tomfoxlaw.com

Challenge
A private aviation logistics entity was in the process of divesting itself of its subsidiary which specialized in software and maintenance and support services. In order to meet the seller’s stringent time schedule, the company had to facilitate pre-acquisition due diligence and corporate clean up, while leading the preparation and drafting of all sales documents.

Assistance Provided
tomfoxlaw.com provided the legal assistance to manage significant elements of due diligence and sale document drafting and preparation, which left the General Counsel free to manage the interaction with business team and to counsel the board of directors and senior executives.

Results
The company was able to complete the due diligence preparation and successfully coordinate all disclosures within the short time frame stipulated by the seller. A significant cost savings came from utilizing tomfoxlaw.com in lieu of relying on outside counsel.

Challenge
A US public entity, in the oilfield services industry, desired to enter into a manufacturing agreement with a Chinese entity in order to produce lower cost products for sale in the Asian market. In order to meet the parties’ stringent time schedule, the company had to complete pre-negotiation due diligence and prepare the required manufacturing and sales agreements. A major US based law firm had spent almost 6 months preparing contracts in excess of 200 pages all based upon US law. 

Assistance Provided
The principal of tomfoxlaw.com brought over 20 years of experience in the oil patch together with expericnece in oil field services and oilfield product manufacturing agreements to synthesize the issues involved and significantly pare down the contracts through a rigorous risk analysis. This analysis fully protected the company from unreasonable business risk while providing the flexibility to negotiate with the Chinese entity.

Results
The company was able to complete manufacturing agreement within two weeks. The company now has a low cost model of the product to market in the Asian oilfield services industry. A significant cost savings came from utilizing tomfoxlaw.com in lieu of the continued reliance on outside counsel.

Challenge
An international oilfield services enity  was in the middle of a claims dispute on an EPC contract with a value of more than $75MM, with a major National Oil Company. The claim involved multiple contracts and addenda, over multiple jurisdictions, with the laws of several different countries traversing the entire claim. The entity had multiple international law firms engaged to handle the matter.  

Assistance Provided
The principal of tomfoxlaw.com was brought in to the matter to analyze, provide management and lead the negotiations and handling of the claim going forward.  This included management of outside counsel and negotiations with not only the counter-party to the contracts in dispute but also the subcontractors involved in the matter. This left the General Counsel free to manage the interaction with and the counsel of the board of directors and senior executives on the dispute and its resolution.

Results
The company was able to resolve the claim sucessfully, with a significant payment by the National Oil Company of the dispute amount. The company obtained a significant cost savings in legal fees, a large payment from the National Oil Company and a timely resolution of the issue but continued good business relations wiht the National Oil Company.

Challenge
An international oilfield services entity was presented information of potential FCPA Compliance and internal Code of Conduct violations in the form of alleged bribery payments. The company was operating under a Deferred Prosecution Agreement for past FCPA violations so a thorough internal investigation coupled with a swift company resolution of the allegations was required.

Assistance Provided
The prinicipal of tomfoxlaw.com lead an investigation team of forensic auditors and US Department of Justice selected compliance counsel in an international investigation over multiple locations. He authored a complete and detailed investigation report which analyzed the facts under both the FCPA and internal company Code of Ethics to determine if a violation had occurred. This allowed the the General Counsel and Chief Compliance Officer a detailed record and recommendation from which they could implement the necessary disipline on the employess alleged to be involved in the conduct and to counsel the board of directors and senior executives.

Results
The company was able to present the report to the representatives of the Department of Justice to clear the company from any alleged FCPA violations. The company utilized the recommendations in the report regarding disciplinary actions to demonstrate an abiding commitment to ethics and compliance.

Challenge
An newly formed international oilfield services entity needed to create an export control program. The company was operating under a Deferred Prosecution Agreement for past FCPA violations and was under significant scrutiny to comply with all US laws so that a swift design, creation and implementation of an export control policy was required.

Assistance Provided
The prinicipal of tomfoxlaw.com authored an Export Compliance Manual for company wide use. In addition to the creation of this Export Control Manual, training was provided to key company employees worldwide on US export laws, anti-boycott laws and embargo controls on sanctioned countries. 

Results
The company was able to present the Export Control Manual and training program to the representatives of the Department of Justice who approved both the manual and training regimen.