Opportunities & Blind Spots in International Expansion

Please treat all transactions and clients' names as confidential
Think Globally
(Legally)
Opportunities & Blind
Spots in International
Expansion
21 July 2015

˃ Leading international law firm
˃ Tech-focused
˃ 50+ Startups / Year
˃ Full-range
About Taylor Wessing

3
Taylor Wessing is a leading international law firm,
working with clients in the world’s most dynamic
industries. We take a single-minded approach to
advising our clients: to help them succeed by thinking
innovatively about their business issues.
Our focus on the industries of tomorrow has enabled
us to develop market-leading expertise in: Technology,
Media and Communications; Life Sciences; Private
Wealth; and Energy.
The firm’s globally renowned expertise in intellectual
property and technology underpins its strength in
knowledge-based industries.
Taylor Wessing has more than 1,150 lawyers across
Europe, the Middle East and Asia, offering an
integrated service across the full range of practice
areas.
We support clients wherever they want to do business.
Our 26 offices around the world blend the best of local
commercial, industry and cultural knowledge with
international experience to provide proactive,
integrated solutions for our clients.
Taylor Wessing is proud of its enviable reputation as a
forward-thinking firm.
About Taylor Wessing
Partner law firms via international networks
We have a selected network of partner law firms with whom we have worked for many years on
cross-border transactions and projects in all important jurisdictions.
Taylor Wessing expert teams and country groups respectively
Taylor Wessing offices
Austria
Vienna I Klagenfurt*
Belgium
Brussels
China*
Beijing I Shanghai
Czech Republic
Brno* l Prague
Poland
Warsaw
Singapore
Slovakia
Bratislava
South Korea**
Seoul
France
Paris
Germany
Berlin l Dusseldorf l Frankfurt l
Hamburg l Munich
Hungary
Budapest
Indonesia**
Jakarta
UK
Cambridge I London
Ukraine
Kiev
UAE
Dubai
USA*
New York l Palo Alto

Borders are being erased…

Why?
https://creativecommons.org/licenses/
by-sa/2.0/
http://bit.ly/1Okm6oj

> Are you ready for:
– International opportunities
– International challenges
Ask yourself…

> Customers
> Cultures
> Languages
> Competitors
> Regulations
In with the NEW…

> Jolly Green Giant
– Original: "The Jolly Green Giant"
– Arabic Translation: "Intimidating Green
Monster"
> American Dairy Association
– Original: "Got Milk"
– Spanish Translation: "Are You Lactating?"
> Schweppes
– Original: "Schweppes Tonic Water"
– Italian Translation: "Schweppes Toilet
Water"
Lost in translation…

> Foundation
> Fundamentals
> Funding
The F words…
https://creativecommons.org/licenses/by-sa/2.0/

> Think globally from day one
– Prepare your product and business for
the future
So what's next?

> "Space...the final frontier. These are the
voyages of the Starship Enterprise. Its
continuing mission: to explore strange
new worlds, to seek out new life and new
civilisations. To boldly go where no one
has gone before." – Captain Jean-Luc
Picard
Wise words…
https://creativecommons.org/licenses/by-sa/2.0/
http://bit.ly/1Ic5XMN

> (Your next target market)…the first of many
frontiers. These are the voyages of (Your
Company). Its continuing mission: to
explore strange new markets, to seek out
new opportunities and new customers. To
boldly do what no company done before.
Your Captain's Log

> Doing business with v. Doing
business in
– "On the Ground or On the Web?"
Are you INternational?

> Branch v. Subsidiary
– Capital requirements
– Other formalities and timing
– Registered office
> Plan Properly
– Overseas parent may be taxable
Setting up shop…

> Key Early Question:
– The US parent?
– European subsidiary?
– Another group company?
Follow the money…
https://creativecommons.org/licenses/by/2.0/

> Taxes
– Inter-company tax structuring agreement
– "Cost plus", but remember the lower tax
rates
– Interest and penalties for non-compliance
– Apply sanity check
The two certainties in life…

> Immigration/hiring strategy
– Certain visas need early planning
– US citizens can visit Europe for 90 days
for business but not for work
Bon voyage…

> Local employment laws
– Europe ≠ Employment at will
– Confidentiality and IP protection
Hiring & firing…

> Granting stock options
– Think about the local tax planning that
needs to be done
– Local cultural differences
Stock & awe…

> Intellectual Property (IP) is critical when
entering new markets
– Trademarks
– Copyrights
– Domain names
– And more…
Protect your assets…

> Data Protection & Privacy
– Openness and transparency
– Data transfers to the US
> Compliance by Design
– Designing your technology for global
markets
Big, bigger, & biggest data…

> Customer contracts
> Website terms & content
– Text and graphics
– Numeric, date, and time formats
– Currency
– Colors, symbols, etc.
l10n (Localization)…

> Lack of awareness of European
sensitivities on privacy
– Market privacy-sensitive models/
technology
– Location of data hosting access, safe
harbour etc
– Cookies and consent?
Blind spots

> Terminating distributors and sales reps
– Mandatory notice periods and
compensation
– Sales reps – EU Commercial Agents'
Directive
– Resellers – national law issues often
override choice of non-local law
– Don't go exclusive without clear early exits
 Think pre-nup!
Blind spots

> Losing the brand or key domain names
> Don't spend a "king's ransom" getting
back what you built!
War stories – Losing your brand

> Employing consultants - Be careful…
War stories - Consultants

> Setting up on the ground without tax
planning
War stories – Tax strategy

> Keep It Simple Stu…
> Choosing a complex structure at the start –
keep it simple!
War stories – K.I.S.S.

> Think EHQ/AHQ at the right time in your
growth
War stories - Foresight

> Know whether you need the pros
War stories – Bring in the vets

> Across the Pond - Your Guide to the UK
– Across the Pond is a concise guide focusing on the
key legal issues that US and Canadian businesses
need to consider when setting up in the UK. It also
includes our comments on trends and hot topics we
are seeing in the market.
> Global Data Hub - Your Guide to Data
Protection
– Global Data Hub draws on Taylor Wessing's
international expertise to provide you with insight
and guidance on data protection issues. Our in-
depth analysis, news updates and events will help
you navigate the minefield of global data protection
law.
Handy resources

Mark Barron
m.barron@taylorwessing.com
650 666 8402
Kai Westerwelle
k.westerwelle@taylorwessing.com
650 666 8403
Richard Kil
r.kil@taylorwessing.com
650 666 8404
Thank you!

Opportunities & Blind Spots in International Expansion

Recommandé

Recommandé

Contenu connexe

Similaire à Opportunities & Blind Spots in International Expansion

Similaire à Opportunities & Blind Spots in International Expansion (20)

Dernier

Dernier (20)

Opportunities & Blind Spots in International Expansion

Notes de l'éditeur