The Global Business Group of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC represents U.S. and foreign clients all over the world in commercial and financial transactions. Our breadth of experience extends beyond business formation and into the structuring, financing and negotiation of joint ventures and complex business arrangements. We prepare licensing, distribution, agency and royalty agreements, and negotiate dispute settlements. We have extensive experience in U.S. regulation of international business, including export controls and customs requirements. We also provide analysis, counseling and advocacy for our clients regarding foreign investment and government regulations overseas, including corporate strategy planning and regulatory problem solving.
Our 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. Our depth extends far beyond our own walls. Members of our Global Business Group rely upon a well-established, extensive network of relationships with leading financial, accounting and legal professionals worldwide, who can provide access to opportunities around the globe and insight into local conditions that may have an impact on your business.
Our services include the following:
- Formulating the strategy that will help you tap new markets and grow your business
- Ensuring compliance with export controls, import regulations and Office of Foreign Assets Control (OFAC) requirements
- Identifying opportunities for and maximizing the success of mergers, acquisitions and joint ventures
- Preparing agency, distribution, joint venture and licensing agreements with foreign entities
- Training your company regarding import and export compliance as well as FCPA and OFAC compliance
- Preparing import and export manuals, due diligence questionnaires, Know Your Customs guidelines and FCPA policies and certifications
- Filing protests and resolving disputes with the U.S. government regarding classification and valuation
- Resolving problems and troubleshooting on the ground – anywhere the need arises.
- Acquiring global protection for your intellectual property
- Obtaining licenses relating to sanctioned countries, and deemed export reviews concerning Part 6 of United States Citizenship and Immigration Services (USCIS) Form I-129, Certification Pertaining to the Release of Controlled Technology or Technical Data to Foreign Persons in the U.S.
- Identifying project financing and establishing relationships with lenders and investors
International Arbitration
Our International Arbitration practice includes nationally and internationally recognized attorneys with the tactical and strategic experience and resources necessary to successfully manage complex international arbitrations and disputes. We offer multiple language skills, including Spanish, Chinese, Vietnamese, German, Turkish, Hindi, Urdu and Russian, and are able to call upon an active network of attorneys of various nationalities and backgrounds with substantial experience in Asia, Europe, Latin America and the Middle East. Baker Donelson is one of the 100 largest law firms in the United States, which allows us to select the optimum cross-office international arbitration team to suit the particular needs of our clients in arbitration disputes conducted under ICC, ICSID, AAA, UNCITRAL, LCIA and/or SMA rules.
We have represented state-owned entities, private companies and insurers in international arbitration disputes involving diverse areas such as business transactions, construction, energy, insurance coverage, oil and gas and transportation. In addition, our attorneys have served as arbitrators in international disputes, which gives us hands-on experience in an arbitral proceeding.
Japan Relations
Our work includes diplomatic negotiations with government and business representatives living and operating in Japan as well as their American counterparts. Baker Donelson has long emphasized relationships with Japanese companies, drawing on the work of former Senate Majority Leader, Chief of Staff to the President of the United States and former Ambassador to Japan, Howard Baker. With more than 30 years of trade and investment experience with Japan and our sensitivity to foreign cultural issues, our Firm's emphasis on extreme attention to detail and our knowledge of international relationships allow us to provide effective counsel to our Japanese clients.
Middle East Business Consulting
For U.S. and multinational companies, the Middle East and post-war Iraq offer a wealth of opportunity. But establishing and operating businesses there can be risky without the strategic guidance of professionals who know the region intimately and who can work closely with policymakers and regulators in the U.S. and overseas.
Our Middle East Group understands the region's laws, politics, culture and economy, gleaned from more than a century of combined experience working in the Middle East. Our Group includes the former U.S. Ambassador to Oman, G. Cranwell Montgomery and General Counsel to the American Turkish Council, Doreen M. Edelman.
For more than 20 years, we have successfully represented clients in this region, helping companies organize and operate businesses in Afghanistan, Iran, Iraq, Israel, Kuwait, Oman, Pakistan, Saudi Arabia and Turkey, as well as neighboring countries in Eastern Europe and Central Asia. Most recently, we have helped clients design and implement programs for participation in the reconstruction of Iraq and Afghanistan.
