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James M. Klotz

James M. Klotz

Associé
Toronto

416.597.4373
jmklotz@millerthomson.com

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Biographie

( Disponible en anglais seulement )

James Klotz is a partner in the Business Law Group of Miller Thomson LLP in Toronto and Co-Chair of the firm’s International Business Transactions Group.  International business is his area of specialty; international anti-corruption is a related practice area. Having led complex corporate and commercial transactions in more than 108 countries, Jim is widely respected for his deep knowledge and practical experience in the international business arena. Clients include multi-national organizations, corporate and commercial enterprises, entrepreneurial individuals and government agencies.

Jim has for many years held senior leadership positions in the Canadian, American and International Bar Associations.  He is an Adjunct Professor of International Law at Osgoode Hall Law School in Toronto and a well regarded international business law speaker, lecturer and author, with more than 100 papers on the topic of international business law to his credit.

Business enterprises and lawyers around the world have also benefited from his very practical textbooks, including “Power Tools for Negotiating International Deals” and “International Sales Agreements: A Drafting and Negotiation Guide”, both of which are now in their 2nd edition by Kluwer International.

Jim also speaks conversational French and Mandarin Chinese.

Voir la biographie

Formation

  • ICD.D, Institute of Corporate Directors, 2008
  • LL.B., Osgoode Hall Law School, York University, 1982

Réalisations professionnelles

  • Has been recognized as a “Leading International Finance Lawyer” in Best Lawyers in Canada (2012).
  • Holds Martindale’s highest rating, AV.

Postes d'administrateur

Current

  • Member, Independent Governance Committee, FIFA (2011-)
  • President and Chairman of the Board, Transparency International (Canada) Inc, the Canadian chapter of the global organization dedicated to the fight against corruption (2009-)
  • Chair, Bar Issues Commission (BIC), International Bar Association (IBA) (2010-)
  • Vice-Chair, Anti-Corruption Committee, American Bar Association (ABA), Section of International Law (SILP) (2011-)
  • Canada Council Member to International Bar Association, Canadian Bar Association (CBA) (1995-)
  • Adjunct Professor of International Law, Osgoode Hall Law School (2003-)

Past

  • Past-Chair, BIC Policy Committee, IBA (2008-2010); Past Vice-Chair (2006-2008)
  • Past-Chair, International Sales Committee, IBA (2002-2004)
  • Past-Chair, Canada Law Committee, ABA SILP (2000-2002
  • Past-Division Chair, Comparative Law, ABA SILP (2002-2004)
  • Director, Toronto Children’s Aid Society; member, Audit Committee (1994-2000)
  • Past-Chair, International Development Committee, CBA (1996-1999)
  • Past-Chair, Anti-Corruption Task Force, CBA (1996)
  • Past-Chair, International Law Section, CBA (1993-1995)
  • Past-Chair, International Law Section, Ontario Bar Association (1991-1993)

