INTERNATIONAL

FisherBroyles clients engaged in the global marketplace come to our lawyers for answers to questions arising from their cross-border activities.  Because our partners are selected for their experience in their fields, clients are confident that our lawyers can understand, explain and apply the rules governing the flow of capital, investment, goods, technology and services around the world.  Add to that the FisherBroyles difference – the instant response time, lowered overhead costs and ability to do business anywhere and anytime, and you have a winning combination.

Our attorneys provide an integrated services approach to international transactions.  Our compliance lawyers work in tandem with colleagues in mergers & acquisitions to provide seamless advice on complex issues and due diligence in transactional matters.  They also integrate with attorneys expert in regulatory issues that arise during negotiations and due diligence.  Cross-border product flows better with seamless integration among our attorneys.

We also represent clients in a broad range of international litigation and arbitration proceedings.  Our litigation and trial teams regularly represent foreign-based clients and their U.S. subsidiaries in litigation and arbitration matters filed here in the U.S., as well as multinational and domestic companies in litigation against foreign-based competitors, vendors, suppliers, and other third parties.  We handle a wide range of subject areas, including patent, trademark, and other intellectual property matters, unfair trade practices, contract disputes, and employment litigation, and are adept at navigating the procedural and legal requirements for international jurisdiction, service abroad, cross-border discovery, enforcement of judgments, and forum selection.

We are able to serve our clients from multiple offices across the U.S. and have formed cross-border alliances to meet our client needs in Europe, Latin America and Asia.  We support our U.S. clients doing business abroad and our foreign-based clients in the United States.

FisherBroyles’ experienced practitioners have the pedigree of years of working at the best-known global firms and large corporations dealing with cross-border transactions.  Many have practiced abroad, or represented or worked in-house for major multinationals.  Whether it is a known compliance issue or a new set of facts, FisherBroyles can assist its clients in bottom-line risk assessment, as well as the process of asking the right questions of the right overseas practitioners.  Our attorneys include specialists with extensive backgrounds in Europe and Asia.  Our international expertise includes the following areas:

INTERNATIONAL REGULATORY & COMPLIANCE

  • Foreign Corrupt Practices Act (FCPA), risk assessments and training programs
  • Foreign Sovereign Immunities Act (FSIA)
  • Import Regulation, Customs Classification, Origin, Valuation, Penalties, NAFTA, CAFTA, AGOA, TTIP, Australia, Singapore, South Korea free trade agreements
  • Import/Export Audits, Compliance Assessments, Compliance Programs
  • Export Administration Regulations (EAR) licensing, CCL classification
  • ITAR export licensing, manufacturing supply agreements, technology assistance agreements
  • Foreign Trade Zones (FTZ)
  • Office of Foreign Assets Controls (OFAC) licensing
  • Committee on Foreign Investment in the United States (CFIUS) disclosures
  • Data Privacy/Security/Cybersecurity
  • Regulation of Electronic Commerce
  • CPSC labeling/testing issues
  • UK Bribery Act risk assessments and training programs
  • Fish and Wildlife Agency issues (CITES, etc.)
  • Bank Secrecy Act risk assessments and training programs
  • Technology Registration Requirements
  • Food Safety Modernization Act (FSMA) verification programs (FSVP)
  • Anti-Money Laundering Issues
  • Luxury Goods Importing and Exporting
  • “Know Your Customer” due diligence for financial services institutions doing business with foreign corporations and individuals
  • Foreign Immigration (work & residency visas, green cards)
  • Jones Act regulations and litigation
  • Obtaining Bayh-Dole US Manufacturing Waivers from federal agencies including NIH, Dept of Energy and Dept of Defense
  • Gray market goods enforcement
  • Registration of trademarks with US Customs and Border Protection
  • Immigration issues arising from the purchase of U.S. real estate by a foreign citizen
  • Customs transfer pricing issues and valuation ruling requests
  • COGSA, INCOTERMS, FCPA/OECD, Import/Export Controls and Permits, OFAC, EAR, DDTC, ITAR, TWEA, FBAR

INTERNATIONAL ENERGY

  • Reconnaissance Agreements, Exploration Agreements, Development/Exploitation Agreements, Production Sharing Agreements

INTERNATIONAL TAX

  • Inbound and outbound tax issues
  • U.S. Income Taxation of foreign persons with U.S. source income (and vice versa)
  • Permanent establishments
  • Transactions involving intangibles
  • Post-BEPS issues
  • Interpretation and application of tax treaties

CONTRACT ISSUES:

  • Enforceability of Agreements under Foreign Law
  • Contracting Parties and Choice of Law
  • Remedies for Breach
  • Agreements to Arbitrate and International Arbitration
  • Language Requirements
  • Cross-border business transactions
  • Cross-border venture capital investments
  • International M&A transactions
  • International Franchising

