Baker Donelson's Cross-Border Business Team provides an array of cross-border services to our Chinese clients geared specifically to expand their businesses in the U.S. We advise clients on a full range of legal services, including trade, foreign direct investment, corporate, mergers and acquisitions, litigation, real estate, immigration, labor and employment, intellectual property, shipping and federal public policy.
Our Chinese clients operate in a wide variety of industries, from automotive and advanced machinery manufacturing to energy resources, medical devices and information services. We represent entities of all sizes, from single individuals seeking opportunities for investment abroad to major multinational corporations.
Cross-Border Business and Trade Compliance
We believe that we can best serve our Chinese clients by providing them with the internal compliance mechanisms to minimize the risk for violations before a violation actually occurs. Our team has extensive experience in U.S. regulation of international business and inbound Chinese investment, including foreign investment reporting requirements, CFIUS, CTPAT and the "Reasonable Care" guidelines from Customs and Border Protection (CBP). We also routinely advise U.S. affiliates and subsidiaries of Chinese companies regarding compliance with U.S. export laws and provide them with training and compliance materials that meet all U.S. FCPA, antiboycott, and OFAC requirements.
Foreign Direct Investment (FDI)
We advise Chinese companies the most advantageous structure for their deals, assist in evaluating potential business partners and locations and perform due diligence on potential companies or assets for acquisition. We guide clients through the entity formation, tax structure, incentives, immigration, general corporate governance, employment matters, antitrust, securities, real estate and other laws relevant to a transaction. Our attorneys provide inbound companies with on-the-ground, strategic counsel, capitalizing on their long-standing relationships and experience with state and local government entities, economic and community development groups, chambers of commerce, industrial development boards and utility providers. We work with industrial development agencies and departments of economic and community development, revenue, transportation, environment and conservation to secure economic incentives for our clients, including Payment in Lieu of Tax (PILOT) agreements, tax increment financing (TIF) arrangements, tax-sharing agreements and central business improvement districts, among others.
Corporate and Business Transactions
Our business attorneys are highly skilled in the full range of corporate transactions important to domestic and foreign businesses, including stock and asset acquisitions, mergers, going private transactions, corporate spin-offs and joint ventures. They also advise clients in areas including securities, corporate governance, corporate finance, business planning, entity formation and commercial and international transactions.
Immigration/EB-5 Employment Creation Investors
Our immigration attorneys know the arcane rules and processes to coordinate the global movement of business personnel. Our team leader served as Chief Counsel and Acting Director of U.S. Citizenship & Immigration Services (USCIS) and is the author of Immigration Practice, a respected practical treatise republished annually. We advise our Chinese clients in all types of business-based temporary and permanent immigration status, including specialty occupations (H-1B), individual and blanket international transferee programs (L-1), traders and investors (E-1/E-2/EB-5), national interest waivers (EB-2) and Extraordinary ability and outstanding researchers (O-1,EB-1). We advise and advocate for developers, regional centers and foreign national investors in relation to the EB-5 employment creation program. We also clarify rules and policies with USCIS, soliciting input from the Department of Commerce when direct foreign investment is concerned. In addition, we craft securities offerings, edit business plans, and prepare filings by regional centers and investors seeking program designation, project pre-approval, investor petition approval, and removal of conditions. We seek administrative solutions in difficult cases, develop strategies for filing persuasive responses to USCIS Requests for Evidence and other Notices, and appeal or litigate adverse determinations. Our immigration attorneys also assist clients in public policy development, including program extensions and law changes.
Technology and Intellectual Property
We have broad experience in patent representation, trademark disputes and branding concerns for our clients. We help our Chinese clients manage their intellectual property assets as an integral part of a comprehensive business and competition strategy. Our attorneys are experienced in formulating overall intellectual property strategy, including substantive analysis and recommendations for branding protection of intellectual property interests. Our work includes branding audits for clients as well as brand protection work for Chinese companies, including name dispute proceedings. We are able to offer strategy for resolving difficult freedom-to-operate obstacles, negotiating licensing agreements, and effectively utilizing existing intellectual property portfolio to strengthen our clients' competitive positions. Our technology attorneys are experienced in mechanical, electrical, chemical and biochemical technologies. We have secured patents in a broad array of technologies, products and services.
Maritime/Shipping
We represent Chinese clients who are involved in all facets of marine transportation across the full range of shipping and maritime matters, such as domestic and international shipping, offshore oil and gas exploration, drilling and production, among others. We assist foreign protection and indemnity clubs, insurance companies and full underwriters, comprehensive general liability underwriters, maritime and employers’ liability underwriters, vessel owners and operators, maritime construction companies, domestic port and terminal operations and shipyards. With the widening of the Panama Canal and the opening of new trade route to the U.S. Gulf Coast from China, our maritime attorneys can utilize their knowledge and experience to assist Chinese companies take advantage of this new global trade opportunity.
White Collar Crime Defense and Government Investigations
Few companies or executives plan for a criminal investigation. But in the complex regulatory environment facing modern businesses, few corporations can safely assume that their operations and employees are immune from government investigations and even prosecution. For many companies, the very existence of such probes can do substantial damage. When the stakes are highest, corporations and individuals need lawyers versed in the unique challenges of such cases. Drawing on backgrounds in state law enforcement, heavily regulated industries, Department of Homeland Security, Department of Justice, Federal Bureau of Investigation and various government agencies, our attorneys limit client exposure in government and internal investigations of employee wrongdoing, and defend companies and executives in parallel proceedings involving agency litigation, civil lawsuits and criminal prosecutions. We counsel and defend clients from every industry, from Boston to Los Angeles and from London to Tokyo.
Federal Public Policy
In today's fiercely competitive business environment, Chinese companies with access to sound policy advice often hold a significant advantage. Staying in step with legislative and regulatory developments, knowing how to reach Washington’s decision-makers with your messages and mapping clear strategies for affecting public policy are key to opening up new opportunities and creating success for your company. The Public Policy Group at Baker Donelson can provide Chinese clients with long-term strategic counsel as well as day-to-day representation, helping to protect and advance your interests throughout the course of federal policy-making. The group was founded by former U.S. Senate Majority Leader, Chief of Staff to the President of the United States and former Ambassador to Japan, Howard Baker. The unique qualifications and extensive experience of our bipartisan team can provide a valuable tactical advantage.