Conférences

  • Program Co-Chair, "Professionalism in Practice for Business Lawyers: Conflicts of Interest, Law Society of Upper Canada, December, 2011
  • Speaker, "Innocent Dupes or Willing Participants", Ethics and Practice Management for the Cross-Border Law Practitioner, OBA, December, 2011
  • “Drafting Issues in International Joint Ventures:  A Look at Some of the Recent Drafting Issues in the Case Law”, Canadian International Lawyer, Vol. 8, No. 3, 2011
  • “The Lonely Lawyer and the Unifying Force of Bar Associations”, Newsplash, April, 2011
  • Panel Chair, Lawyer Liability, IBA Annual Conference, Vancouver, Canada, October, 2010
  • Panel Co-Chair, Canadian Investment in Latin America, IBA Annual Conference, Vancouver, Canada, October, 2010
  • Panel Chair, Crisis Management for In-House Counsel, Canadian Corporate Counsel World Summit, Toronto, Canada, September, 2010
  • Speaker, Report on Canada, IBA 8th International Anti-Corruption Conference, Prague, September, 2010
  • Program Chair and Speaker, No Longer All Quiet on the Anti-Corruption Front, International Law Section, Ontario Bar Association, September, 2010
  • Panel Co-Chair,  Code of Ethics, IBA Bar Leaders Conference, Santiago, Chile, April, 2010
  • Panel Chair and Speaker, CISG Drafting Issues for Commercial Lawyers and Litigators, American Bar Association, International Law Section, Miami, October, 2009
  • Program Chair, International Bar Association Annual Meeting, Madrid, October, 2009
  • Program Chair, Lawyers and the Financial Crisis, Bar Leaders Conference, Paris, May, 2009
  • Conference Chair and Speaker, 2nd Mitigating Risks in Doing Business with BRIC (Brazil, Russia, India & China), Federated Press, Toronto, May, 2009
  • Conference Chair and Speaker, 2nd Canadian Forum on Bribery and Foreign Corruption, American Conference Institute, Toronto, April, 2009
  • Program Chair and Speaker:  CISG Drafting Issues Concerning the Parol Evidence Rule, Ontario Bar Association, March, 2009
  • Program Chair:  Trading with the Enemy, International Bar Association, Buenos Aires, October, 2008
  • Guest Lecturer, Rotman School of Business, International MBA Program:  International Corruption, October, 2008
  • Radio Interview:  International Business Law, TorontoTalks, August, 2008
  • Speaker:  Transparency International Annual Symposium: “The Anatomy of Greed”, Toronto, June, 2008
  • Program Chair and Speaker:  Mitigating Risk in the BRIC, Federated Press, Toronto, May, 2008
  • Television Interview:  Business News Network, After Hours, Toronto, May, 2008
  • Chair:  Skills Transfer in Developing Jurisdictions, Bar Leaders Conference, Amsterdam, May, 2008
  • Program Chair and Speaker, Canadian Forum on Bribery and Foreign Corruption: Compliance and Enforcement”, American Conference Institute - Toronto; March, 2008
  • Panel Chair, Voluntary vs. Mandatory Bar Membership” , Bar Leaders Conference, International Bar Association - Mexico City; February, 2008
  • Author and Speaker, Managing Corruption Risk - A Commercial Lawyer's Primer” - OBA 2008 Institute Program, “International Legal Issues for Today's Business Lawyer: Challenges and Solutions” - Toronto; January, 2008
  • Speaker, “Report on Canada, Global Anti-Corruption Survey”, International Bar Association - Singapore; October, 2007
  • Panel Chair, Complaints Procedures:  “Model Guidelines for Bar Associations”, Bar Leaders Conference, International Bar Association - Zagreb, Croatia; May, 2007
  • Co-Chair, International Law Section Spring Conference, American Bar Association - Washington, D.C.; May, 2007
  • Speaker, “Anti-Bribery Threat Assessment”, TRACE International Workshop; 2005
  • Speaker, “A Preliminary Checklist for Lawyers Who Advise Exporters”, Conference on Advising the Small Business Exporter, Ontario Bar Association - Toronto; May, 2005
  • Speaker, “Finding Your Way Through Government Agencies - What You Need to Know”, Conference on Legal and Strategic Guide to Doing Business in China. The Canadian Institute - Toronto; April, 2005
