International Law In Business

How Multinational Businesses Resolve Conflict of Laws Issues and Private Equity Deal Trends and Regulatory Concerns in a Changing Landscape


What do you do in a discovery situation where one side is seeking documents or evidence that is held in a foreign country, but it cannot be produced without violating the laws of that country? How do you deal with that situation?  What are the courts doing? The presenters in the first part of this course answer these questions and more as they address a situation where companies are being ordered to violate the laws abroad in order to comply with the law here in the United States.

The second part of this course takes a look at private equity deal trends and the regulatory concerns surrounding these types of deals. The presenters give a through overview of managing litigation and regulatory and compliance uncertainties in a time of increased SEC scrutiny. They provide helpful tips on addressing the practical deal elements of negotiating deals in this climate where there's an increased focus on the concept of fraud and other caveats from exclusive liability.

*Mobile Compatible


I. How Multinational Businesses Resolve Conflict of Laws Issues
    A. Background
    B. The Problems
    C. What has Happened in the Legal Arena
    D. Recent Trends
    E. Circuit Court Weighs In
    F. Takeaways
II. Private Equity Deal Trends and Regulatory Concerns in a Changing
   A. Let the Games Begin
   B. SEC Scrutiny of the PE Industry
   C. Enforcement Actions
   D. Disclosure is King
   E. SEC's Focus on Pay-to-Play Rules and Valuation Practical
   F. Cybersecurity Concerns
   G. Fraud Carve-Outs
   H. Key Practice Points
   I. Non-Reliance Clauses and Wrap-Up

Content Provided

With influence and presence on both U.S. coasts and abroad, Pillsbury Winthrop Shaw Pittman LLP enjoys an expansive international platform. The firm has 14 offices in global centers for capital markets, energy and technology and provides its clients with the strength of this reach and a commitment to cross-border service and responsiveness. Pillsbury is a leader in its core areas of focus: capital markets and finance, energy, global sourcing, litigation, real estate, technology, life sciences, and communications.

Speakers / Authors:

Photo of Ari Berman

Ari Berman

Ari Berman is a partner in Pillsbury Winthrop Shaw Pittman LLP’s litigation practice. He focuses his practice on commercial litigation, with an emphasis on lawsuits involving federal securities laws.

Mr. Berman has extensive experience representing companies and individuals—including public companies, financial institutions, private investment funds, and officers and directors—in contexts such as investigations and enforcement proceedings by the SEC, FINRA and other law enforcement and regulatory agencies. In addition, he has significant experience representing companies in bankruptcy court proceedings and investors in distressed settings.

Mr. Berman received his J.D. from New York University School of Law in 1999, and his B.A., magna cum laude, from the University of Pennsylvania in 1996.

Photo of Jarrod Murphy

Jarrod Murphy

Jarrod Murphy is a partner in Pillsbury Winthrop Shaw Pittman LLP’s M&A practice. He has extensive experience advising public and private companies and private equity sponsors (including their portfolio companies) in connection with a wide variety of complex, high-profile corporate matters.

Mr. Murphy’s broad corporate practice encompasses all aspects of private and public M&A and related corporate advisory work, including both domestic and cross-border mergers and acquisitions, joint ventures, spin-offs, corporate restructurings, minority investments, capital markets transactions and corporate governance matters. Highly regarded as a private equity specialist with a deep knowledge of the market, Mr. Murphy has advised on the buy-side and sell-side for numerous sponsors and their portfolio companies, including with respect to both majority and minority investments and co-investments, divestitures, take-privates and other major corporate transactions.

Mr. Murphy received his LL.B., Honors, from the University of Auckland in 2001, and his B.A. from the University of Auckland.

Photo of Michelle Ng

Michelle Ng

Michelle Ng, a member of the Litigation practice of Pillsbury Winthrop Shaw Pittmna LLP is fluent in Madarin and Cantonese Chinese, advocates for her clients’ interests, and helps resolve their legal disputes and regulatory matters efficiently.

Ms. Ng’s clients have included U.S. and Chinese corporations with operations in both China and the U.S. Additionally, she has also completed a secondment in the Legal and Compliance Department at the federal branch of a top-five Chinese state-owned bank in New York.

Ms. Ng is Co-Author of The Tragedy of Anti-Money Laundering Regulation: Where is the Cost-Benefit Analysis?, Notre Dame Law Review Online, 91 Notre Dame L. Rev. Online 1 (December 2015)

She received her J.D. from the University of California, Los Angeles, School of Law in 2012, and her B.S., summa cum laude, from St. John’s University in.

Photo of Geoffrey Sant

Geoffrey Sant

Geoffrey Sant is a partner in the Litigation practice of Pillsbury Winthrop Shaw Pittman LLP, where he maintains a practice focused on advising clients on complex litigation with an emphasis on commercial, corporate and financial litigation and transactions.

Known for his extensive experience in representing both Chinese and U.S. financial entities, Mr. Sant represents some of the world’s largest banks, investment companies, and businesses in both litigation and transactional matters. He has successfully obtained the dismissal of lawsuits against major Chinese banks and businesses, including obtaining the dismissal with prejudice of a litigation seeking over one billion dollars in damages. On the transactional side of his practice, Geoffrey recently won regulatory approval for a new U.S. branch of a major Chinese bank.

Mr. Sant’s interviews and commentary on legal issues have appeared in such media as American Lawyer, BBC Radio, CBC Radio, CCTV, CNN, CNBC, Global Times, The New York Times, People’s Daily, Phoenix Television, and The Wall Street Journal, among others. In 2016, The Atlantic selected one of his writings as an “Exceptional Work of Journalism.”

Mr. Sant teaches at Fordham Law School and has taught at the China University of Political Science and Law (in Beijing).

Mr. Sant received his J.D. from New York University in 2008, his M.A., Chinese and Japanese Literature, from Columbia University in 2005, and his B.A., with Honors, from the University of Chicago in 1996.


Price (USD)

Standard: $99.00
Subscribers: FREE
Pillsbury U Online: FREE
Metro State Univ: $99.00


Course Code : 775576

Release Date : 09/03/2019

Length : 1hr 2min
Recorded Date : 5/21/2019

Format Type : eLearning
Mobile Compatible

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