Baker Hostetler lawyers have substantial experience in U.S.-Canadian legal issues that is both practical and scholarly. We have represented Canadian governments and private industry in many cross-border disputes with their U.S. counterparts during the last eighteen years and have represented U.S. companies in Canadian disputes as well.
Our clients have relied on us as counsel before:
We have a deep understanding of the ways in which NAFTA and other international agreements affect the cross-border flows of people, capital and goods. Our lawyers routinely publish and present scholarly papers on these agreements and have lectured on U.S-Canadian affairs at colleges and universities (Harvard University, Johns Hopkins University, the University of British Columbia, Brandeis University, Tufts University, George Washington University, Brigham Young University, and the University of Massachusetts). Active EngagementLawyers in our Canada practice are engaged in U.S. and Canadian issues well beyond representation of their clients on either side of the border. We continually make substantial contributions in the legal and business communities promoting the liberalization of U.S.-Canadian commerce. Baker Hostetler has been a corporate sponsor of the Canadian-American Business Council (CABC). Our lawyers have served on the CABC's Board of Directors and represented the CABC as amicus in litigation regarding the constitutionality of Chapter 19 of NAFTA. We have served on the Board of Directors of the Canada-U.S. Law Institute at Case Western Reserve University and in leadership roles on the American Bar Association's Canada Committee and Canadian Law Newsletter. Canadian and U.S. news media (National Public Radio, CTV, Radio-Canada, Globe & Mail, Vancouver Sun, Inside U.S. Trade, Wall Street Journal, various Canadian radio stations) and private organizations (the World Presidents Organization, the North American Wholesale Lumber Association) routinely call upon lawyers in our Canada practice for insights on current events.
International Trade and CustomsBaker Hostetler has advised Canadian governments, private enterprises and associations in international trade disputes. We have acted as outside advisory counsel to the Government of Canada in multiple disputes at the World Trade Organization and have represented public and private clients directly in trade proceedings on both sides of the border.
Baker Hostetler's lawyers handled all international matters in the United States for the Gouvernement du Québec for a decade, achieving unparalleled dismissals of subsidy claims during the most demanding years inaugurating the Free Trade Agreement Between Canada and the United States, and NAFTA. Those lawyers defeated claims against more than two dozen government programs in nearly a dozen different government agencies.
The international trade team has defended imports in a full range of industrial and other products from Canada subject to U.S. antidumping, countervailing duty, or safeguard measures: softwood lumber, pure and alloy magnesium, cut-to-length carbon steel plate, pork, swine, and hardwood trailer flooring. Our lawyers also have represented U.S. copper-pipe sellers in a Canadian antidumping investigation.
With Customs lawyers across the United States, Baker Hostetler can represent Canadian clients in any type of Customs dispute. Our Customs practice covers tariff classification, Customs valuation, country of origin issues, internal compliance programs and education, audits, and other matters. We represent importers at U.S. Customs and Border Protection headquarters and at numerous ports throughout the U.S. in connection with various investigations, protests, seizures, liquidated damages claims, Customs audits, and other civil and criminal enforcement matters. We assist our clients in structuring import transactions to minimize duties and costs.
International LitigationBaker Hostetler handles major international litigation for Canadian clients in the United States. We have represented multinational corporations, sovereign governments and private investors. Our lawyers know how to apply diverse treaties and effectively anticipate and prevent problems—such as choice of forum, choice of law, jurisdiction—for the parties in a transnational dispute.
We are skilled in specific issues such as sovereign immunity, the enforcement of foreign judgments, international evidence gathering, eDiscovery, and the Law of the Sea. We also represent parties in all major international arbitration forums, including various NAFTA dispute settlement tribunals, the International Chamber of Commerce (ICC), American Arbitration Association (AAA), International Centre for the Settlement of Investment Disputes (ICSID), and disputes resolved under the UNCITRAL Rules.