  • Speaker, “Strategies for Drafting and Negotiating Agreements for the Sale of Goods to Customers - Directly and Through Distributors”, Conference on Negotiating and Drafting Major Commercial Transactions - Vancouver, April, 2005
  • Speaker, “Strategies for Drafting and Negotiating Agreements for the Sale of Goods to Customers - Directly and Through Distributors”, Conference on Negotiating and Drafting Major Commercial Transactions - Vancouver, April, 2005
  • Speaker, “Navigating Government Agencies, Conference on Legal and Strategic Guide to Doing Business in China” - The Canadian Institute, Toronto; April, 2004
  • Speaker, “Basics of International Agreements”, IBA Section on Business Law Training Course on The Fundamentals of International Legal Business Practice - Lagos, Nigeria; April, 2004
  • Speaker, “Chile-US Free Trade - A Primer on the Canadian Experience with Free Trade with The United States”, Conference on Chile-US Free Trade Agreement - Santiago, Chile; November, 2003
  • Speaker, “How to Hire and Fire Agents and Distributors in Canada”, American Corporate Counsel Association, San Francisco Chapter International Section Meeting; September, 2003
  • Speaker, “Multicultural Business Negotiations”, IBA World Women Lawyers Conference - London, England; July, 2003
  • Speaker, “Distributing Goods into the European Union”, York Technology Association, Peer-to-Peer Legal Counsel; January, 2003
  • “Internationalizing Standard Agency and Distribution Agreements, Drafting Essentials: How to Internationalize Your Commercial Contracts”, Canadian Bar Association (Ontario), Annual Institute; January, 2002
  • Corporate Obligations to Road Warriors, Insight Conference "Emergency Preparedness in the Workplace", Toronto; January, 2002
  • “Internationalizing Standard Agency and Distribution Agreements, Drafting Essentials: How to Internationalize Your Commercial Contracts”, Canadian Bar Association (Ontario), Annual Institute; January, 2002
  • “E-Commerce and Emerging Markets: Practical Approaches to Certain Pesky Contracting Issues”, Canadian Bar Association (Ontario), Annual Institute; January, 2001
  • “Typical Traps Lawyers Need to be Aware of When Acting on International-Related Matters: How to Safeguard Your Reputation and Remain in Good Standing with the Law Society”, Canadian Bar Association - Toronto; December, 2000
  • “Practical Issues in Pre-Delivery and Post-Delivery Inspections in the International Sale of Goods”, American Bar Association, Section on International Law and Practice - New Orleans; November, 1999
  • “Kaboom!! How to Blow All Your Profits Using Crummy Contracts on the Internet (and Some Ways To Avoid Doing So!)”, E-Commerce in the New Millennium, Osgoode Hall Law School of York University - Toronto; October, 1999
  • “Tips and Traps - How to Avoid the Asset Deal from Hell in Canada”, International Bar Association - Barcelona, Spain; September, 1999
  • “Shrinkwraps, Clickwraps, Webwraps - Current Contract Issues in Canada”, Electronic Commerce Symposium, Osgoode Hall Law School; May, 1999
  • “Few Key International Contract Issues Which Arise Out of the Internet, Commerce on the Internet”, Osgoode Hall Law School; November, 1998
  • “How to Spot Current Frauds in International Business”, Hong Kong-Canada Business Association; October, 1998
  • “How to Locate and Validate Good Foreign Legal Counsel”, Canadian Institute, Toronto, 1997
  • "Compliance with Laws Clauses in International Contracts”, Canadian International Lawyer 1997 - Pre- and Post-Delivery Inspection Clauses in the International Sale of Goods, International Bar Association - New Delhi, India, 1997
  • International Sales Agreements Training Seminar, Canadian Bar Association/All China Lawyers Association - Beijing, 1996
  • “Sellers' Remedies for Non-Payment of Perishable Goods in Canada”, International Bar Association - Melbourne, 1994
  • “Legal Developments” - Canada, International Sales Quarterly (1994)
  • “Drafting an Export Sales Agreement”, Canadian Corporate Counsel (1994)
  • “Negotiating Key Issues in International Licensing Agreements”, Conference on Technology, Economy and Law -  Beijing, China, 1994

