Protecting the Attorney-Client Privilege Globally

Baker & McKenzie Partner Mark Taylor led a discussion this afternoon at Doing Business Globally in Dallas on the attorney-client privilege, and how it applies in different countries such as Brazil, China, India, Russia, and the European Union. Mr. Taylor’s presentation covered key details from each country, but here are general takeaways:

  • Nearly all countries recognize some form of attorney-client privilege, though not always by name.
  • In common law countries like England, the “privilege” is normally based in case law.
  • In  civil law countries like France, the “privilege” is typically embodied in statutes.
  • In most countries, “confidential” has the same meaning as in the U.S. However, in some jurisdictions, such as China, policy may require in-house counsel to reveal information that would be considered confidential in the U.S.

Optimistic Outlook for Doing Business in India

In the Emerging Markets track session at Doing Business Globally in Dallas this morning, Baker & McKenzie Partner Ashok Lalwani offered insights on doing business in India. Mr. Lalwani, who is based in Singapore, described a growing optimism among foreign investors in India, following the election of Prime Minister Narendra Modi in May.

Key Takeaways:

  • With the landslide election of Modi, there’s a new buzz in India in terms of business expectations. GDP growth predictions are at 6-7 percent, the value of currency has remained stable, and the stock market is at record highs — all considered positive economic indicators.
  • In the next couple years, business momentum is expected to build, with a number of industries being liberalized, and more foreign direct investment permitted.
  • In the long-term, the M&A outlook in India is strong. It is a solid domestic market with an educated workforce and competitive labor force.
  • On the short term, meanwhile, domestic M&A is expected to take off.

 

‘A Really Interesting Perspective’

“It was a really interesting perspective. It’s so very different from any panel I’ve ever participated in – applying a legal lens to marketing. I think it helps reinforce the importance of a close relationship and partnership between the two functions, especially as the world keep changing so rapidly. The partnership becomes very important to making sure you’re doing business successfully.”

Jennifer Saenz, Vice President of Marketing at Frito-Lay, who served as a panelist in a DBG discussion this morning in Dallas on enterprising brand strategies.

Entrepreneur Shares Story of Global Brands

John Paul DeJoria, co-founder of John Paul Mitchell Systems and The Patron Spirits Company, delivered the keynote address for Doing Business Globally in Dallas this morning, discussing the humble beginnings of his companies and how he grew them globally.

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Some interesting facts from Mr. DeJoria’s address:

  • Mr. DeJoria started John Paul Mitchell Systems with $700. The company now produces more than 100 products in over 100 countries.
  • An early distributor of Patron tequila told Mr. DeJoria he wouldn’t sell more than 20,000 cases annually. Today they sell 3 million, and The Patron Spirits Co. is the No. 1 financially successful tequila company in the world.
  • When Mr. DeJoria wanted to expand Paul Mitchell into the United Kingdom, he targeted the top 10 salons in London and delivered top customer service and individual attention, promising full refunds for products that did not sell.  This created exclusivity for the brand in a saturated market.
  • When expanding internationally, your product or service must be of the very best quality. Second, go into the market not to just sell your product, but to get your product re-ordered. “The product or service must be so good they’ll want to re-order.”
  • Mr. DeJoria discussed his companies’ philanthropic initiatives — from purchasing limbs for land mine victims in Africa, to helping curb the spread of HIV on the continent.
  • Three months ago, Mr. DeJoria launched ROK Mobile, the first wireless provider in the United States to offer a mobile and music service under one roof.

Read more about Mr. DeJoria.