International Reach: Sheppard Mullin

Overview

Sheppard Mullin offers global solutions to our clients around the world, providing seamless representation in multiple jurisdictions.

Our lawyers advise a host of international clients on their inbound and outbound transactions, corporate structures, tax, operating agreements, antitrust and competition issues, technology, communications, immigration and employment matters to ensure the optimal legal foundation for an enterprise with expanding borders. We represent a significant number of foreign clients including commercial entities, emerging companies, financial institutions and individuals based throughout the world.

We are a member of Terralex, an international network of leading independent law firms serving the business interests of clients whose requirements transcend their borders.

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Inbound and Outbound Investments

We guide clients investing from abroad through the intricacies of the American marketplace, as well as the unique regulatory and financial issues inherent in the U.S. market. We understand the legislation that may affect offshore investors and foreign corporate parents. Similarly, our cross-border expertise provides increased value to clients in the U.S. who act as sellers to foreign investors or as JV partners with investors from abroad. At Sheppard Mullin we appreciate the nuances involved in a cross border investment deal, and we know how to work in teams that balance multiple legal systems, languages and cultures.

We advise on such issues as:

Mergers and Acquisitions
Securities and Corporate Finance
Immigration, EB-5 and Employment Law
Real Estate
International Tax
Intellectual Property
International Arbitration and Litigation
CFIUS - The Committee on Foreign Investment in the United States

We also advise both domestic and international clients and corporate financiers investing outside of the U.S. on international tax planning and structuring concerning foreign investments. This advice has included choice of entity, income tax treaties, foreign withholding tax and tax credits, as well as capital gains and ordinary income tax treatments.

Cross Border M&A

Sheppard Mullin represents clients in cross border mergers and acquisitions and investment transactions. We have experience representing both domestic and foreign clients in connection with a variety of cross border structures, including:

Acquisitions and divestitures of U.S. businesses by foreign clients or their U.S. subsidiaries
Acquisitions and divestitures by U.S. clients of foreign companies, whether directly or through foreign subsidiaries
Controlling and non-controlling investments by foreign clients or their U.S. subsidiaries in U.S. businesses
International investment transactions by U.S. based clients
Joint ventures between U.S. and foreign companies, both on and offshore

We combine our firm wide experience in negotiated, unsolicited, public and private acquisitions, private equity, venture capital investments and joint ventures with an understanding of the special issues involved in cross border transactions.

Joint Ventures and Strategic Alliances

One of the primary strategies for foreign businesses to enter the U.S. market and for U.S. businesses to enter foreign markets is through joint ventures or other forms of alliance. Sheppard Mullin advises on the host of cross border partnering, joint venture and alliance configurations. We have advised on the array of legal issues and challenges, including:

Identifying and working with local counsel, accountants and advisors
Conducting due diligence on prospective partners
New entity formation (foreign or domestic)
Investment structures
Liability protection, exit and termination strategies
Intellectual property registration and protection
Technology licensing
Risk sharing, manufacturing, marketing and R&D agreements
Customs and other import controls
U.S. tax planning for U.S. and foreign partners
Choice of law and dispute resolution venues

We have also advised on matters subject to the Foreign Corrupt Practices Act, Antiboycott Act and other U.S. controls on doing business in certain foreign countries.

Dispute Resolution and Litigation

Sheppard Mullin is involved in virtually all aspects of commercial litigation, including antitrust, financial services, construction, communications and media, insurance, intellectual property, product and professional liability, real estate, securities, white collar, healthcare, technology, manufacturing and aerospace, to name only a few. It is no surprise that clients from around the world turn to Sheppard Mullin for superior and effective litigation expertise. At the same time, our lawyers recognize and promote the use of mediation and other dispute resolution mechanisms as alternatives that can afford substantial savings where appropriate. Our international litigation practice includes:

Patriot Act Compliance and enforcement
Foreign Corrupt Practices Act issues
Enforcement of foreign judicial or arbitral awards in the U.S.
Enforcement of U.S. judicial or arbitral awards abroad
Inbound and outbound customs issues
International arbitration of private disputes
International arbitration of government contracts
Personal jurisdiction and procedural issues

Sheppard Mullin lawyers are known for exceptional advocacy, trial and appellate skills, in-depth knowledge of state and federal courts at all levels and practical business judgment, all of which contribute to our consistent delivery of solid, cost efficient results.

