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American Bar Association

ABA Section of Business Law

Business Law Today

Our mini-theme: Canada

It's no secret to readers of this magazine that business law is global. Our personal and professional transactions often have an international component, and many of the items we use in our homes and offices come from somewhere outside of the United States. In order to remain relevant to business lawyers, the ABA Section of Business Law strives to reflect the global reach of business law. In furtherance of that goal, in April the Section will, for the first time, hold a Spring Meeting outside of the United States, in one of North America's most exciting and beautiful cities, Vancouver, British Columbia. To celebrate this event, Business Law Today brings you the O Canada mini-theme.

The United States and Canada have the world's largest bilateral trading relationship. Three of the articles in this issue discuss important issues with which United States businesses must be familiar when entering into transactions with Canadian consumers and businesses. A shop in a Canadian shopping center may look a lot like a shop in an American mall, but as Rocco Delfino and Mario Paura explain in "Setting Up Shop in Canada: What U.S. Retailers Need to Know," an American business operating in Canada needs to be familiar with laws quite different from those in the United States. Likewise, as cross-border consumer transactions grow in number, American businesses need to know that their standard-form contracts might not be enforceable in other countries. One typical standard term is the mandatory arbitration clause and Nikiforos Iatrou and Candace Cooper, in "Clashing with Class Actions: Exclusive Arbitration Clauses in Canada," explain that such clauses may not be enforceable in all Canadian jurisdictions. In a Keeping Current article, "Canadian Foreign Take-over Review," Howie Wong and Robert Dechert explain Canada's regulation of foreign takeovers.

Law schools must prepare tomorrow's lawyers for a global practice. In this issue, we revive our Train for the Future section, highlighting two different efforts to immerse law students in cross-border issues. In "Canadian, Eh? The Value of a Joint U.S.--Canadian Law Degree," Rob Blackstein and Bernadette Corpuz discuss a joint JD-LLB program offered by only a handful of American and Canadian law schools. Other law schools give their students firsthand international experiences as well, and Professor William Reynolds and his student, Laila Said, discuss a unique program offered by the University of Maryland which gives students the opportunity to work with foreign law reform commissions.

In our effort to inform our readers about global business law issues, we are happy to present these articles about the legal landscape of our northern neighbor and largest trading partner.

--Juliet Moringiello
Harrisburg, Pennsylvania

Setting up shop in Canada
What U.S. retailers need to know
By Rocco M. Delfino and C. Mario Paura

Clashing with class actions
Exclusive arbitration clauses in Canada
By Nikiforos Iatrou and Candace Cooper

Keeping current: takeovers
Canadian foreign takeover review
By Howie Wong and Robert Dechert

Canadian, eh?
The value of a joint U.S.-Canadian law degree
By Rob Blackstein and Bernadette Corpuz


Attorney fees in class actions
When plaintiffs are taxed too
By Robert W. Wood

Prosecution of private corporate conduct
The uncertainty surrounding honest services fraud
By Frank C. Razzano and Kristin H. Jones

Implementing the Electronic Communications Convention
Ratification isn't what it used to be
By John D. Gregory

Life at the center
Reflections on my career
By Roberta S. Karmel

Commercial leases in bankruptcy
What happens to the security deposit?
By Paul E. Escobar

Diversity management in an economic downturn
Diversity & risk mitigation in corporate restructuring
By O'Kelly E. McWilliams III and Nimesh M. Patel

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