International

In today's global economy amid the complex interplay between various nations' laws, it is increasingly important for clients to approach their business interests from a global perspective. The BakerHostetler International team takes a multidisciplinary, long-term approach to helping clients manage and address complex international issues so they can continue to establish a successful global presence.

Our team provides sophisticated advice and representation with respect to international business transactions, mergers and acquisitions, joint ventures, international disputes and litigation, international tax issues, international intellectual property rights, customs regulations, export controls, and trade sanctions and embargoes. We represent and support clients in more than 100 countries across Europe, Asia, North America, South America, the Middle East, and Africa.

Clients look to us for a wide range of global business and litigation needs because we provide competent and thorough advice, we are responsive and easy to work with, and we value long-term business partnerships with our clients. As one client told Chambers and Partners, "It was the individuals that impressed us the most—really great to work with and very skilled at what they do." Another noted "All of the attorneys servicing our company showed a high degree of professionalism—they were extremely competent in their area of practice and always responsive; the work was completed in line with established deadlines; they provided proper follow-up to ensure that we were satisfied with their work; and they maintained effective communication regarding changes in laws and regulations."

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International Trade – Compliance

The attorneys on our International Trade - Compliance team advise and guide clients through the whole panoply of international trade compliance issues that can impact their business activities, and assist them in taking advantage of all available tariff preferences and duty savings mechanisms. In addition to day-to-day counseling on international trade issues, we defend our clients in government enforcement actions, conduct internal investigations and import, export and sanctions self-assessments/internal compliance audits to identify international trade compliance shortcomings and recommend and implement corrections, litigate on their behalf at the U.S. Court of International Trade, and represent them before the Committee on Foreign Investment in the United States to obtain national security clearances for foreign acquisitions of U.S. businesses.

International Transactions

Our International Transactions team represents clients through a number of international business transactions, including mergers and acquisitions, joint ventures, technology transfers and licensing, debt and equity financing, and contracts and commercial agreements, to help them reach their business goals. This team uses its experience, creativity and international network to create the correct corporate structures for the transactions and enforceable agreements in the countries involved.

Our International Transactions team has developed sophisticated techniques relating to the purchase, sale, and financing of publicly-traded and privately-held companies. With a strategic focus on global markets and trade, we work to ensure that cross-border transactions meet our clients’ objectives anywhere in the world.

International Disputes

Our International Disputes team handles major international litigation matters on behalf of both foreign and domestic clients by advising clients on the unique procedures and strategies of U.S. litigation; the application of foreign law, treaties and regulations; strategies for settlement; and international arbitration or other alternative dispute resolution procedures, where appropriate. We have won many significant cases in U.S. courts, as well as before all major international arbitration forums including the International Chamber of Commerce (ICC), the American Arbitration Association (AAA), and the International Centre for the Settlement of Investment Disputes (ICSID).

International Tax

Our International Tax team routinely advises clients on both outbound and inbound tax issues involved with cross-border mergers and acquisitions, financing transactions, planning issues, treaty issues, and transfer pricing matters.
As businesses of all sizes increasingly explore opportunities to expand beyond their traditional borders, international tax is becoming one of the fastest growing disciplines within tax law. Our International Tax team helps clients to stay ahead of the curve in competitive global markets. We work with clients of all sizes to structure cross-border transactions and provide efficient and practical advice related to global expansion.

Strategic Outsourcing

Our Strategic Outsourcing team helps companies to lower costs and improve information technology and business process efficiencies by tapping into resources worldwide. We have considerable knowledge and experience handling outsourcing arrangements in India, which continues to account for a majority of offshore outsourcing work, allowing us to help our clients to bridge cross-border differences in business and social culture, language, geopolitical risk, logistical infrastructure, and dispute resolution processes in order to achieve successful outsourcing arrangements.

Whether a short-term process solution or a long-term strategy to maximize efficiency, our Strategic Outsourcing team helps companies to lower costs and improve information technology and business process efficiencies by tapping into resources worldwide. Our experience spans a wide range of industries, including financial services, healthcare, insurance, manufacturing, management consulting/professional services, and computer technology.

International Trade Remedies and Trade Policy

Our International Trade Remedies and Trade Policy team advises a number of foreign companies in connection with their import activity in the United States. We have defended imports in a full range of industrial and other products—including Canada's softwood lumber, pure and alloy magnesium from Canada, various steel products from several countries, Mexican cement, nitrocellulose from Japan, fuel ethanol from Brazil, steel from South Africa, manganese sulfate from China, oscillating and ceiling fans from China, and cigarette lighters from China—with significant victories assuring the trade flow of all these products.

Intellectual Property

Through a number of longstanding relationships with intellectual property firms throughout the world, our International team coordinates the acquisition of patent, trademark, and copyright registrations, prepares and drafts intellectual property agreements, and designs and implements enforcement programs.

German Practice

BakerHostetler's German Practice is uniquely positioned to contribute the insight and legal experience required to assist companies from Germany and the German-speaking countries with their investments in the United States. We provide comprehensive legal advice on corporate issues including mergers and acquisitions, strategic alliances and joint ventures, corporate finance, site selection and formation of subsidiaries, and a full range of international financial services to a number of German, Swiss, and Austrian clients.

