For more than 35 years, Eric Rose has concentrated his practice in the global aspects of business development, specifically including mergers, acquisitions, privatizations, technology transfers, antitrust counseling, and domestic and international commercial transactions. Mr. Rose has served in several senior in-house counsel positions at leading companies such as American Standard, Tyco Toys, and John Deere. Since 2003, he has been in private practice, representing mid-tier domestic and international equipment manufacturers in the defense, natural resources, and service industries. Mr. Rose has led mergers and acquisitions and other complex transactions in the U.S. and more than two dozen countries on five continents. These representations have included the organization and strategic direction of manufacturing and/or distribution subsidiaries. Mr. Rose is fluent in French and Romanian.
Practice Areas
Representative Matters
- Led tender offers in the United States, France, Thailand, and Germany, including securities filings
- Negotiated and drafted documentation for share acquisition/sale transactions, including the formation/dissolution of joint ventures, in the United States, Australia, Belgium, Brazil, Bulgaria, Canada, Chile, China, France, Germany, Greece, India, Indonesia, Ireland, Israel, Italy, Japan, Lebanon, Mexico, Netherlands, Peru, Philippines, Russia, Singapore, Spain, Sweden, Thailand, Turkey, and the United Kingdom.
- Negotiated and drafted assets and related liabilities purchase/sale agreements in several countries, including those listed above, as well as in Argentina, Colombia, Costa Rica, Dominican Republic, Myanmar, Malaysia, Pakistan, Portugal, Romania, South Africa, Venezuela, and Vietnam.
- Represented major American corporations in privatizations in, among other countries, Bulgaria and Poland, as well as in partnerships with state and local governments in several countries, including the U.S., Thailand, and Vietnam.
- Corporate restructurings, including tax reorganizations and technology transfers
- Negotiated and drafted bank and private equity multi-currency, multi-option credit agreements with several leading international and American banks which resulted in substantial savings in the borrowing rate, increased flexibility in the use of the facilities, and enhanced opportunities for global money management.
- Negotiated and drafted complex financing facilities in several countries, including public and private offerings, acquisition/resale of Brady bonds, debt-to-equity and sale/leaseback financing, which have yielded material enhancements of the creditworthiness of the clients.
- Negotiated and drafted multiple technology transfer agreements, which expanded clients’ revenue streams, as well as opened new opportunities for sales of its products.
- Developed compliance procedures on international antitrust, export controls, International Traffic in Arms Regulations (ITAR), Committee on Foreign Investment in the United States (CFIUS), anti-boycott rules, World Trade Organization, North American Free Trade Agreement (NAFTA), foreign procurement practices and trade barriers.
- Designed and implemented contract management, corporate governance procedures and the Foreign Corrupt Practices Act (FCPA) compliance programs, including seminars to senior management as well as operating personnel.
- Drafted, and counseled the implementation of global human resource manuals and compliance functions for several clients, in the U.S. and internationally.
- Domestic and international commercial transactions
- Negotiated numerous commercial purchasing and sales transactions, in more than forty countries.
- Designed and implemented complex sales and purchasing policies, including drafting the related documentation (e.g., purchase orders, acknowledgment receipts, warranty terms), including web-based solutions.
- Developed the strategy of an American corporation entering Myanmar in the 1990s. Advised several companies on their Myanmar trade compliance. Designed and implemented reporting requirements policies. Contract drafting and negotiation for the sale of products and services in Myanmar. Led Herzfeld and Rubin’s Yangon office for five years, while advising clients about U.S., E.U. and Australian sanctions compliance. Assisted clients in securing the Office of Foreign Assets Control (OFAC) licenses in record time.
- Developed and implemented complex ADR programs, and participated in mediations, arbitrations, and similar activities
Publications
- Investing in Myanmar: Balancing risk and reward (Part 2), Inside Counsel – May 22, 2014
- Investing in Myanmar: Balancing risk and reward (Part 1), Inside Counsel – April 14, 2014
- Spoiler alert: Myanmar is about to adopt IPR laws, Inside Counsel – March 31, 2014
- Inside: Investing in Myanmar and diving into a new labor pool, Inside Counsel – February 17, 2014
- Inside: Construction and infrastructure developments in Myanmar, boom or … boom? Inside Counsel -February 3, 2014
- Inside: Banking reform in Myanmar, Inside Counsel – January 20, 2014
- Investing in Myanmar: Practical “on the ground” advice, 5/2013 Thai-American Business 34 (2013)
- International Contractual Developments in Product Liability, 371 PLI/Lit 175 (1989)
- Third World Agricultural Development: A Proposal, 19 N.Y.U. Int’l L. & Pol. 63 (1986)
- The Japanese Industrial Policy Complex: An Appropriate Legal Model for the United States? 11 Brooklyn Int’l L.J. 239 (1985)
- The Granting and Suspension of Most-Favored-Nation Status to the Non-market Economy States: Policy and Consequences, 25 Harv. Int’l L.J. 329 (1984)
Affiliations + Recognition
- Past President, Iowa Society of Int’l Law and Affairs
- Past Chair, American Bar Association International TIPS Committee
- Past Program Chair, American Bar Association TIPS and Business Law Section
- Editorial Board, Iowa Law Review
- Editorial Board, ASILS International Law Journal
Speaking Engagements
- Speaker and moderator for several programs sponsored by the American Bar Association, Practicing Law Institute, U.S. Chamber of Commerce, American Chambers of Commerce, and other organizations.
- Organizer of the American Bar Association Global Product Liability Conference in Paris, France (1990)