Banking and Finance

Our banking and finance lawyers represent financial institutions (banks, commercial finance companies, insurance companies and leasing companies) in the documentation, negotiation and structuring of financial transactions. Our lawyers advise lenders, lessors, venture capital groups, investors and, at times, sellers, lessees and borrowers in a host of unsecured, personal property secured and real property secured transactions, including loans, leases, syndications/participations, chattel paper portfolio purchases and sales, consumer transactions and structured or financially engineered creditor facilities. We also represent financial institutions in matters such as licensing, the establishment of new branches and regulatory and form compliance procedures, as well as provide opinions for California law issues such as usury, form compliance for federal and state consumer transactions, UCC and securitization matters.

Antitrust & Competition

With a diverse clientele ranging from multinational corporations to starts-ups seeking to engage in joint ventures, strategic alliances or to create new markets through mergers and acquisitions, we advise on a variety of antitrust and competition matters, including:

Antitrust enforcement and international dispute resolution
Cartels
Merger Control
Market conduct and dominance
Proceedings before the WTO
State aid

Sheppard Mullin acts as a dealmaker in executing a team effort to maximize cross-border opportunities. Our international competition team members are multicultural and multilingual, with lawyers in Europe and Asia. This assures proper communications with co-counsel, as well as adverse parties. By operating constructively with foreign advisors to jointly explore options in alternative jurisdictions, we are able to provide the best possible solution to ensure a solid international legal and business strategy.

Intellectual Property

The firm advises domestic and international clients on patents, trademarks, copyrights, trade secrets and false advertising, as well as creating the optimal structuring for transactions and negotiations involving such property. We routinely secure and enforce intellectual property both domestically and abroad. Our lawyers assist clients with the practical concerns related to e-commerce and data retention, as well as provide cutting edge counsel in antitrust, unfair competition, counterfeiting, grey marketing and product diversion.

We regularly assist with technology transfers, including assignments, licensing and joint ventures, as well as protect proprietary information to avoid loss through employee departures, industrial espionage or other means. We have proven expertise in representing clients in trials and appeals in the federal and state courts, in arbitrations and in adversarial proceedings before the U.S. Patent and Trademark Office, the Federal Trade Commission and other tribunals and in industry investigations such as those before the National Advertising Division of the Council of Better Business Bureaus, Inc.

Entertainment and Media

Our Entertainment, Media and Communications lawyers have distinguished themselves with the ability to represent media companies on a global basis in multi-year television output licensing and joint venture agreements, including structuring satellite and cable platform deals for studios in Italy, Germany, France and Spain. By aiding in the creation of these programming opportunities, our lawyers are pivotal in offering studio clients both strategic and tactical guidance in international markets as well as in new emerging multimedia environments.

Our lawyers have also represented studios and production companies in licensing copyrighted film and television content and characters for distribution and merchandising opportunities in markets around the world. This work includes ensuring that proper measures are taken in U.S. and foreign jurisdictions to protect trademarks, copyrights and other intellectual property assets. Our clients in this area have included major studios as well as producers and distributors of very successful and lucrative syndicated series and films.

Labor and Employment

Labor and employment laws affect the entire legal relationship between employers and employees, beginning with the initial hiring process and expanding into every facet of daily operations, including job descriptions, wages, promotions, reviews, terminations, benefits, mergers and acquisitions, as well as the successful resolution of disputes pertaining to unfair labor practices and discrimination. Because the laws that apply to the labor and employment relationship are found at all levels – federal, state, county and even city – making sense of these often conflicting requirements is more of a challenge than ever for employers.

On many occasions, employers seek to “do the right thing” and yet do not realize they might be in violation of the law. Knowing what to do and when is a core competency of our Labor and Employment lawyers. With one of the largest Labor and Employment practices in the U.S., and a dedicated international employment and mobility law team, Sheppard Mullin advises employers in all aspects of employment counseling and litigation and also offers global audits (e.g. immigration) and benchmarking services. The strength and depth of our practice is rooted in our ability to provide a one-stop-shop and offer global clients strategic, practical and efficient advice.

Many of our multinational clients view our Labor and Employment practice as an extension of their in-house legal department, while our emerging and middle market clients rely upon the true depth of our expertise and the responsive service we are able to provide daily.

Tax, Estate Planning and Immigration

An intercontinental family with members scattered throughout the world, a foreign executive contemplating a transfer to the U.S. and a foreign investor with assets in the U.S. must be careful how their holdings are structured. Prudent estate and tax planning will result in significant tax savings for several generations. Sheppard Mullin counsels multinational clients on pre immigration tax matters and multi-jurisdictional estate planning, including:

Domestic estate planning following immigration
Formation of offshore companies and other vehicles to hold U.S. assets
Analysis of visa alternatives from a tax perspective
Development of pre immigration gifting strategies
Preparation of foreign generation skipping, dynasty and other trusts
Advice on U.S. reporting obligations regarding foreign accounts, trusts and transfers of funds
Analysis of income and estate tax treaties to minimize overall or double taxation