Biography
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. Mr. Klotz represents Canadian and multinational enterprises in all areas related to international business transactions, including: Mergers, Acquisitions, Agency and Distribution, Corporate and Commercial law, and International Procurement. To date, Mr. Klotz has been involved in international transactions in 108 countries. His clients include a broad spectrum of Canadian and multinational enterprises from technology to heavy industry. He has Martindale-Hubbell's highest rating, AV.
Mr. Klotz has written several books on international business law for both lawyers and business persons, including "Power Tools for Negotiating International Deals" (2nd edition, Kluwer International, 2008), and "International Sales Agreements: A Drafting and Negotiation Guide" (2nd edition, Kluwer International, 2008). He has also taught business courses on strategy and international risk management at the University of Toronto and at the LL.M. Specialist Course in International Business Law at Osgoode Hall Law School, where he has been an Adjunct Professor of International Law. Mr. Klotz is also fluent in conversational French and Mandarin Chinese.
Year of call
Called to the Ontario Bar, 1984
Called to the England & Wales Bar, 1989
Additional information
PUBLICATIONS – Articles and other
· Program Chair and Speaker: CISG Drafting Issues Concerning the Parol Evidence Rule, Ontario Bar Association, March 10, 2009.
· Case Comment: All Quiet on the CISG Front - Guiliani 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)
· 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
· Canada's New Lobbying Act – Part 2: The End of Commission Sales?, TRACE International Bulletin, Fall, 2008
· Radio Interview: International Business Law, TorontoTalks, August 4, 2008
· Canada's New Lobbying Act – Part 1: The End of Commission Sales?, TRACE International Bulletin, Summer, 2008
· Speaker: Transparency International Annual Symposium: "The Anatomy of Greed", Toronto, June 12, 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
· Canadian Companies Do Pay Bribes, The Lawyers Weekly, May, 2008
· Canadian Forum on Bribery and Foreign Corruption: Compliance and Enforcement”, American Conference Institute - Toronto; March, 2008
· Confronting Corruption: The Business Case for an Effective Anti-Corruption Program”, Price Waterhouse Coopers International; March, 2008
· Voluntary vs. Mandatory Bar Membership” , Bar Leaders Conference, International Bar Association - Mexico City; February, 2008
· 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
· “Report on Canada, Global Anti-Corruption Survey”, International Bar Association - Singapore; October, 2007
· Chair, Complaints Procedures: “Model Guidelines for Bar Associations”, Bar Leaders Conference, International Bar Association – Zagreb, Croatia; May, 2007
· Co-Chair, International Law Section, American Bar Association - Washington, D.C.; May, 2007
· Facing Corruption in Overseas Procurement; “Compliance, Due Diligence, or Consequences” Canadian Institute Conference on Procurement; - Ottawa and Vancouver; January, 2007
· “Specialized Commercial Due Diligence on Canadian Companies that Export”, Lawyers Weekly; October, 2006
· Not Seeing is No Defence”, CA Magazine; October, 2006
· “Drafting Dispute Resolution Clauses in International Sales Agreements”, New Jersey Lawyer Magazine; August, 2006
· “Davis Anti-Bribery Threat Assessment”, TRACE International Workshop; 2005
· “A Preliminary Checklist for Lawyers Who Advise Exporters”, Conference on Advising the Small Business Exporter, Ontario Bar Association - Toronto; May, 2005
· “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
· “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
· “Taking on New Foreign Clients” - Caution Required. The Lawyer's Weekly; April, 2005
· “The China Factor and the Inevitable Reduction in our Standard of Living” - National Post; October, 2004
· “Navigating Government Agencies, Conference on Legal and Strategic Guide to Doing Business in China” - The Canadian Institute, Toronto; April 2004
· “Basics of International Agreements”, IBA Section on Business Law Training Course on The Fundamentals of International Legal Business Practice - Lagos, Nigeria; April, 2004
· “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
· “How to Hire and Fire Agents and Distributors in Canada”, American Corporate Counsel Association, San Francisco Chapter International Section Meeting; September, 203
· “Multicultural Business Negotiations”, IBA World Women Lawyers Conference - London, England; July,2003
· “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
· “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)
· “E-Commerce and Emerging Markets: Practical Approaches to Certain Pesky Contracting Issues”, Canadian Bar Association (Ontario), Annual Institute; January 2001
· 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
· “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
· “Some Common International Contracting Issues on the Net”, Canadian International Lawyer; 1999
· “Crafting the Limitation of Liability Clause”, Canadian International Lawyer; 1999
· “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
· “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
· “CISG W3 Database”, Pace University School of Law; 1998
· “Control, Management, and Division of Responsibilities in International Joint Ventures” - Basic Nuts and Bolts, Canadian International Lawyer; 1997
· “How to Locate and Validate Good Foreign Legal Counsel”, Canadian Institute, Toronto; 1997
· "Compliance with Laws Clauses in International Contracts”, Canadian International Lawye1997 - Pre- and Post-Delivery Inspection Clauses in the International Sale of Goods, International Bar Association - New Delhi, India, 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
· International Sales Agreements Training Seminar, Canadian Bar Association/All China Lawyers Association - Beijing, 1996
· “Annotated Precedents - Dispute Resolution in International Sales Agreements”, Canadian International Lawyer (1995)
· “Pitfalls of Doing Business in China”, Canadian Bar Association (Ontario), November, 1995
· Annotated Precedents – “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)
· Annotated Precedents – “Delivery Clauses in International Sales Agreements”, Canadian International Lawyer (1994)
· “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
· “Negotiating an Export Transaction”, Continuing Legal Education, Canadian Bar Association, 1994
· “Legal Aspects of International Business”, World Trade Centre, Export Certificate Program (April, 1994)
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