Cross-Border Update on Investing and Doing Business in the United States
Many non-US startup founders initially incorporate in their home country and then decide to reincorporate or create a subsidiary in the US. There are many advantages for foreign founders to move operations to the US,...more
Nearly every attorney has, at some point, been faced with an implausible exam question and thought to oneself: That would never happen. However, in practice, situations that are seemingly more convoluted than any exam...more
Even well-established companies can struggle to understand and comply with the U.S. laws that govern international trade. The challenges are greater still for new companies with limited experience doing cross-border business....more
The Internal Revenue Service (IRS) ruled that a taxable real estate investment trust (REIT) subsidiary would not be considered to be operating or managing certain senior living and healthcare facilities located outside the...more
On May 20, 2020, the Securities and Exchange Commission (the “SEC”) adopted amendments to the financial statement and other disclosure requirements related to acquisitions and dispositions of businesses, including real estate...more
Every five years, the Bureau of Economic Analysis (BEA) requires "U.S. Reporters" of certain foreign business interests to submit surveys on Form BE-10. This year the surveys, or requests for extension, must be submitted by...more
What You Need to Know about forming a company in the United States - Many foreign businesses want to sell their services or their products in the United States. This article is intended to provide an overview of the issues...more
The Trump Administration’s tariff wars may cause American companies to move operations offshore, with joint ventures in China one likely option. A joint venture with a Chinese partner can enable a company to respond nimbly...more
Many of our clients, most of which are closely-held U.S. businesses, are looking to expand their operations overseas. Some are venturing into foreign markets on their own, while others are joint-venturing with established...more
There are many reasons the great state of Texas is just that – great. One Texas truism (Texas translation – true or not) is that everything is bigger in Texas. I was reminded of a certain truism in the area of business ethics...more
I’m pleased to present my 9th annual list of this past year’s ten most significant business divorce cases. The list includes important appellate rulings by the First and Second Departments on dissolution of foreign business...more
Companies enjoying success in the U.S. often seek global expansion to gain strategic benefits from accessing new markets—new revenue potential, talent acquisition and increased brand awareness. Before replicating your...more
In their continued effort to crackdown on offshore activity, the IRS and Treasury released proposed regulations yesterday that target debt held by foreign partnerships. These regulations provide that debt held by foreign...more
As companies continue to look to invest in the United States from India, this webinar will focus on the creation of U.S. subsidiaries. Pepper partners James D. Rosener, chair of the firm’s International Practice, and Valérie...more
Are you proactively planning your expansion or are you reacting to a business opportunity? If you are reacting to a business opportunity, here is what I suggest you do. Start with doing diligence on your buyer/potential...more
One of the critical areas in due diligence for foreign business partners is determining who are the true owners of an entity....more
When entering new markets, it is common for companies to seek out and rely on local contacts to help navigate market structures and cultural issues. In some instances it is practically impossible—if not illegal—for a company...more
One of the strangest news stories over the past couple of months has been the Manti Te’o story. For those few people who have not heard the story, Te’o was fooled (or not) into believing that he was in an online relationship...more