Recently Baker Hostetler has asserted the foreign investment interests of Canadian softwood lumber companies in arbitration against the United States under Chapter 11 of NAFTA. We have represented a Canadian newspaper in a libel action brought by a prominent public official. Our trial team also successfully obtained a jury award in U.S. courts on behalf of a Canadian plush toy distributor in its breach of contract claim against the creators of a popular children's character.
Legislative and RegulatoryThrough our Washington office, we represent the interest of clients in the legislative process and in regulatory matters in the United States. We work on behalf of clients to craft solutions to legislative concerns by both providing input into the process through Congress and its Committees and by working with the executive branches responsible for federal and state policy.
Our regulatory practice represents clients in matters involving U.S. federal and state antitrust laws, including investigations and litigation conducted by the Department of Justice, the Federal Trade Commission and state attorneys general, as well as class actions and other types of private antitrust litigation. We represent clients in advertising, sales and promotional practices and warranty matters, and we are experienced in representing clients in consumer product safety matters, including reporting requirements, recalls and other forms of corrective action.
Baker Hostetler's legislative and regulatory team includes former members of Congress, a former U.S. Ambassador, senior executive branch officials, and state administrators and legislators. Our Washington, D.C.-based policy and lobbying lawyers know the people, processes and protocols in the Executive and Legislative branch and represent clients' interests on Capitol Hill with services ranging from advice and representation to working on bills.
Members of our Canada practice frequently provide advice and testimony to members of the Canadian Parliament. Our lawyers have been called to testify publicly before the House of Commons on NAFTA dispute settlement procedures and on Canadian legislation in connection with U.S. trade disputes. We have consulted Canadian government officials on potential NAFTA reforms and matters of policy affecting U.S.-Canadian commerce.
ImmigrationWe assist clients with business immigration issues, including employment of foreign nationals and compliance with employer sanctions and anti-discrimination provisions of the immigration law. Our experience enables us to determine which visas are most likely to be approved for a client's needs, where to file the petition, and how to present the alien's credentials in the most favorable light.
Intellectual PropertyBaker Hostetler's IP team provides guidance in all phases of IP planning—from the formulation of initial strategies and “best practices” to securing IP rights, creating strategies for exploitation (licensing, joint development, etc.), litigation, and other forms of dispute resolution. From aerospace technology to antiviral drugs, from software and web content to consumer goods, entertainment, advertising, cartoon character rights and financial services, we have the hands-on knowledge to help our clients secure and use IP assets for maximum competitive advantage. We protect that advantage in negotiations, at trial and through other dispute resolution proceedings in the United States, Canada and over 100 countries.
International TaxBaker Hostetler lawyers offer the full complement of international tax advice on both outbound and inbound tax issues. Our international tax team has significant experience handling multibillion-dollar international merger, acquisition and disposition transactions, cross-border financing transactions, and cross-border planning issues including obtaining private rulings when necessary.
We help clients address treaty issues and transfer pricing matters such as advanced pricing agreements, pre-filing agreements, and Competent Authority advice. In the area of international tax controversy, we work to resolve complex issues, and we represent clients in the IRS Technical Advice process, IRS Appeals, and the U.S. courts.
In addition to handling large transactions and case matters, we regularly provide efficient and practical advice to businesses expanding their operations and opportunities globally. As overseas investment opportunities have become increasingly more attractive in the private capital markets, our international tax team has become a critical component to the firm's broader, market leading private equity advisory group.
Corporate Finance, Mergers and AcquisitionsNearly 200 business lawyers in all ten of our offices work with clients in every region in the United States, in Canada, and in many parts of the world providing comprehensive and experienced business counsel to large and small publicly traded corporations and closely held businesses of all sizes. Our clients represent nearly every segment of industry, including media communications, hospitality, healthcare, insurance, manufacturing, retail, banking and finance, real estate development, energy, technology, and many others. We provide informed counsel in corporate and securities matters, mergers, acquisitions, dispositions, debt finance, real estate, international transactions, project and structured financing, bankruptcy and commercial law and a variety of other corporate transactions.