International Practice

Expertise and Experience in Cross-border Business

As business is becoming more globalized every day, foreign markets are becoming more attractive to U.S. companies and foreign competition is becoming more intense. At the same time, the U.S. Government is enhancing enforcement of anti-corruption, anti-money laundering, and the trade laws governing imports and exports. In short, no company with cross-border operations can be immune from application of trade-related laws and regulations or can afford to ignore these laws. Thus, knowing and complying with the legal rules affecting international transactions have become a necessary element of corporate compliance, whether the company is involved in imports/exports or cross-border mergers & acquisitions, joint ventures, licensing agreements, agency or distribution contracts, or banking and financial transactions.

Offit Kurman lawyers have substantial experience and recognized expertise in a wide range of cross-border matters, and help individual and corporate clients minimize risk in virtually any kind of international transaction, whether involving exports, imports, distribution agreements, investments, or protection of intellectual property rights. We also help our clients mitigate exposure to liability relating to international transactions by conducting internal investigations, advising clients on strategies for voluntary disclosures, conducting training, and establishing or improving compliance programs. In short, our attorneys are capable of handling nearly every kind of cross-border transaction that your business might encounter or contemplate.

The following is a representative list of substantive international matters in which our attorneys are highly experienced:

I. INTERNATIONAL TRANSACTIONS

  • Cross-Border Mergers & Acquisitions
  • International Letters of Credit and Other Cross-Border Financial Instruments
  • International Joint Venture, Foreign Sales Agent and Distributor Agreements
  • Taxation (Personal and Corporate)
  • International Protection of Intellectual Property
    • Foreign Registration of Patents, Trademarks and Copyrights (through foreign counsel)
    • Attacking Infringing Imports (U.S. District Court litigation & Section 337)

II. INTERNATIONAL TRADE

Export Controls

  • Controls over exports, re-exports and "deemed exports" of goods, services and technology
    • Export Administration Regulations ("EAR") and
    • International Traffic in Arms Regulations ("ITAR")
  • Export Control Reforms (the process of consolidating the ITAR into the EAR)

International Government Contracting

  • Foreign Military Sales ("FMS") contracting
  • Foreign Military Financing ("FMF") contracting
  • Direct Commercial Contracts ("DCS")/Direct Commercial Sales ("DCS")
  • Trade Agreements Act, Buy American Act, Berry Amendment

Other Trade Issues

  • Incoterms (Terms of Trade, Passage of Title, Risk of Loss, etc.)
  • NAFTA and Other Free Trade Agreements
  • Customs and Harmonized Tariffs
  • Anti-Dumping and Countervailing Duty investigations
  • Country-of-origin marking

III. COMPLIANCE

Anti-Corruption and Economic Sanctions

  • Foreign Corrupt Practices Act ("FCPA")
  • Office of Foreign Asset Controls ("OFAC") sanctions
  • Anti-money Laundering, UK Bribery Act and other International Anti-corruption regimes
  • U.S. Anti-boycott rules

Visas and Immigration

  • H-1B and Other Special Nonimmigrant Visas
  • E-verify and I-129 Compliance

Compliance and Defense Against Government Investigations and Complaints

  • Establishing/Improving Compliance Programs
  • Conducting Compliance Training
  • Initiating Internal Investigations for Possible Violations of FCPA, ITAR, EAR, OFAC, Anti-Money Laundering rules, Employment laws
  • Strategies for Mitigating Risk through Voluntary Disclosures
  • Defending Individual and Corporate Clients Facing Government Investigations and Complaints

 

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