As the world seemingly gets smaller, cross-border commercial opportunities abound for companies across the globe. Taking advantage of these opportunities and operating in multiple countries, however, requires more than just good business sense. Companies must comply with and stay abreast of developments in the laws and regulations that govern operations in various countries.
Offit Kurman’s International Practice attorneys provide counsel to clients blending traditional legal advice with guidance focused on avoiding geopolitical and cultural obstacles as well as language barriers that may interfere with business operations and achievement of business goals.
Our international practice lawyers represent United States-based clients in matters outside the U.S. and non-U.S. clients in their home countries and across the world. We advise foreign clients on their U.S. inbound business, including U.S. market entry, through formation, structuring and ongoing operation of U.S. subsidiaries and the establishment of cross-border contractual relationships with U.S. business partners and customers. Our representation spans from startups to large, established companies in a number of industries, including, but not limited to:
- Banking and Financial Services
- Defense Contracting
- Design Professionals (Architecture/Engineering)
- Financial Services
- Food and Food Supplements
- Foreign Government Trade and Development
- High Net-Worth Individuals and Families of Wealth
- Manufacturing and Importing
- Professional Services
- Real Estate Acquisition, Investing and Development
- Real Estate Investment Trusts (REITs)
- Software & Technology/IP
Offit Kurman’s International Practice attorneys speak more than a dozen languages and have assisted clients in navigating legal and business issues in more than thirty-five countries. Our services and counsel to international clients span the spectrum of corporate, advisory, and litigation matters and is always concentrated on helping clients achieve their business goals no matter where in the world they operate or where their legal or business issues arise.
Corporate and Transactions
We help for-profit, and non-profit entities do business across the globe. We assist clients in expanding their businesses through stock and asset purchases and otherwise advise and assist with cross-border transactions. We advise clients on corporate, capital and operational structures, director and officer's liabilities and responsibilities, all in an effort to maximize opportunities while being mindful of complying with applicable local or national laws and applicable treaties. We negotiate and draft clients' international contracts, including purchase and sale agreements, joint venture agreements, franchise agreements, and distribution and licensing agreements, to ensure the terms are favorable and to select appropriate dispute resolution avenues and dispute fora. We advise foreign companies on dealing with distressed U.S. companies before the start of and during the course of restructuring or insolvency proceedings. For some clients, we serve as their outside general counsel in the U.S., becoming the "local" go-to partner for their corporate legal departments.
Cross-Border Litigation, Arbitration, Investigation, and Dispute Resolution
We assist clients to resolve disputes that straddle jurisdictions, borders, corporate structures, cultures, sanctioned regime, political systems, and treaties, whether through litigation, arbitration, mediation, or other forms of dispute resolution. We assert clients’ legal claims and defend clients against claims in court systems and before tribunals across the globe, including international arbitrations.
We advise clients on the extraterritorial application of U.S. law in connection with pending civil and criminal matters. We can support international clients involved or bringing a claim in their ‘home’ jurisdiction or before an international tribunal, with U.S. court-ordered investigation (including documentary and testimonial evidence in the U.S.). Our lawyers combine their legal acumen and foreign language proficiencies with industry experience gained from representing clients across many sectors and offer specific subject-matter expertise to achieve results efficiently. We approach our cross-border disputes with a focus on resolving disputes quickly and effectively, with as little disruption to business operations and expansion as possible.
Individual and Family Services
Our lawyers counsel individuals across the world, including executives and officers of international companies, offering advice on executive compensation, immigration concerns and objectives and assets protection. We provide counsel on international estate planning strategies, tax-efficient business operations and asset structuring through the creation of trusts and other investment structures. We help administer estates for non-U.S. citizens to effectuate transfers of property and assets in the U.S. upon their demise. We assist with cross-border family law issues, including international abductions and custody disputes and visitation agreements.
We counsel on the applicability of foreign laws and regulations to U.S. and international business operations, including the U.S. Foreign Corrupt Practices Act, OFAC Regulations. We help our clients navigate economic sanctions, export controls, and national security restriction regimes imposed by the U.S., the European Union, the United Nations, and other countries and alliances. We counsel clients regarding tax obligations, withholding, and payment responsibilities, as well as corporate tax treatment of business activities in multiple countries.
Because intellectual property rights are generally national in scope, businesses operating across borders or planning to do so often require counsel to obtain, enforce, and defend rights in the countries of interest. Offit Kurman’s U.S.-based intellectual property attorneys establish and manage global intellectual property portfolios, particularly in relation to patents, industrial designs, trademarks, copyrights and domain names, whether through international treaties or directly with our well-established network of agencies and counsel throughout the world. We advise on the availability of rights and the risks of initiating use of trademarks, practicing patents, and disclosing trade secrets to parties in other jurisdictions. We draft, negotiate, and counsel on cross-border agreements, including licenses and assignments. Our intellectual property attorneys handle all kinds of disputes within the courts and agencies, including infringement litigation, oppositions, cancellations, invalidations, expungement and reexamination. We provide our services to public and private companies of all sizes as well as entrepreneurs and start-ups based in the United States and throughout the world. Our industry experience is vast, including but not limited to the software and electronics, social media and influencer marketing, finance and fintech, fashion, medical devices, pharmaceuticals, food and beverage, and cannabis industries.
We assist multinational employers in the transfer of key personnel to the U.S.; our team advises investors to startup or acquire existing U.S. businesses, and we have helped thousands of foreign nationals obtain EB-5 and E-2 visa benefits; given the complexity and fluidity of U.S. immigration policies, we not only assist U.S. companies hire foreign talent and provide visa support for “talent management” but we also advise our employers on related compliance of all aspects of workplace legal issues.
Countries and Regions
Membership Organizations and Affiliations
- American Council on Germany
- American Foreign Lawyers Association
- Arab Bankers Association
- Asociación Interamericana de la Propiedad Intelectual
- Association of Certified Anti-Money Laundering Specialists
- Association Internationale des Jeunes Avocats (AIJA)
- Belgian-American Chamber of Commerce
- Building Owners and Managers Association (BOMA) International
- Business Centre Club
- Deutsch-Amerikanische Juristen-Vereinigung
- European-American Chamber of Commerce of New York
- European Lawyers Association
- German American Chamber of Commerce
- German Consulate in New York City
- GGI Geneva Group International Global Alliance AG
- LEAP Atlantic – Leaders of European and American Partnerships
- International Academy of Family Lawyers
- International Bar Association
- International Trademark Association
- IR Global
- Polish American Business Club
- Polish Consulate in New York City
- Polish Embassy in Washington, D.C.
- Society of Trust and Estate Practitioners
- Swiss American Chamber of Commerce
- Swiss Consulate in New York City