In the United States, signing a contract ensures that two parties know exactly what they are getting for the tenure of the contract. But in China, a contract is more a symbol of a relationship, changing as the benefits differ for each party.
This is just one of the many legal and cultural differences that companies must deal with when they wish to start marketing or producing in foreign countries, said Craig Meurlin, partner at Warner Norcross and Judd and chair of its international practice group.
“There are some cultural and legal mountains out there,” he said of delving into international business.
Meurlin said such cultural translations are usually more difficult in Asian countries than in European countries.
“It is, I think, a much more significant cultural difference,” he said. “Those mountains are much higher.”
Meurlin said it is highly important for companies to understand the cultural background of a country where they wish to do business. Meurlin said in
Much of Meurlin’s experience in
With his experience came the ability to navigate the process, asking the right questions and getting the right answers, Meurlin said.
One of the things attorneys can help businesses with is compliance, including the current issues of the federal Anti-Bribery Act.
“It has much broader applications than people might have expected,” he said.
Donating to pet charities of business partners in other countries was once seen as a gesture of goodwill, but now can be construed as bribery, Meurlin said, and companies need to be aware of this.
It also is necessary to be aware of what business partners are doing, especially whether they may be engaged in illegal behavior.
“You have to restrict what your distributors can and cannot do,” he said.
The challenge of dealing with corruption is one that more companies may face as they become involved with the Russian market, said Richard Walawender, head of the international business practice at Miller Canfield Paddock and Stone. He has worked with four companies in the past year that do business in
“It’s really challenging to do that because of the high governmental red tape issues that you have there, and also it is very corrupt,” he said. “Finding a good partner — a trustworthy partner — in a place like
Similar problems arise in
“I think the playing field has become a lot more level these days,” he said.
Meurlin said the international business landscape has changed since his time helping Alticor make the transition to the Asian market during the 1990s and early 2000s.
“We all know about the Alticors of the world and the Wolverine World Wides of the world,” he said. “Now international companies cover a much broader range of size.”
Walawender said it has taken American companies — especially those in
With the rush to take their business into countries such as
“It’s not a zero-sum game,” he said. “It doesn’t mean closing a plant in
“Historically,
Companies should be in both the domestic and foreign markets, Walawender said.
“You can have both — and you should have both,” he said. “Companies for the most part have really turned the tide in the last couple of years.” LQX