TRANSACTION AREAS:

  • Private Fund Formation
  • Franchising
  • International Outsourcing
  • International Mergers & Acquisitions
  • Joint Ventures and Alliances
  • Distribution and Reseller Agreements
  • Sales Agents, Employees and Works Councils
  • Television/Film Digital Media Distribution and Licensing
  • Privacy/Technology Licensing
  • Technology Licenses and Transfers
  • Offshore Investment Vehicles
  • Manufacturing Supply Agreements
  • Representing foreign businesses opening up US branches
  • Assisting US companies expanding into foreign countries
  • NVOCC negotiations
  • Advising clients on enforceability of qualified financial contracts
  • Offshore wind energy projects

INTELLECTUAL PROPERTY:

  • International Patent Prosecution
  • International Trademark Registration
  • Patent Cooperation Treaty
  • Trademarks under Madrid Protocol
  • Direct National Trademark Filings
  • International Trademark/Patent Portfolio Management
  • International IP issues, such as land office, transfer pricing, contract negotiations
  • Commercialization/licensing of IP at foreign universities, patents, non-competes, trade secrets/confidentiality
  • (More information at the FisherBroyles Intellectual Property page )

EMPLOYMENT, BENEFITS & LABOR LAW:

  • Employment Agreements for foreign nationals
  • International Healthcare
  • Employee Investigations & Disciplinary Procedures
  • Employment Terminations & Redundancies
  • Collective Bargaining Agreements & Work Rules
  • Compensation & Benefits Plans
  • Expatriates & Third-Country Nationals
  • Company Hiring Practices
  • Reductions in Force
  • Assist multinational clients with coordinated labor and employment services

LITIGATION AND ARBITRATION:

  • Patent, Trademark, and Copyright Enforcement and Litigation
  • Trade Secret Enforcement and Litigation
  • Unfair Competition, Trade Practices, and Antitrust
  • Breach of Contract Litigation and Arbitration
  • International Antisuit Injunctions
  • Service of Process and Discovery Abroad
  • Jurisdictional Determinations
  • Forum Selection
  • International Litigation/Arbitration of global price-fixing cases
  • Oil spill litigation
  • Dispute resolution/arbitration before The Hague; OPIC Insurance

REPRESENTATIVE MATTERS AND REPRESENTATIONS:

  • Import pre-audit review for large multinational making consumer and medical device products in factories in the U.S., Mexico, China and Australia, and defense of company practices during Customs audit, including prior disclosures and negotiation of audit report results
  • Litigation of terrorism-related claims before the Foreign Claims Settlement Commission
  • Successful negotiation with FTC enforcement office to cancel marking notice and penalty, avoiding exclusion and demand for marking of imported gloves under the Wool Products Labeling Act
  • Litigation of patent infringement claims against European-based multinationals
  • Drafted and implemented a Foreign Corrupt Practice Act and U.K. Bribery Act Compliance & Training program for a global medical device company
  • Counsel to and Member of the Investor Advisory Board of the MedTech Investing Europe, the oldest med-tech venture conference in Europe; Speaker at most recent MedTech Investing conference
  • Successfully litigated unfair trade practices claims against major European and Japanese competitors of U.S.-based multinational
  • Advised a global mining company on third-party due diligence and conducted management employee and agent database training for the client’s global operations
  • Invited speaker at Corporate Venturing Unit of the European Venture Capital Association Summit
  • Successfully defended Brazilian manufacturer in an industry wide antitrust investigation headed up by United States Department of Justice.
  • Successfully litigated trademark and related claims for U.S. client against Canadian joint venture partner
  • Export compliance review including CCL classification and procedural recommendations for Fortune 100 company (and associated voluntary disclosure)
  • Represented a client in a Federal Corrupt Practices Act (FCPA) investigation where they received information that the company’s raw material broker was possibly involved in kickbacks from suppliers located in Central and South America
  • Obtained foreign antisuit injunction from U.S. federal court against Japanese defendant barring enforcement of clawback rights in Japan in response to U.S. judgment
  • Expedited litigation in Court of International Trade regarding classification of shelf bra camisoles where trial was held four months after exclusion of goods
  • Managed CFIUS disclosure process for over 20 foreign acquisitions of U.S. businesses
  • Represented Mexican-based OEM in patent litigation against U.S. automobile manufacturers
  • Managed voluntary disclosures to OFAC and Commerce Department resulting in no-action decisions for violations of Iran sanctions regulations and EAR
  • Licensed sale of biopharmaceutical manufacturing technology to Iran under OFAC specific license
  • North American counsel to one of the world’s largest visa administration outsourcing companies