Our German practice is uniquely positioned to contribute the insight and experience required to assist companies headquartered in the German-speaking countries with their investments in the U.S. Led by a German-speaking attorney, clients enjoy a level of trust with our entire German practice. We are used to working with corporate headquarters in the German-speaking countries, as well as directly with their U.S. offices, frequently helping to bridge cultural gaps and translating their respective business and legal needs and issues.

Select Experience

  • Guided a client through responses to the Office of Foreign Assets Control (OFAC) subpoenas regarding embargoed country activities and conducted an internal investigation of the matter, which OFAC decided not to penalize. Additionally, we developed a comprehensive export control and embargo/sanctions compliance program for the client.
  • Represented Ford Motor Company in two U.S. Court of International Trade actions seeking refunds of $6.2 million estimated duties paid on imports and for approval of $4 million in drawback claims.
  • Guided a large aerospace parts manufacturer in the development and implementation of an enhanced export compliance program.
  • Assisted a client with the drafting of its form Master Services Agreement (MSA) with an eye toward new privacy laws in India to ensure that the client understood the practicality and implications of the privacy laws as they apply to existing relationships with the vendors and the negotiation of the MSA. The overall value to the client of the MSA was $700 million over the term of the contracts.
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Experience

  • Guided a client through responses to the Office of Foreign Assets Control (OFAC) subpoenas regarding embargoed country activities and conducted an internal investigation of the matter, which OFAC decided not to penalize. Additionally, we developed a comprehensive export control and embargo/sanctions compliance program for the client.
  • Represented Ford Motor Company in two U.S. Court of International Trade actions seeking refunds of $6.2 million estimated duties paid on imports and for approval of $4 million in drawback claims.
  • Guided a large aerospace parts manufacturer in the development and implementation of an enhanced export compliance program.
  • Assisted a client with the drafting of its form Master Services Agreement (MSA) with an eye toward new privacy laws in India to ensure that the client understood the practicality and implications of the privacy laws as they apply to existing relationships with the vendors and the negotiation of the MSA. The overall value to the client of the MSA was $700 million over the term of the contracts.
  • Tried and won a $197 million treble damage verdict against Nelson Bunker Hunt and others for manipulating worldwide silver prices and nearly crashing the U.S. economy. Major institutions, including Merrill Lynch, Prudential Bache, and Continental Grain, settled for a total of $60 million prior to trial.
  • Represented a German subsidiary of a major U.S.-based manufacturer in ICC arbitration with Brazilian energy developers to pay for and take delivery of equipment for use in the construction of an electric power generation station in Brazil.
  • Advised Europe’s largest newspaper and magazine publisher on transactions to sell its U.S. magazine business. Approximate transaction value $450 million.
  • Represented Orafol Europe GmbH, a privately held German company, in its $250 million acquisition via a reverse triangular merger for ORAFOL Europe GmbH of Reflexite Corp.
  • Provided U.S. tax advice on a several billion dollar, public acquisition of a multinational group of companies, including issues arising under the Foreign Investment in Real Property Act and the passive foreign investment company regime, as well as certain unique potential consequences of the recently-enacted inversion legislation.
  • Advised a Fortune 25 public company with respect to structuring a cross-border oil and gas joint venture including addressing U.S. trade or business and effectively connected income issue, title passage, and transportation income issues.
  • Advised a Fortune 100 company on the implementation of a global holding company structure in Europe, Asia, South America, and Central America.

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China-U.S. Trade Law
THE PIVOT TO ASIA AND THE INEVITABLE FAILURE OF THE TRANS-PACIFIC PARTNERSHIP
June 23, 2014
The following article substantively follows the text of remarks by Dr. Elliot J. Feldman during a May 2, 2014 Webinar sponsored by the Knowledge Congress Live Webinar Series and BakerHostetler. The Origins And Direction Of A Trans-Pacific...
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China-U.S. Trade Law
Comments on An Environmental Goods Agreement
May 1, 2014
INTRODUCTION                  The Office of the United States Trade Representative, in the Federal Register of March 28, 2014 on behalf of the Trade Policy Staff Committee, requested comments and issued notice of a public hearing on...
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China-U.S. Trade Law
Federal Circuit Upholds Constitutionality Of Legislation Overturning Its GPX Decision That Countervailing Duties May Not Be Applied To Non-Market Economies ?????????????????????????
April 2, 2014
美联邦上诉法院认为向非市场国家征收反补贴税符合宪法 HERE WE GO AGAIN This blog has been analyzing for more than four years legal disputes over whether the U.S. Department of Commerce (“Commerce”) may apply countervailing duties (“CVDs”) to imports from non-market...
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China-U.S. Trade Law
THE TRADE MUDDLE: A PRIMER
March 6, 2014
Crossing All The “T”s Will Not Dot The “I”s:  Some Of The Politics Of Trade             Which comes first, TPP (the “Trans-Pacific Partnership”) or TPA (“Trade Promotion Authority”)?  Alphabetically, and logically, TPA.  Strategically...
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China-U.S. Trade Law
The United States & China: Twenty-First Century Rivals Or Friends? 美利坚和大中国: 21世纪的对手还是伙伴?
February 25, 2014
The following article, The United States & China: Twenty-First Century Rivals Or Friends?, was published in the January 2014 edition of Corporate LiveWire Expert Guide International Trade 2014: The Obama Administration has referred to...
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