Cross-Border Practice Group
Our thriving Cross Border Practice Group specializes in representing clients who conduct business internationally. This unique practice group enables us to respond to our clients' needs not only here in the United States but also throughout the world, particularly in Mexico, Europe and Asia. We have cultivated strong relationships with legal counsel throughout the world who assist us with international matters, as needed.
Our Cross-Border Practice Group provides corporate counseling to U.S.-based clients with existing international operations. We also service clients, based in foreign jurisdictions, who are implementing plans to enter the United States market.
Many of our clients have widespread international operations, and, as such, we are comfortable negotiating with parties in foreign jurisdictions. We understand key legal issues raised when conducting business internationally and have developed clear dispute resolution provisions to minimize risks.
We have assisted numerous U.S.-based clients who have entered the Mexican market, by, among other things, forming Mexican corporate entities and counseling our clients on issues, including corporate governance and regulatory requisites and other related issues that may arise when operating in Mexico. We have also assisted numerous clients based in Mexico who have entered the U.S. market by, among other things, incorporating U.S entities and advising our clients on various issues that may arise when operating in the United States.
Additionally, we have counseled our clients on cross-border corporate and commercial transactions, including drafting and negotiating acquisition, manufacturing, distribution, and intellectual property licensing agreements between U.S. companies and companies in other jurisdictions such as Mexico, Europe and Asia. Our attorneys can recommend, supervise and collaborate with local counsel throughout the world on these matters.
Representative Cross-Border Corporate Matters:
- Obtained waivers and expedited 0-1 visas for a Latin American celebrity after working directly with the Visa Chief in the United States Embassy.
- As General Counsel, strategized with U.S. client’s executive team and U.K. counsel in connection with dispute involving disgruntled terminated employee alleging he was owed commission based on gross sales of the company’s European subsidiary.
- Represented U.S. licensee in connection with an exclusive development agreement with a German supplier of a unique “soft solid material” relating to development of new applications for the material.
- Represented licensor in connection with an exclusive license and supply agreement for unique cosmetic components, including minimum purchase requirements for the licensee with the licensor retaining the exclusive right to supply the licensed products.
- Drafted and negotiated memorandum of understanding for mutually beneficial strategic alliance between U.S. semiconductor corporation and Chinese manufacturer to develop compatible AMOLED drivers and panels.
- Drafted and negotiated development agreement between Mexican subsidiary of a Delaware corporation and a U.S. technology higher education institute to facilitate collaboration on research and technological development.
- Coordinated with foreign counsel in U.K. and Hong Kong to craft Terms and Conditions for subsidiaries located in those jurisdictions that are consistent with the parent company’s U.S. Terms and Conditions.
- Represented supplier in connection with a rebate agreement drafted by a global conglomerate of cosmetic brands involving complex rebate calculations with tiered percentages.
- Liaised with Italian counsel in connection with the acquisition of a cosmetic filling plant in Milan, Italy.
- Represented seller in connection with the sale of a defunct product line to a buyer in Hong Kong.
- Drafted various talent performance agreements for Latin American celebrities with United States producers and venues.
- Strategized and coordinated with local counsel in Mexico pertaining to the creation of a joint venture between a Mexican parent company and U.S. subsidiaries.
- Advised Mexican nationals on lease agreements.
- Advised the U.S. distributor for a Mexican subsidiary of a German company on legal issues, including the interplay between Mexican and United States/California law, pertaining to a bilingual distribution agreement.
- Provided various legal opinions to a leading bank in Mexico on various issues, including cross-border banking operations and the validity of a family trust pertaining to a brokerage account.
Our Cross-Border Practice Group has handled a wide variety of cross-border litigation matters.
We have successfully litigated claims before the International Chamber of Commerce. We have also represented numerous high profile Latin American clients in the United States in lawsuits involving claims such as trade secret misappropriation, trademark infringement disputes, defamation and business torts and complex breach of contract issues.
On International matters, our attorneys have coordinated with local counsel to create litigation strategies pertaining to challenging jurisdictional, venue and choice of law issues that frequently recur in such matters.
Representative Cross-Border Litigation Matters:
- Obtained a major victory in an arbitration case before the International Chamber of Commerce International Court of Arbitrators, securing an arbitration award in excess of a million dollars from the panel of three arbitrators on a breach of contract claim asserted on behalf of a Hong Kong based manufacturer of cell phones and cell phone equipment.
- Successfully asserted extraterritorial jurisdiction and international comity defenses in two related class actions brought under the Consumer Legal Remedies Act, obtaining summary judgment in both matters on behalf of an international telecommunications company.
- Reached very favorable settlement for a Latin American celebrity in a breach of contract/defamation lawsuit, which resulted in the client obtaining a public apology and additional paid performances.
- Successfully resolved commercial litigation on behalf of a U.S. subsidiary of a Mexican entity after coordinating with foreign counsel in related civil and criminal proceedings.
- Handled various litigation and transactional matters, including drafting and negotiation of distribution agreements and termination agreements and litigating breaches of such agreements, for a U.S. subsidiary of the largest Mexican-owned baking company.
- Represented seller of a defunct product line in a lawsuit brought against Hong Kong buyers in California after the buyer breached the contract; litigation involved complex service of process issues and ultimately compliance with Hague Convention.