International

Ulmer & Berne is actively involved in various aspects of an international legal practice.  The practice has increased significantly in recent years, in large part as a result of the need of our clients to become involved in cross-border transactions.

An international legal practice is not governed by any single code or body of law, but is inheritently multi-disciplinary. Accordingly, our lawyers with international experience are not confined to a single practice group and operate from each of the Firm’s offices. In each practice group, there are lawyers with significant experience in international transactions which insures that clients receive the full benefit of the Firm’s accumulated experience and skills.

Also, we recognize that the needs of non-U.S. clients are sometimes different from their U.S. counterparts, and our lawyers are particularly sensitive to those needs. Additionally, Ulmer & Berne has established relationships with attorneys, accountants and consultants around the world, including as a member of Lawyers Associated Worldwide (LAW). LAW is an association of more than 70 independent law firms located in over 80 major commercial centers throughout the world. Members of LAW are among the most prominent law firms in their respective jurisdictions, with both commercial and litigation practices that are geared to middle-market clients.

Acquisitions & Joint Ventures
Ulmer & Berne is actively involved in representing U.S. companies that are engaged in overseas acquisitions and investments. We have particular expertise in transactions involving Europe and Pacific Rim countries.

We also have experience in structuring joint ventures of all kinds in the United States and overseas, including multi-national ventures.  We advise on the appropriate form - whether a corporation, partnership or limited liability company - taking into account the relevant tax, financial and other issues which may affect the formation, operation, sale and dissolution of the venture.

International Taxation
As a result of our extensive tax practice, we are regularly involved in advising clients on the taxation of foreign subsidiaries and branches of U.S. corporations and the taxation of U.S. subsidiaries and branches of foreign corporations. We have significant experience advising on tax questions arising in connection with:

  • Establishing foreign sales corporations;
  • Establishing domestic international sales corporations and assisting clients in dissolving them;
  • Representing foreign nationals in establishing U.S. subsidiaries; and
  • Representing U.S. corporations doing business in Canada and Canadian corporations doing business in the United States.

Transfer of Goods, Services & Technology Transfer
We have particular experience in transactions involving international sales of goods and services and the transfer of technology through licensing agreements and otherwise. In the area of technology transfer, our lawyers structure, draft and negotiate a variety of agreements between domestic counterparts, including research and development joint ventures.

Government Regulations
We are experienced in advising clients on the application of foreign laws regulating or restricting various international transactions such as foreign asset control laws, Trade with the Enemy Act, Foreign Corrupt Practices Act, trade regulations, NAFTA and various customs, laws and procedures.

Individual Tax & Estate Planning
We provide tax and estate planning to non-U.S. individuals who may be temporarily or permanently residing in the United States. In particular, we are familiar with the establishment of qualified domestic trusts in order to deal with the issues that arise when a spouse is not a U.S. citizen. Our clients also include high net worth individuals who operate from many jurisdictions, even if they do not reside in the United States.

International Arbitration & Dispute Resolution
The international arbitration and dispute resolution practice at Ulmer & Berne helps clients successfully manage the arbitration process worldwide by representing and counseling corporate clients in commercial, joint venture, investment, insurance, licensing and construction disputes.

    

Attorneys
James M. Crane
Charles A. Crehore
John C. Goheen
Bradley D. Kaplan
Clayton L. Kuhnell
Michael A. Marrero
Christopher C. McCracken
Suzann R. Moskowitz
Brian M. O'Neill
Brian M. Power
Stanley D. Prybe
Eric M. Robbins
Wayne M. Serra
Michael D. Stovsky
Seth A. Voit
Frederick N. Widen

 

Clients

 

Representative Experience

Acquisitions & Joint Ventures

Advised clients in the negotiation of a contract with a large, established manufacturer in the People’s Republic of China where the U.S. client will sell to the Chinese company and install all of the necessary equipment for the Chinese company to manufacture U.S. company products, and in turn, the U.S. company will become the exclusive distributor for products manufactured by the Chinese company.

Advised clients on establishing a web-based company which will facilitate transfers of money from U.S. citizens to Chinese citizens through a Chinese affiliate.

Established joint venture companies for a U.S. Fortune 1000 company in Thailand, People’s Republic of China and Indonesia. The transactions included drafting and negotiating with the foreign joint venture partner, the documents needed to form a joint venture company to manufacture the U.S. company’s propriety products. Among  the documents need to close the transactions were an agreement for the establishment of a joint venture company, a technology license agreement, a technical service agreement, an export sales agreement and trademark license agreement.

Transfer of Goods, Services & Technology Transfer

Managed cross-licensing between a Fortune 1000 corporation and the world’s largest diversified manufacturer, services and technology corporation, for electromechanical devices controlling the world’s first remote satellite on-board fluids monitoring systems in diesel electric locomotives.

Supervised transfer and integration of trademarks for clients and certain other intellectual property as part of acquisition of a chemical business from a major international oil company.

Advised clients on “licensing in” of innovative electronic weapons technology that was subsequently obtained by a start-up company.

Represented a U.S. Fortune 1000 corporations in the licensing of its technology and trademarks to a newly formed joint venture company established in each of the countries of Indonesia, People’s Republic of China and Thailand.

International Arbitration & Dispute Resolution

Arbitrate dispute before the International Arbitration Tribunal of the American Bar Association, related to a commercial arrangement between a steel broker located in the Channel Islands and Mexico’s largest producer of liquid steel.

Negotiate and resolve disputes between a Chinese-American broker and the Chinese buyer of a U.S. steel mill.

Resolve disputes related to an international employment issues involving Germany and China.

 

Related Practice Areas

Litigation
Complex Business
Insurance Coverage
Intellectual Property
Trade Secrets/ Unfair Competition/Non-Competes

Business
Corporate Finance
Intellectual Property & Technology
Mergers & Acquisitions
Private Equity/Venture Capital

Tax
General Taxation

Real Estate
Acquisition & Development
Leasing
Real Estate Finance

Financial Services
Corporate Restructuring & Creditors' Rights

Technology
eBusiness
Intellectual Property/Licensing
Technology Transactions
Trademarks/Copyrights

Life Science
Biomed/Biotechnology
Intellectual Property/Licensing

 

Case Studies

 

Publications

Smart Business News
September 2005
"Focus on China: New Laws and regulations make it easier than ever to conduct business in the PRC"
Christopher C. McCracken
Ulmer & Berne_0905.pdf

Smart Business News
August 2005
"Home grown, Internationally"
Christopher C. McCracken
Ulmer & Berne_0805.pdf

 

 

News