Today, business is increasingly operating in global markets and dependent on international supply chains. The number of U.S. companies exporting products and engaging in foreign operations continues to grow, while foreign companies continue to invest heavily in the U.S. and rely on U.S. consumers to purchase their products. The nature of today’s economy has made it necessary for organizations to operate in foreign markets, as well as to manufacture and sell goods and services worldwide. Our International Business Law attorneys provide the necessary expertise and guidance for clients to effectively transact international business while minimizing legal and regulatory risk. Our expertise in international business law has enabled us to support companies based in the U.S. and abroad as they operate more aggressively in the international business space. Through our ongoing involvement in our clients’ international growth, and our affiliations with prestigious law firm networks, we have been involved with international business transactions in more than 40 countries.
Many of our clients pursue opportunities around the world. We assist them in identifying capital and strategic partnership opportunities, and guide them in establishing foreign entities, manufacturing facilities, and distribution channels. Our International Business Law Team understands the specific international laws and customs that control how business is conducted in foreign markets. With cooperation and assistance from our network of international business lawyers, not only can we explain the nuances of international law, but also—importantly—the cultural challenges our clients may encounter.
In addition to helping U.S. companies penetrate foreign markets, we support foreign companies looking to establish or invest in U.S. assets and operations. The U.S. offers lucrative markets, abundant capital and attractive acquisition opportunities. Americans spend vast sums of money on every kind of product and service, creating rich opportunities for foreign business expansion into the U.S. Many U.S. companies are attractive candidates for acquisitions by foreign companies seeking to capture existing markets or acquire U.S.-based research, development, manufacturing or distribution capabilities.
Since 1989, Phillips Lytle has hosted law students from several different countries. These students gain valuable hands-on experience with respect to U.S. law and business operations, while providing the firm with opportunities to continue building relationships with international law firms.
Phillips Lytle is a member of LawExchange International, an association of independent international law firms covering the world’s commercial centers within Europe, North and South America, Asia/Pacific, Africa and the Middle East.
Because of our affiliation with this worldwide group of trusted legal advisors, we can provide invaluable knowledge regarding our client’s business interests in terms of navigating local laws, procedures, economic and business climates, cultures and politics in international markets.
Our attorneys provide counsel to our international business clients on a number of key issues.
Our team has an extensive and successful record advising Canadian businesses in establishing and developing U.S. operations. Thanks to our proximity to the Canadian border and our long history of advising Canadian clients, we are uniquely equipped to advise regarding U.S.-Canadian cross-border matters. Our experience ranges from customs matters and clearances, to immigration and visas, cross-border conflict resolution (through both litigation and arbitration), cross-border investment issues, trade development services and finance.
Learn MoreWe have experience guiding U.S. and non-U.S. companies on a wide variety of international trade matters, including with customs laws and regulations and international trade restrictions. Our clients trust us with matters ranging from import and export counsel, to the design and implementation of effective trade compliance programs, to duty mitigation strategies (including the use of free-trade zones and maximizing the benefits of applicable trade agreements), and representation before the U.S. Departments of Commerce and the Treasury and the U.S. Court of International Trade.
Learn MoreU.S. laws, regulations and Executive Orders that restrict or prohibit the export, reexport and transfer of commodities, technologies, software and services to foreign nationals, entities and destinations in foreign countries, pose significant compliance challenges for U.S. and foreign companies and investors.
The accelerating pace and ever-changing nature of comprehensive and targeted economic sanctions, supply chain restrictions, and embargoes against certain countries, groups, entities and sectors demand ever more compliance effort and diligence. Phillips Lytle attorneys routinely advise clients on how these complex legal regimes governing a wide variety of business activities – ranging from exporting products and services, to mergers and acquisitions, to hiring foreign nationals as employees, operating overseas subsidiaries, and forming strategic alliances (if not carefully managed in compliance with applicable statutes, regulations and orders) can result in significant civil and criminal penalties, as well as the loss of exporting privileges and debarment.
U.S. companies engaged in importing of products or components for the domestic market, or exporting products or services abroad, necessarily must navigate U.S. Customs requirements and restrictions, and the increasingly complex mandates of the Export Administration Regulations (EAR).
Needless to say, our attorneys practice at both ends of the supply chain. We have extensive experience with advising on import matters, and in representing businesses with U.S. Customs & Border Patrol in clearing imported products or resolving duty classification disputes. In addition, the firm offers analysis and counsel regarding duty reduction strategies such as the use of established Free Trade Zones (in which New York State is a leader).
Exporters from the U.S. have strict legal and regulatory obligations under the EAR and assorted Executive Orders regarding classification and record keeping, export restrictions, license requirements, sanctions, and end-user identification (and prohibitions). Our attorneys assist in crafting appropriate export compliance programs and providing compliance counsel tailored to our clients’ specific business so that problem prevention be part of the business process rather than an interruption of it. We also assist in obtaining appropriate licenses where necessary, and have long experience representing client interests in engaging with the U.S. Department of Commerce’s Bureau of Industry & Security (BIS) and U.S. Treasury’s Office of Foreign Assets Control (OFAC).
Our experience in International Arbitration spans across the globe as our multilingual attorneys have experience advising clients in Europe, Asia and beyond. We have a deep understanding of the complex nature of arbitrating in countries around the world and we leverage that experience to help meet the diverse needs of our clients.
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As Phillips Lytle is a full-service law firm, the following list highlights many of the services we offer international business law clients.
Cross-Border Tax and Securities Claims Compliance Counseling and Defense Entity Formation Environmental Facilities Security Clearances Financial and Banking Transactions Foreign Investment Review and Approvals Immigration Intellectual Property Joint Ventures Licensing and Worldwide Distribution Agreements Litigation and Dispute Resolution Mergers and Acquisitions Recapitalization/Restructuring
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