Jim Chester Attorney

First Admitted: 1997, Texas

Professional Webpage: https://www.klemchuk.com/team/jim-chester

Bar/Professional Activity:

SMU Cox Teach business law course to graduate students, 2022
Chair, Entrepreneur & Innovation Commitee, EDCC (Dallas), 2014
Fellow, Dallas Bar Foundation, 2010
Fellow, Texas Bar Foundation, 2009
Chair, International Committee, IP Section - State Bar of Texas, 2013

Special Licenses/Certifications:

Licensed US Customs Broker, 2000
Certified Customs Specialist (CCS)

Pro bono/Community Service:

Member, Heath City Council, 2022
Member, EDC/MBC, City of Heath, Texas, 2021
Member, Parks Board, City of Heath, Texas, 2018
HOA President, The Ridge of Heath, 2016
Board of Directors, South Texas College of Law Alumni Association, 2009
Board of Directors, Housing Crisis Center of Dallas, 2008
President, Lakewood Neighborhood Association, 2004

Honors/Awards:

Alumni Ambassador, Texas A&M University - Commerce., Alumni Ambassador, Texas A&M University - Commerce, 2018
Selected to the "Best Lawyers in Dallas" list by D Magazine., Best Lawyers in Dallas, D Magazine, 2014
College of the State Bar of Texas, Member, Member, Texas Bar College, 2004
A/V Preeminent Peer Review Rating, Martindale-Hubble, 2010

Educational Background:

B.S., Magna Cum Laude, Economics & Political Science, Texas A&M University, Commerce, 1994
LL.M - International Economic Law, University of Houston Law Center, 2000

White Papers:

Key elements and considerations for negotiating and developing a software reseller agreement., Checklist for Software Reseller Agreements, Technology, Software, 2020
Intellectual property due diligence investigations should be conducted by a party any time a merger, acquisition (“M&A”) or investment is being considered. Intellectual property due diligence involves the gathering of information on the target party’s assets and liabilities, in order to assess the merits and risks of the transaction. One of the most important assets of the target party may be its intellectual property. These intellectual property assets could include patents, trademarks, trade dress, copyrights, trade secrets, and domain names. , Intellectual Property Due Diligence in Mergers & Acquisitions, Acquire, Acquisition, And Portfolio, Assets, Business, Buyer, Company, Copyright, Divest, Due Diligence, Intellectual Property Due Diligence, IP Due Diligence, M&A, Merger, Merger And Acquisition, Ntellectual Property, Patent, Seller, Target, Trade Dress, Trade Secret, Trademark, Transfer, 2012
Conducting business in the modern global economy offers great rewards, but involves risks, as well. Although companies can take a number of precautions to limit their risks in international business transactions, the primary legal tool for such purposes is the international business transaction agreement or contract. Examples of international business transaction agreements include: international sales contracts, international distribution agreements, supply agreements, intellectual property licenses, franchise agreements, development agreements, investment agreements, letters of credit, joint venture agreements, and others, as well as hybrids and combinations of these agreements. Keywords: Dallas International Lawyer, international business, international sales, international contract, international business transaction, international business agreement, contract, sale, buy, sell, import, export, FCPA, ITAR, international transaction, agreement, supply, supplier, vendor, customer, foreign, venture, world, trade, globe, global. , International Business Transactions, Agreement, Buy, Contract, Customer, Export, FCPA, Foreign, Global., Globe, Import, International, International Business, International Business Agreement, International Business Transaction, International Contract, International Sales, International Transaction, ITAR, Sale, Sell, Supplier, Supply, Trade, Vendor, Venture, World, 2012

Scholarly Lectures/Writings:

