Legal news and trends for Canadian in-house counsel and c-suite executives
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You will inevitably get it wrong if you haven't spent any time there. You learn more three months in at a cocktail party than reading all the international articles that you can fi nd. The way things actually work is usually quite different than the way it appears from afar. ANGUS MITCHELL, Bennett Jones LLP specific knowledge about the area in question. He says some communities are more swayed by an offering of water or honey than money. "In fact, to introduce the concept of money as a bargaining chip can totally transform a community in a way that you hadn't anticipated and may not be desirable in the long run in terms of managing your relationship with the community," says Gourley. Jorge Neher, an international part- ner with Macleod Dixon LLP based in Caracas, has worked through these issues for clients throughout Latin America. He urges companies looking to invest in operations in South America's emerging markets to also touch base with the near- est Canadian embassy when setting up shop. "It's usually a lot of help to inves- tors in setting up their operations in a country," he says. "They usually have very good relations with the government, and they go out of their way to make a project successful for a Canadian investor." Neher also says it is essential to devote time to understanding the general legal regime of the sector the company is investing in, whether it be the resource, manufacturing, or other area. Chances are that significant dif- ferences exist from what the lawyer has experienced in Canada. It may be as New Products for Lawyers Litigation/Trial/Court Paper 32163983 321639 NEW 32163984 3216398 84 Ruled, Ivory Paper Padded 11", extra-stiff padded with litigation rule. 50 sheets per pad, 2 pads per pkg. Reg $20.25 $14.15 Do you have an idea for a legal product that you could use? We would love to hear from you. dyedurhambasics.ca • 1-888-393-3874 EXPIRES JULY 31, 2010 D&D_IH_June_10.indd 1 INHOUSE JUNE 2010 • 5/4/10 2:13:18 PM 23 NEW 983 Ruled, Ivory Paper Padded 11", extra-stiff padded with law rule. 50 sheets per pad, 2 pads per pkg. Reg $20.25 $14.15 straightforward as counsel reacquaint- ing themselves with the ins and outs of civil law systems, which predominate in Latin American countries. But perhaps the most vital move for in-house counsel as they guide their company's operations in developing nations is the selection of local outside counsel to help steer the operation in the right direction. Neher says it's best to find a lawyer who has experience working in the region on the type of project the com- pany is developing, but also understands the North American legal scene. "If you come to a country in Latin America and ask for an opinion on some legal tenure of some oil and gas properties, and you get the best regulatory attorney to do that, they will probably come back to you with some 45-page opinion, which nobody is going to read," he says. With that in mind, it's likely best to go with someone who knows how the profession operates north of the Rio Grande. One of the key issues that local counsel and in-house lawyers must guard against 32163394 32163 3394 NEW Red Ruled, Canary Paper Padded 11", 3-Hole, extra-stiff padded with law rule. 100 sheets per pad, 6 pads per pkg. Reg $42.50 $29.75