Buchalter’s International Business & Trade Group recognizes a global economy, confronts our clients with both compelling opportunities and daunting challenges. To capitalize on the opportunities and overcome the challenges our clients must manage their businesses from both a local and global perspective. We bring a combination of expertise, insight and practical experience to our international practice, offering cutting-edge solutions that assist clients to sustain and enhance their competiveness in an ever-changing world.
Our counsel and advocacy help our clients navigate through complex legal requirements in transactions involving private parties, as well as the U.S. and foreign governments. Our broad spectrum of services include the planning of international corporate structures and the opening of foreign offices and manufacturing facilities; foreign company mergers, acquisitions and joint ventures; intellectual property protection, distribution and licensing programs; international marketing; business immigration; and a wide range of sophisticated trade and regulatory compliance counseling. We provide our clients, from start-ups to publicly-traded manufacturing and technology companies, with clear and creative solutions that best fit their objectives.
Our International Business and Trade services include:
International Operations
- Corporate structuring to maximize operational and tax efficiencies
- Formation of international affiliates and compliance counseling
- Offshore company formation and counseling
- Foreign company mergers, acquisitions and joint ventures
- Offshore manufacturing
- Social responsibility audits/compliance counseling
- Registration, protection and licensing of IP and trade secrets(including patents and trademarks, structuring transactions and licensing technology)
- Qualification for export tax incentives (e.g., IC-DISC formation and implementation)
Business Immigration
- Immigration planning for foreign work force, multinational executives and investors
- EB-5 visas
- Business immigration, with focus on specialty occupations (H-1B visas), institutions of higher learning, hospitals and clinics
Sales & Distribution
- Arranging investigative due diligence investigations of foreign sales reps and distributors
- FCPA & Export Controls compliance reviews
- Drafting international sales rep and distribution agreements compliant with local laws and regulations (e.g., EU, South America, Middle East, Asia)
Imports, Customs & Export Controls
- U.S. import and export law, Foreign Corrupt Practices Act, trade embargoes, antidumping, and anti-boycott regulations
- Analysis of foreign investment in the U.S. for compliance with the regulations of the Committee on Foreign Investment in the U.S. (CFIUS)
- Release of goods from U.S. Customs detention and seizure
- Defending customs audits, focus assessments and quick audits
- Classification of goods under the Harmonized Tariff Schedule, obtaining binding CBP rulings on classification, country of origin, and product marking
- Prior disclosures, liaison with U.S. Customs enforcement and export commodity classification
- Management of inventory in U.S. Customs bonded warehouses and FTZs
- Commercial export licensing under Export Administration Regulations
- Military export licensing under the ITAR
- Full range of export controls compliance advice, including export controls audits, establishing export controls compliance programs, and employee training
International Infrastructure & Government Contracting
- Legal Support for Foreign Project Development
- Consortium Agreements (among project partners – Design, Financing, and EPC)
- Foreign Concession Agreements (with foreign governments and agencies)
- Heavy Infrastructure, Energy, Petrochemical, Transportation
- Compliance with Foreign Laws and U.S. Federal acquisition regulations (FAR & DFAR)
- Subcontracts and IP protection (unlimited, limited & restructured rights, SBIR government purpose rights and commercial license rights)
- Identification and Protection of IP produced under U.S. government funding programs, such as SBIR, STTR, CRADA, and specific agency R&D programs
- Advice and compliance under the U.S. Foreign Agents Registration Act
International Dispute Resolution
- In coordination with other Buchalter litigation and dispute resolution practitioners in every office, the firm can help clients resolve nearly any dispute over a wide spectrum of international transactions and dispute resolution forums.