Recent Speeches: “Keys to Int’l Trade Compliance,” Inst. Supply Chain Mgmt. (San Antonio) 2008. “Export Controls and Technology,” DBA Computer Law Section 2008. “Legal Aspect of Int’l Trade,” Ft. Worth Int’l. Center 2008. “Financing Int’l Trade,” Ft. Worth Int’l. Center 2008. “Keys to International Trade Compliance” Inst. Supply Chain Mgmt. (Wichita, KS) 2008 “Overview of IP Law,” PRO Dallas 2007. “Overlap between IP and Trade Law,” DBA Computer Law Section 2006. “Role of Attorneys in International Transactions,” Foreign Trade Inst. 2005. "Foreign-Trade Zones," Dallas Economists Club 2004. “Overview of U.S. Customs Law,” DBA Small Firm/Solo Section 2004. "Managing the Broker/Importer Relationship," NTCBFFA Conf. (Dallas) 2003. “Export Controls,” NAFTZ Conf. (Puerto Rico) 2000. “Legal Implications of Doing Business with the U.S.” U.S. Trade Mission (Taiwan) 1999. Recent Publications: “Chester’s Practical Guide to Trade Regulation” (publication pending). “Protecting Intellectual Property” eSide Supply Management (Fall 2008). “Writing Int’l v. Domestic Contracts,” eSide Supply Management (Fall 2008). Editor-In-Chief, CHESTER’s World of Innovation & Trade Law (2003-present). “Convergence of IP and International Trade Law,” (Natl. Law Jrnl. 2005). “Case Study: Potential Trademark Infringements” (Jrnl. of Bus. & Econ. Res., 2005) ”In the Zone: Creating Profits Savings Using FTZs,” (Texas Lawyer, July 4, 2005). International Trade Law: A U.S. Perspective (Baylor Law School textbook 2003). Customs Broker Exam Review Manual (2002). Property Tax Implications for Subzones in Texas under the FTZ Act of 1934 (2000)., Presenter, Contractual Breach and COVID-19, Rossdale CLE, Technology, Retail, Manufacturing, Distributors, Software, Consumer, Services, 2020
Summary of the recently-enacted PRO-IP law and strategies for using the law to protect and enforce IP rights., Author, Businesses Can USe PRO-IP to Target Counterfeiters, Texas Lawyer, Business, Corporate Counsel, Inellectual Property, International, 2009
Article comparing the key distinctions between domestic and international sales contracts., Author, Apples to Manzanas: Comparing Domestinc and Intrnational Contracts for the Sale of Goods, eSide Supply Chain Management, Logistics, International Trade, 2009
Presentation regarding legal issues involved in financing international transactions., Speaker, Legal Issues in International Finance, TCC Small Business Development Center, Business, International, 2009
Speech concerning issues and strategies related to protecting and enforcing intellectual property rights in international business., Speaker/Presenter, Protecting IP in International Trade, Texas Bar Association - Annual Meeting, International Law Section, 2009
Speaker at 47th annual IP law conference., Speaker, Protecting IP in International Trade, Center for American & International Law, Intellectual Property, International, 2009
Co-presented speech on "Implementing an Effective FCPA Compliance Program," for TMCP annual symposium., Speaker, Implementing an Effective FCPA Compliance Program, Texas Bar Association, Texas Minority Counsel Program, 2010
“The Intersection of International Trade and Exhaustion of IP Rights: Can Gray Market Goods Still be Imported?”.The recent decision from the 9th Circuit in the Omega, S.A. v. Costco Wholesale Corp. case brings this issue to the forefront. Roundtable discussion explored whether manufacturers can protect their domestic markets and distribution channels by invoking protection under the U.S. Copyright or Patent Acts and whether retailers and purchasers of foreign goods can ensure that the merchandise acquired from secondary markets do not infringe a U.S. copyright or patent., Facilitator, The Intersection of International Trade and Exhaustion of IP Rights: Can Gray Market Goods Still be Imported?, American Bar Association’s Intellectual Property Litigation Roundtable, 2011
As the economy slowly recovers, merger and acquisition (M&A) activity is expected to increase. With the revival of M&A activity, many companies and their lawyers have become, or soon will be, immersed in “due diligence” investigations of assets and liabilities to assess the merits and risks of a given transaction. These days, the most important group of assets of a target company is often its intellectual property (IP), which includes patents, trademarks, trade dress, copyrights, trade secrets, domain names and other proprietary information and materials. As such, IP due diligence has become a vital component of a pre-M&A investigation., Co-Author, "IP Due Diligence in Mergers & Acquisitions", Dallas Bar Association - HEADNOTES, 2010
Discussion of issued related to international IP protection and registration., Author, Don't Trip Up over TRIPS, The Oath Magazine, 2011
Discssusion of what companies should be aware of (possible pitfalls, legal issues, etc.) of starting their own eCommerce company, Author, eCommerce Law Mistakes/Pitfalls, 2011
“Protecting IP in International Markets,” Texas Bar Journal Vol 75, No, 7 (July 2012). “IP Due Diligence in Mergers & Acquisitions ,” (w/ Roxana Sullivan & Sita Desai) Dallas Bar Assoc. Headnotes (November 2010). Inside the Minds: Protecting IP Rights in International Business Transactions. 2011 ed. (West, Aspatore Books 2011)., Author (w/ Sophilia Hsu), Going Global: A Primer for Technology Companies, Currents: International Trade Law Journal, Law, International Business, 2013
Protecting IP in International Markets, Author, Protecting IP in International Markets, Texas Bar Journal Vol 75, No, 7, 2012
Author (w/ Roxana Sullivan & Sita Desai), IP Due Diligence in Mergers & Acquisitions, Dallas Bar Assoc. Headnotes, 2010
Author, Inside the Minds: Protecting IP Rights in International Business Transactions, West, Aspatore Books, 2011

Other Outstanding Achievements:

Adjunct Professor of Law, Baylor University Law School, Waco, Texas, 2000
Professor at SMU Cox School of Business, teaching business law and entrepreneurial law courses., 2019

Industry Groups:

Distribution
Ecommerce
Emerging Companies
Export
Franchises
Healthcare
Heavy Equipment
Hospitality
Import
Manufacturing
Municipalities
Natural Resources And Alternative Fuels
Restaurants
Retail/Mass Merchandising
Start-Up
Technology
Textiles
Trading Companies

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