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 Japanese 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.
We have a unique understanding of the issues facing Japanese companies operating in the U.S., offering broad expertise in Japanese business transactions and culture. Because our attorneys understand Japanese businesses, we are able to more effectively represent these businesses and work with Japanese counterparties. Over the years, we have represented more than 120 Japanese companies in a wide variety of industries, including automotive OEM and parts manufacturing, electronics, and chemicals. We also have served as corporate counsel and business advisors to our many Japanese clients on a wide variety of matters, including foreign investment, mergers and acquisitions, joint ventures, cross-border technology and intellectual property agreements, labor and employment issues, litigation, arbitration, reorganization and related issues. Whether working with our clients to develop a cost-effective plan to bring Japanese executives and managers to the United States, assisting with the day-to-day operations of their businesses or ensuring compliance with U.S. and foreign regulations, we partner with our Japanese clients on each phase of their operations as well as their growth and expansion.
Corporate and Securities
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.
Maritime/Shipping
We represent Japanese 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.
International M&A and Foreign Direct Investment
We advise Japanese 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.
Technology and Intellectual Property
Our work includes branding audits for clients as well as brand protection work for Japanese 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.
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 Japanese 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).
Cross-Border Business and Trade
We believe that we can best serve our Japanese 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 Japanese 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 Japanese 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.
Health Care
With more than 200 attorneys in 11 states and the District of Columbia serving the health care industry, Baker Donelson has one of the leading health care practices in the United States. Given the vast scope and complexity of the nation's largest industry, our size, scale and collective experience give our clients a competitive advantage. Those clients are hiring a dedicated, multidisciplinary team, a team that not only has experience in and detailed knowledge of health law, but also understands the complicated ways in which the industry operates.
Manufacturing
With decades of experience, we understand the numerous legal, regulatory, operational, and financial issues that manufacturing companies face. Our clients benefit from our depth of understanding in individual sectors, including auto, chemicals, machinery, medical device, plastics and food and food additives, our strong local connections, global perspective and fluency and cross-practice strength.
Federal Public Policy
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. 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 Japanese 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.
Government Investigation and Enforcement
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 wrong doing, 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.