Written submissions will be required as follows:
Class Mar. 12: Discuss the forms/structures available for private business in
the country. What form is your company in and why?
Class Mar. 17: Discuss the system of capital formation in the country. Is
there an effective system/structure for raising capital? Can non-resident
firms participate? How is your company capitalized?
Class April 14: Discuss the system for creating and protecting intellectual
property. How important is IP to your company’s business model?
Class April 21: Discuss the alternatives for dispute resolution in the country.
Team Assignments
(Country and Company)
1. Canada (Suncor Energy)
Andrejo, Anthony, Armfield, Hazel
2. Mexico (CEMEX)
Valente, Bennett, Bobb, Brooks
3. Russia (GAZPROM)
Cayll, Cornett, Van Roten, Dallas
4. China (Lenovo)
Deguerre, Dovonan, Gibbons
5. Japan (Sony)
Gowan, Haynes, Hyde
6. Brazil (Embraer)
Ivey, Ivey, Jetton, Lucente
7. India (Reliance)
McKenna, Meredith, Moore, Nettleman
8. Germany (Seimens)
Patel, Reeves, Ribelin, Robinson
9. United Kingdom (Unilever PLC, assume the company is solely UK)
Saslow, Snyder, Spencer
10. Holland (Unilever NV, assume the company is solely Dutch)
White, Xixis, Aust, Rausch
11. Singapore (Singapore Airlines)
Stephenson, Stewart, Sullivan, Thompson