Celia Bigoness is a Clinical Professor of Law and founder of the Entrepreneurship Law Clinic, Cornell’s first transactional law clinic. In addition to teaching at the Entrepreneurship Law Clinic, Professor Bigoness teaches “Introduction to Transactional Lawyering” and organizes the annual Cornell Law School Transactional Lawyering Competition. Before joining Cornell, she spent seven years practicing corporate law at Sullivan & Cromwell LLP in New York, London, and Paris. Her experience includes project finance, leveraged finance, capital markets, and mergers and acquisitions. Professor Bigoness received her J.D. from Yale Law School, where she was editor-in-chief of the Yale Journal of International Law, and her A.B. from Harvard.
Whether you currently manage or are planning to develop a foreign direct investment (FDI), understanding risks is critical when doing business in a foreign jurisdiction. Cross-border investments can be jeopardized by a change in the political culture or the legal landscape of the country in which your investment is located. What happens, for example, if the host country enacts new laws or regulations that raise your operating costs? Or what happens in the event of expropriation? With so many variables to account for, you'll need practical insights and comprehensive tools to help mitigate uncertainty.
In this course, you will examine several contractual clauses and other resources that will help you anticipate and respond to problems that can negatively impact the return on your FDI. You will also explore a real-world example of a cross-border deal gone wrong, learning from challenges to develop effective strategies and protections. By practicing how to identify different risks, you will discover how to recommend contractual mechanisms to offset their effects.
If your business has any international activities, it is important to equip yourself with the knowledge to navigate the global business landscape. Familiarizing yourself with the complexities of the federal Foreign Corrupt Practices Act (FCPA) can help you to avoid running afoul of its requirements and operate confidentially and ethically. Many businesses are subject to the FCPA, yet the statute can be difficult to understand due to its complexity and sheer breadth.
In this course, you will examine the FCPA's origins, scope, and applicability under different circumstances. You will analyze various scenarios in which the FCPA's requirements are implicated, and you will define and evaluate best practices for ensuring compliance with the FCPA. Finally, you will have the opportunity to step back and consider the broader implications of the FCPA for U.S. businesses seeking to compete internationally.
Whether your business exports globally or imports into the United States, understanding the economic impact of trade tariffs is crucial. Trade tariffs are a tax on products that enter a country's national borders, and they are imposed to varying degrees by most countries around the world. And just as with any other tax on business activities, a business can change the scope and magnitude of any tariffs it is required to pay by altering its sales or procurement practices.
This course will provide the tools needed to assess the economic impact of U.S. tariff laws on any prospective import by a U.S. business. You will discover how to assess and compare tariffs, empowering you to minimize financial impact while achieving other business objectives. You will also examine the legal limits of tariff engineering — a common method for tariff reduction — and gain valuable insights into how U.S. tariff laws align with historical global practices.
Virtually every company, regardless of its size or industry, owns a form of intellectual property known as trade secrets. Although protected under U.S. federal and state laws, trade secrets do not benefit from similar protections in many foreign jurisdictions. Accordingly, a U.S. company that seeks to do business abroad or contract with foreign partners may be exposing its trade secrets to new vulnerabilities as a result.
In this course, you will analyze how U.S. laws protect trade secrets then examine common ways in which foreign laws on trade secrets differ from the United States. You will also identify best practices and procedures for protecting trade secrets outside of the United States, including through contractual mechanisms. By the end of this course, you will gain insights into the cultural implications of various legal approaches and fortify your knowledge to protect intellectual assets.