Nearly every US in-house counsel has faced the task of tackling an impending overseas deal when only US State law governed terms are at hand.
Often, there is an overwhelming desire to use what you have. You have invested time in these terms, you understand their structure and where you would concede on them. What's more, they are based on your home law. If you get embroiled in litigation, it is not far to travel to litigate in the Santa Clara County courts and you will be defending your position with California law and with terms you drafted.
However, if you use them abroad, are they enforceable?
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