Law 794:  Doing Business in Emerging Markets-Geopolitical Conflict

After decades of rapid globalization and a relatively stable political environment, businesses now increasingly face risks associated with geopolitical conflict. These include risks arising out of Russia’s invasion of Ukraine, the wars and conflict in the Middle East, potential consequences of China’s global role, artificial intelligence, election interference and political polarization. The risks are reputational, financial and legal. As a result, businesses are hiring foreign affairs and diplomatic specialists and regional experts to advise on these issues.  Lawyers play a critical role in this process.

How can businesses and lawyers identify risk arising out of geopolitical conflict? How can this risk be measured? How can it be managed?

In this class, we will look at corporate liability under US law stemming from geopolitical conflict.  Specifically, we will consider issues such as sanctions compliance, contractual liability, shareholder activism, corruption and heightened due diligence requirements. Guest practitioners will join us from time to time. 

Some of the topics are complex but all are accessible and understandable based on the readings and class lectures.  Students who might not have a background in finance or business are invited and encouraged to ask questions in class or during office hours. 

All reading assignments will be available on Canvas.  No textbook required.

Sequences and Prerequisites:  None.  An interest in the issues or cross border legal work is required.  Prior or simultaneous courses in securities regulation or corporations may be helpful but is not required.

Evaluation:  In class open book/closed internet exam (80%) and class attendance and participation (20%).