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If a foreign party is involved in an inbound M&A or investment transaction, uncommon issues may arise in several areas of law, which play no role, or a much lesser role, in transactions where all parties are domiciled in the United States. This article describes some (but by no means all) such issues that we have encountered when representing non-U.S. clients. For example, there may be discrepancies in corporate governance regimes that will require at the very least educating the foreign investor and sometimes addressing any arising governance issues through appropriate documentation.

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