Publications

  • Author, Charitable Work in Difficult Countries - A Few Pointers on Corruption Law, Miller Thomson Charities and Not-For-Profit Newsletter (October, 2009)
  • Author, Charitable Work in Difficult Countries - A Few Pointers Regarding Export Control Laws, Charities and Not-For-Profit Newsletter (September, 2009)
  • Author, Exporters Take Note - Anti-Corruption Law Gets Teeth , Recent Developments - Business Law in Canada (Winter 2009)
  • Case Comment: All Quiet on the CISG Front - Giuliani v. Invar Manufacturing, the Battle of the Forms, and the Elusive Concept of  Terminus Fixus, Canadian Business Law Journal, Fall 2008 (James M. Klotz, Antonin Pribetic, Peter Mazzacano)
  • Author, Canada's New Lobbying Act - Part 2: The End of Commission Sales?, TRACE International Bulletin, Fall, 2008
  • Author, Canada's New Lobbying Act - Part 1: The End of Commission Sales?, TRACE International Bulletin, Summer, 2008
  • Author, Canadian Companies Do Pay Bribes, The Lawyers Weekly, May, 2008
  • Author, Confronting Corruption: The Business Case for an Effective Anti-Corruption Program”, Price Waterhouse Coopers International; March, 2008
  • Author, Facing Corruption in Overseas Procurement; “Compliance, Due Diligence, or Consequences” Canadian Institute Conference on Procurement; - Ottawa and Vancouver; January, 2007
  • Author, “Specialized Commercial Due Diligence on Canadian Companies that Export”, Lawyers Weekly; October, 2006
  • Author, Not Seeing is No Defence”, CA Magazine; October, 2006
  • Author, “Drafting Dispute Resolution Clauses in International Sales Agreements”, New Jersey Lawyer Magazine; August, 2006
  • Author, “Taking on New Foreign Clients” - Caution Required. The Lawyer's Weekly; April, 2005
  • Author, “Taking on New Foreign Clients” - Caution Required. The Lawyer's Weekly; April, 2005
  • Author, “The China Factor and the Inevitable Reduction in our Standard of Living” - National Post; October, 2004
  • Contributing Author: “ABA Guide to International Business Negotiations”, 2nd Ed. (Chapter 4 - Current Issues in Negotiating International Sales over the Internet), ABA Publishing, Chicago; 2000
  • “Confidentiality Agreements - Some Finer Points”, Canadian International Lawyer, Vol. 4, No. 3
  • “When is an International Distribution Agreement in Danger of Being a Franchise Agreement?” Canadian International Lawyer, Vol. 4, No. 2 (2001)
  • “Some Common International Contracting Issues on the Net”, Canadian International Lawyer; 1999
  • “Crafting the Limitation of Liability Clause”,  Canadian International Lawyer; 1999
  • “The Sweatshop Predicament for Canadians”; Globe and Mail; June, 1998
  • “Addressing the Sweatshop Predicament”, Canadian International Lawyer; 1998
  • “Critical Review of the ICC Model International Sale Contract”, International Contract Adviser; 1998
  • “Control, Management, and Division of Responsibilities in International Joint Ventures” - Basic Nuts and Bolts,  Canadian International Lawyer; 1997
  • “The CISG - Application and Contract Drafting in Light of its Contract Formation Rules”, Canadian International Lawyer (1997)
  • “How to Be a Whiz with the CISG”, Canadian Bar Association (Ontario), Annual Institute, January, 1997
  • “How to Be a Whiz with Trade Terms”, Canadian Bar Association (Ontario), Annual Institute, January, 1997
  • “Bribery in International Business - A Necessary Evil or Good Business?”, Canadian Corporate Counsel, 1996
  • “Dispute Resolution in International Sales Agreements”, Canadian International Lawyer (1995)
  • “Pitfalls of Doing Business in China”, Canadian Bar Association (Ontario), November, 1995
  • “Payment By Letter of Credit in International Sales Agreements”, Canadian International Lawyer (1995)
  • “Bribery of Foreign Officials - A Call for Change in the Law in Canada”, Canadian Bar Review (1994)
  • “Delivery Clauses in International Sales Agreements”, Canadian International Lawyer (1994)
  • “Negotiating an Export Transaction”, Continuing Legal Education, Canadian Bar Association, 1994
  • “Legal Aspects of International Business”, World Trade Centre, Export Certificate Program (April, 1994)

Published Works

  • Contributing Author:  “ABA Guide to International Business Negotiations” (3rd Ed. ABA Publishing, Chicago, 2009)
  • Contributing Author:  “International Public Procurement- A Guide to Best Practices” (Globe Business Publishing, London, 2009)
  • Author, Power Tools for Negotiating International Business Deals - 2nd edition, (Kluwer Law International, New York, 2008)
  • Author, International Sales Agreements: A Drafting and Negotiation Guide - 2nd edition, (Kluwer Law International, New York, 2008)
  • Contributor, Investing Across Borders 2010, The World Bank Group, New York, 2010

Spécialités

  • Transactions transfrontalières et approvisionnement international
  • Distribution et vente de biens
  • Conformité à la loi contre la corruption

Admission au Barreau

  • England & Wales Bar, 1989
  • Ontario Bar, 1984