The purpose of this Seminar is to introduce students to legal aspects of cross-border business and investment transactions. With a particular emphasis on India, the Seminar will provide a legal practitioner's perspective (both from the in-house and outside counsel perspective) on the issues that arise in cross-border transactions in emerging markets. This Seminar aims to provide students with the knowledge, perspective and practical skills required of lawyers who advise clients in such transactions. The Seminar will use India as a case study for transactions in emerging markets. As such, it will not attempt to cover all relevant laws and regulations but rather to focus on a number of salient aspects of transacting business in India. This will include an introduction and overview of the framework for investing and doing business in India, compliance issues that may arise in conducting business in India, key trends and issues in U.S.-India business, trade and commercial transactions, cultural differences and how they impact transactions and the work of the practitioner, equity and debt funding mechanisms, common tax issues in structuring international investments and doing business with India, dispute resolution mechanisms and related issues.
A good part of the Seminar will also focus on deal making (including due diligence), deal structuring, deal protection and other common issues in public and private M&A transactions in India. These issues are equally germane to transactions in other emerging markets.
The Seminar will conclude with an interactive mock negotiation of a cross-border transaction involving a U.S.-India transaction
Method of evaluation: Paper(s) 60% of the grade, Mock Negotiation Participation for 20% of the grade and General Class Participation for another 20% of the grade.