Entering the U.S. Market
We regularly assist foreign companies as they expand their business activities into the United States.
Foreign companies typically enter the U.S. market in two ways:
(i) indirectly, through various third party arrangements between the foreign company and a U.S.-based commercial partner, such as a distribution relationship, license agreement, or a joint venture or other strategic alliance transaction; or
(ii) directly, by establishing a new U.S. subsidiary or acquiring an existing U.S. company.
Assisting foreign clients entering the U.S. requires advice across a range of areas, including business/tax structuring, general commercial contracts, employment/labor and benefits, compliance, intellectual property, and dispute resolution. Because of our experience working across these different areas, we are typically consulted as outside “general counsel,” instead of serving in the more limited role of transaction counsel on major financing or M&A transactions. For more on our role generally in this area, see our General Counsel and Corporate Advisory practice.
What sets us apart, however, is our heightened knowledge of issues relevant to our foreign clients. We have been working with foreign clients for over 40 years, and many of our lawyers have extensive experience with the legal systems and business cultures of other countries, some having practiced law in foreign jurisdictions. This experience allows us not only to advise foreign clients on matters of New York or U.S. law, but also to put that advice in the context of the legal framework of their home jurisdiction. We are pleased to say that many of our foreign clients have referred our Firm to friends and colleagues in their home jurisdictions, often expressing satisfaction that our Firm was able to provide sophisticated legal advice with more attentive service and more efficient staffing than they had experienced with larger U.S. firms.