Sun vs. Ice Fields – Conflict of laws


Thanks a lot to Mike, Sun’s GC, for sharing his insight on the issues faced by a company with international presence. This area of law is general known as Conflict of laws. It is actually quite interesting and relevant than it sounds like. (smile)
As a simple example, in a well drafted business contract, you will always see the location of where you sign the contract stated clearly. Why is it important? Well, this is to allow a court to decide whether if it has jurisdiction. Without jurisdiction, the court has no authority on the matter.

Now, one of Mike’s examples deal with the US Sarbanes-Oxley (SOX) requirement of anonymous “whistle blowing”. Now for those companies that also operate in the European Union, EU has actually “enacted legislation that restricts the ability of companies wanting to implement anonymous reporting as part of compliance programs.” This happens as a result of many French and German citizens having “painful memories of experiences resulting from their inability to confront unknown accusers during WWII and in East Germany.”

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