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The global economy has made the business world both larger and smaller at the same time. It is not unusual for middle market companies located anywhere in the United States to be simultaneously engaged in both international and domestic trade. A recent article in the Law Journal1 dealt with some of the governance and regulatory challenges faced by in-house counsel as a result of the global economy. This article in turn will focus on the issues to be dealt with by in-house counsel when such a U.S. company intends to finance its offshore operations, whether conducted by it directly or through a foreign subsidiary, secured by offshore collateral. We will highlight the main areas of concern that internal counsel must identify and analyze on behalf of a U.S. company (which we refer to as the Borrower in this article).

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