In today’s world, business is international. The number of U.S. companies exporting products and engaging in foreign operations continues to grow. In addition, foreign companies continue to invest heavily in the U.S. and to rely on U.S. consumers to purchase their products. The nature of today’s economy has made it necessary for companies to operate in foreign markets, and manufacture and sell goods and services worldwide.
Our expertise in business law has enabled us to support both U.S. and foreign companies seeking to play a more aggressive role in the international marketplace. Through our ongoing involvement in our clients’ international growth and through our affiliations with prestigious law firm networks, we have assisted clients with transactions in more than 40 countries.
Many of our U.S. clients pursue opportunities in Canada, Europe, Asia and other parts of the world. We assist them with identifying capital and strategic partnership opportunities. We also guide them in establishing foreign entities, manufacturing facilities and distribution channels. Our attorneys assist clients in understanding the specific laws and customs that control how business is conducted in other countries. With cooperation and assistance from our network of local counsel, we are able to explain not only legal considerations, but also the cultural challenges our clients will face.
In addition to helping U.S. companies penetrate foreign markets, we support foreign companies looking to establish U.S. operations. The U.S. offers lucrative markets, abundant capital and attractive acquisition opportunities. Americans spend vast sums on every kind of product and service, which creates rich opportunities for foreign business expansion here. Moreover, many U.S. companies are candidates for acquisitions by foreign companies that are seeking to capture existing markets, or to acquire U.S.-based research and development, manufacturing or distribution capabilities.
Phillips Lytle is headquartered near a major international border.
While maintaining a dominant presence in New York State, we continue to build on our global connections. Phillips Lytle belongs to a league of international lawyers, an international affiliation of corporate law firms and attorneys who collaborate and provide assistance to meet their clients’ needs virtually anywhere in the world. Our reach, when complemented by this international resource, gives our clients access to markets in these and other countries:
||United Arab Emirates
Phillips Lytle is a full-service law firm. The following list highlights just some of the services we offer to our international clients:
Venturing alone in unfamiliar territory can spell disaster for any company. We help our clients set up joint ventures with financial and strategic partners in order to reduce risk, increase productivity and realize synergies. Our attorneys have represented clients in the formation of joint ventures in Canada, China, Germany, Ireland, Italy, Luxembourg, Mexico and the United Kingdom, among others.
We assist borrowers and lenders in capitalization and financing matters. With the globalization of financial services and products, we routinely assist U.S. companies to secure financing from foreign banks and assist foreign banks in financing transactions involving U.S. companies. Examples include representation of a foreign bank in connection with a $20 million increase in a credit facility secured by U.S. assets, and representation of a foreign bank in the purchase of $500 million in listed equity securities held by a Cayman Island-based investment fund.
We advise our clients on the unique environmental laws of countries in which they plan to operate. We conduct cost-benefit analyses for setting up operations and we assist them in compliance matters. We also advise foreign companies with U.S. operations on domestic environmental standards, and represent them in matters before regulators and the courts.
Cross-Border Tax Issues
We evaluate the tax implications of setting up foreign subsidiaries, and represent our clients before regulatory bodies. We also advise foreign individuals and companies on U.S. tax laws, and represent them before federal, state and local taxing authorities.
Cross-Border Securities Claims
Our attorneys have extensive experience representing companies in securities-related lawsuits and arbitration proceedings.
Licensing and Worldwide Distribution Agreements
We create licensing agreements between our clients and foreign distributors and partners. One recent agreement was for a client’s sale of medical products in Europe, Australia, Japan and South America.
Mergers and Acquisitions
Our attorneys handle numerous acquisitions and divestitures for manufacturers, service providers, financial institutions, technology firms, emerging companies and closely held businesses. We have been involved in mergers and acquisitions of U.S. companies with operations throughout the world, as well as companies domiciled in various countries around the world.
Financial and Banking Transactions
Our client roster includes numerous major foreign and domestic banks. We regularly handle loan transactions in which the borrower or guarantor is organized under the laws of a foreign country, and we represent foreign banks in U.S.-based transactions.
Our Intellectual Property Team has relationships with over 191 international law firms in 79 countries with whom we work on a routine basis. Through these relationships, we are able to facilitate international trademark and patent work in a timely and cost-effective manner. Therefore, we are able to register, protect and litigate our clients’ patent, trademark and copyright matters.
As a result of the strength in our Litigation and Trial Practice, our casework includes such matters as representing an Israeli bank in a U.S. estate claim, filing a breach of warranty action against an Italian printing press manufacturer, and representing a Canadian construction firm in arbitration over a U.S. project. We have also represented a U.K. company in New York litigation concerning projects in the Dominican Republic and the Middle East, and represented a German company in a product liability suit in New York.
Our attorneys assist companies in selecting the most appropriate business structure for their opportunities. We regularly represent foreign companies establishing U.S. subsidiaries. For example:
- We assisted a U.K.-based company in establishing an assembly facility in New York
- We set up a holding company for a Swedish bank
- We have been involved in forming companies and subsidiaries in the Cayman Islands, U.K., Mexico and the Philippines
- We were involved in establishing a holding company in Luxembourg for a parent company’s multinational subsidiaries
Cross-Border Venture Capital Transactions
We create agreements between our U.S. clients and foreign investors, help our U.S. clients deliver capital to their foreign subsidiaries, and help foreign companies receive investments from other countries.
In the U.S., we assist clients with border issues involving admission into the United States, and preparing and filing all employment-based applications, including H-1B (specialty occupations), L-1 (intracompany transferees), and TN (Trade NAFTA professionals) applications. Phillips Lytle has formed a unique alliance with Serotte Scarborough & Associates to guide clients through the complex maze of U.S. and Canadian immigration. Internationally, we work with our affiliates to hire foreign workers and to relocate company employees to offices and subsidiaries in other countries.
Here is just a sampling of the international clients we’ve had the pleasure of representing:
- Columbus McKinnon Corporation
- Conax Buffalo Technologies
- CurOzone USA, Inc.
- Hatch Mott MacDonald
- IMMCO Diagnostics Inc.
- National Bank of Canada
- Sinclair Technologies Inc.
- Sutherland Global Services Inc.
- Swedbank (FöreningsSparbanken AB)
- Torrid Oven, Inc.
- UBU Sports
- ?What If! USA
Since 1989, Phillips Lytle has hosted several law students from a number of countries. These students gain valuable hands-on experience with respect to U.S. law and U.S. business operations, while providing the firm with opportunities to continue building relationships with international law firms.