The services we offer include strategic business planning and development, public policy counseling and advocacy, regulatory advice and representation, and political and economic risk analysis. In everything we do, we place a premium on keeping our clients educated and informed.
Representative Matters
Transactions:
- Arranged for Chinese city to absorb $2 million in relocation costs for our manufacturing client whose plant was being displaced by local authorities.
- Represented a state-owned oil company in London arbitration proceedings resulting from breach of contract claims arising out of purchase of crude oil and related antitrust disputes.
- Extricated client from an adverse Chinese joint venture partner and forced the return of $10 million to the U.S. partner.
- Led an international effort to reclaim U.S. based instrument manufacturer's intellectual property when it was being infringed on in several Asian countries. Our effort included arranging for on-site raids by local authorities, engaging effective local counsel, and motivating successful intervention by the U.S. government
- Represented Japanese ship owners and underwriters in claims arising out of a collision in the Bay of Campeche, Mexico.
- Helped international media entertainment company win the bid for the first major large screen theater in China.
- Convinced the Chinese Government to change automotive parts design specifications to the benefit of our manufacturing client.
- Represented London Underwriters in an insurance coverage dispute under a builder’s risk policy arising out of the failure of heat pipe air heaters at an electrical generation facility in the United States.
- Represented Mexican fabrication company defending claims arising out of a platform construction and transportation contract.
- Represented Turkish company in breach of contract and tort claims arising out of a business consultancy agreement.
- Represented international company specializing in disaster restoration services arising out of the charter of a passenger ship to house contractors following a hurricane.
Importing/Exporting:
- Determining appropriate country of origin for labeling products coming into the U.S. and product qualifications under NAFTA and other trade agreements
- Designing and implementing effective multinational tax and financial structures, including the establishment of offshore corporations and trusts
- Determined Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) licensing requirements and filed license applications for deemed exports, dual use products (Bureau of Industry and Security [BIS] at Commerce), defense products (U.S. Department of State Directorate of Defense Trade Controls [DDTC]) and transactions in and with sanctioned countries. (Office of Foreign Assets Control[OFAC]).
- Designing and implementing import and export compliance programs and training for companies (including export controls, FCPA, Patriot Act and anti-boycott requirements).
- Representing clients in enforcement proceedings for FCPA and export control violations and preparing voluntary disclosures.
- Determining import valuation, duty rate and tariff classification (including NAFTA) for imported items.
- Representing clients in antidumping, countervailing duties and Section 337 cases and evaluating the application of such investigations for clients.
- Representing clients in U.S. Customs audits and defending companies in seizure, enforcement and penalty proceedings.
Baker Donelson's experience in working with Japan:
- Represented Japanese and affiliated companies in trade-related issues before Congress and the Executive Branch regarding government regulation of trade, including customs, antidumping, NAFTA and rules of origin.
- Former partner serving as Governor of Tennessee initiated a major trade and investment program with Japan that resulted in major Japanese investments in the state and a Baker Donelson appreciation and support for such investments.
- Represented a major Japanese company before the Committee for Foreign Investment in the United States in the successful acquisition of a U.S. company involved in business related to U.S. national security.
- Represented a major Japanese automobile manufacturing company in its successful efforts to set up a Foreign Trade subzone. Representation included the management and prosecution of the application for the subzone through the U.S. Department of Commerce.
- Represented Japanese insurance company with respect to bilateral discussions regarding access to the Japanese market by companies in the United States seeking a business relationship.
- Represented several major U.S. companies in efforts to do business in Japan as well as various contract and transactional projects between Japanese and U.S. companies.
- Represented U.S. chemical company in its efforts to obtain licensing agreements with a Japanese company.
- Represented Japanese automobile manufacturer with successful outcome in safeguards case against Japanese imports.
- Served as counsel to a major Japanese auto parts supplier in an anti-dumping action.
- Assisted airports in increasing their access to international aviation markets, including Japan.