My article, “The Legal Implications of Nearshore Outsourcing to Mexico,” has been published in the latest issue of The California International Law Journal. Volume 17, Number 2 contains three articles on Mexico and one article on IP in the EU. My article is intended for practitioners and provides pragmatic advice and recommendations related to contract enforceability, remedies, arbitral clauses, data privacy, intellectual property, and other legal issues under relevant contract laws, NAFTA, and international commercial and trade agreements. In the same issue, J. Anthony Girolami examines the 2008 Renewable Energy Law in Mexico, its impact on the industry, and how California may benefit from geothermal, wind, and hydroelectric power generated in Mexico. In the third Mexico-focused article, Lizbeth H. Flores identifies eight cultural practices that every cross-border attorney doing business in Mexico should know. Lastly, Robert Cain and Mark Finn provide Part II of their two-part article on protecting intellectual property rights in the European Union.
I would like to thank Dena Cruz, the Editor-in-Chief, and Lisa Earl, the Associate Editor, for their assistance during the process and hard work in compiling the articles.
The full text of the articles is available online for free for members of the California Bar International Law Section. *See below for details on how to join the International Law Section.
Update 29 May 2009
The latest issue, Volume 17, Number 2, is now available online on the The California International Law Journal website.
The print copy was sent to Section members at the end of April.
by Renee Dopplick, Inside Justice
Bluebook citation: Renee Dopplick, The Legal Implications of Nearshore Outsourcing to Mexico, Cal. Int’l L.J., Spring 2009, at 3.
My article is intended for practitioners and provides pragmatic advice and recommendations related to contract enforceability, remedies, arbitral clauses, data privacy, intellectual property, and other legal issues under relevant contract laws, NAFTA, and international commercial and trade agreements. Because country-specific issues can impact contract performance and data security, the article first provides an overview of the information services infrastructure, political climate, legal framework, and judicial structures of Mexico. The article then describes the relevant commercial contract laws under the domestic laws of the United States and Mexico, the public policy laws that may limit the contract’s enforceability in each of the two countries, and the pros and cons of available remedies for nonperformance and data breach. Best practices are given for drafting and enforcing arbitral clauses, monitoring contract compliance, and conducting due diligence efforts when selecting a Mexican outsourcing company.
Read more about me.
by J. Anthony Girolami, Counsel, Chadbourne & Parke
Bluebook citation: J. Anthony Girolami, Going Verde – Renewable Energy in Mexico, Cal. Int’l L.J., Spring 2009, at 15.
In November 2008, Mexico enacted the Renewable Energy Law, marking the first step in creating a comprehensive legal framework for developing renewable energy projects in Mexico. This article examines that Law, its impact on the industry, and how California may benefit from geothermal, wind, and hydroelectric power generated in Mexico. The article also provides a brief background on existing renewable energy projects and discusses several difficulties related to implementing additional projects, particularly as related to communal lands.
J. Anthony Girolami is Counsel at Chadbourne & Parke and has 15 yrs experience representing U.S., Mexican, Brazilian, and a host of Latin American clients in transactions involving development, constructions, and financing of large-scale infrastructure projects. He is fluent in Spanish and Portuguese. He received his J.D. from the University of San Diego School of Law and is a member of the State Bar of California and the New York State Bar Association. He also is a foreign legal consultant registered with the Brazilian Bar Association.
You can receive one hour of MCLE Self-Study Credit by completing the test questions on page 21, directly following the article.
by Lizbeth H. Flores, Corporate International Attorney at the Law Offices of Lizbeth H. Flores
Bluebook citation: Lizbeth H. Flores, Importance of Understanding the Mexican Culture When Doing Business in Mexico, Cal. Int’l L.J., Spring 2009, at 22.
In this article, Flores identifies eight cultural practices that every cross-border attorney doing business in Mexico should know. Specifically, she describes what not to assume during the negotiations and contract formation; what affirmative action must be taken and by which qualified legal actor and/or party to the transaction; and what to watch out for. She includes one very significant piece of advice related to a procedural detail that directly impacts the legal enforceability of contracts in Mexico. Do not get caught unaware and producing an invalid contract! This common pitfall is avoidable, if you know about it in advance. I briefly mentioned this issue in my article as well, but she describes the tip in its cultural context and provides a few illustrations. Join the Section to gain online access to her sage advice, as I cannot reveal any additional details without giving it all away.
Lizbeth H. Flores is licensed to practice in Mexico, California, and New York. She studied law at Technológico de Monterrey (ITESM), Mexico and earned a Master of Laws at U.C. Berkeley. She previously worked at Luce, Forward, Hamilton & Scripps LLP in San Diego and for a public high-tech company in New York City. She has worked on securities, corporate law, investment matters, and international transactions.
by Robert Cain and Mark Finn, EMW Picton Howell’s Technology Law Team
Bluebook citation: Robert Cain & Mark Finn, Strategies for Companies Protecting IP in the EU – Part II, Cal. Int’l L.J., Spring 2009, at 24.
Part I examined the makeup of EU membership, the institutions and laws, and how to go about obtaining protection for intellectual property rights. Part II examines different channels for distribution and the impact they can have on risks taken by a company selling products in the European Union. In that context, the authors review both national and EU competition law, consider some recent developments in the use of trademarks on the internet, and analyze the pros and cons of different jurisdictions in which a plaintiff may commence an action for infringement.
Robert Cain joined EMW Picton Howell’s Technology Law Team in June 2002. He qualified as a Solicitor in 1992, having previously gained financial and sales experience with accountants, PricewaterhouseCoopers, and United Biscuits plc.
Mark Finn joined EMW Picton Howell’s Technology Law Team in May 2006, having previously worked for 20 years in international law firms in the City of London. He qualified as a lawyer in 1986 and, since then, has specialized in intellectual property law, both in the field of litigation and commercial contracts.
About the International Law Section of the California State Bar
The International Law Section of the California State Bar was founded in 1987 to serve California lawyers handling international legal matters in a wide variety of areas, including corporate and business transactions, litigation and arbitration, tax, regulatory and trade matters, bankruptcy, intellectual property and family law. It publishes The California International Law Journal and an online law newsletter, The California International Law Newsletter. Membership is open to California lawyers, as well as to attorneys and other interested professionals and students worldwide.
California attorneys may apply online for associate membership and receive immediate access and member benefits.
- Non-California Attorneys
Non-California attorneys may apply for associate membership by completing the “Section Enrollment Form” and submitting it by physical mail with the annual $75 fee.
- Law Students
Law students may apply for associate membership by completing the “Section Enrollment Form” and submitting it by physical mail. Students may request free membership, up to three years.