Pepper Hamilton LLP represents major national and multinational corporations, emerging businesses, foreign governments, trade associations, nonprofit organizations, entrepreneurs and individuals. We provide U.S. and foreign clients with the legal services necessary to structure, negotiate and document business transactions; resolve disputes through litigation, arbitration or negotiation; and comply with (and help to shape) government regulations.
The International Practice Group is a multidisciplinary group of lawyers representing U.S. and non-U.S. corporations in a variety of practice areas. Our international practice has three primary components:
We regularly render advice about:
Through our years of working on international matters, we've developed strong relationships with legal counsel in many countries. We pride ourselves in working with some of the best lawyers in the jurisdiction, not just a lawyer who happens to be resident in a nearby office. As business operates on an increasingly global scale, we believe such relationships will be very useful and important for clients.
All lawyers in the International Practice Group are experienced in representing U.S. and non-U.S. corporations in a variety of international matters. Many have lived and worked abroad and/or are fluent in foreign languages, and some have worked at the U.S. State Department. Our lawyers also are leaders in international bar and chamber of commerce organizations.
Helping Non-U.S. Entities Succeed
Pepper's international work covers the range of legal issues confronting domestic and foreign companies making strategic investments in the United States and abroad. We represent foreign clients in the acquisition of U.S. companies, as well as in dispositions of their U.S. operations. We also represent numerous domestic subsidiaries of foreign corporations.
We regularly advise on:
In addition to handling strategic acquisitions for foreign clients, we represent financial institutions in complex loans and loan workouts, as well as sovereign credit workouts, including debt swaps and sales and debt-for-equity conversions. We have represented foreign governments in debt reschedulings and refinancings with commercial banks and official creditors and in the drafting and negotiation of a range of commercial agreements.
Helping U.S. Companies Grow Overseas
Pepper represents many U.S. clients with operations in other countries, facilitating acquisitions of or direct investments in foreign companies as well as the financing of overseas projects by private sources, governments and international development agencies. We render advice on international trade and export control and Customs issues involving U.S. regulatory agencies as well as foreign government agencies.
Cross-Border Transactions, Joint Ventures and Technology Transfer
We help clients structure, negotiate and document business deals, joint ventures and corporate partnering arrangements across national borders. Our clients include domestic and international corporations and entrepreneurs seeking to develop long-term arrangements for the development and marketing of new technologies and products.
Effective representation in cross-border transactions requires a firm grasp of the law and business culture in all the nations involved. Our international lawyers are experienced in helping clients in most of the United States' major trading partner nations. In the area of technology transfer, our lawyers structure, draft and negotiate a variety of agreements between domestic companies and their foreign counterparts, including research and development joint ventures, territorially-defined licensing arrangements, multi-state distributorships and equity arrangements.
International Trade Practice
We monitor and participate in legislative and regulatory activities that affect international trade generally and the specific interests of our clients. We represent foreign and domestic clients and private companies and governments. Our international trade practice encompasses three broad areas: international trade litigation; customs and import restrictions; and export controls and economic sanctions. Most client matters are not limited to just one of these categories, but require skill in two or even all three to reach successful resolution.
International Trade Litigation
Our international trade litigation experience includes antidumping and countervailing duty investigations and reviews, Section 337 investigations, Section 201 “Safeguard” cases and Section 301 actions. We have represented clients in proceedings under the World Trade Organization (WTO) agreements and before the U.S. Department of Commerce, the U.S. International Trade Commission, the Office of the U.S. Trade Representative, the U.S. Court of International Trade, the U.S. Court of Appeals for the Federal Circuit and the U.S. Supreme Court.
Pepper also has considerable experience with patent disputes before the International Trade Commission, which hears disputes involving imported goods under Section 337 of the Tariff Act of 1930. These cases almost always involve complex technologies, and usually are for big stakes – either shutting out foreign competitors that violate U.S. IP rights from the U.S. market, or preserving an importer’s access to the U.S. market. The ITC also has expedited scheduling requirements – cases often must be ready for full trial within 180 days. Pepper’s team includes former ITC attorneys who are fully familiar with this unique forum and have a record of success representing clients before the ITC.
Customs and Import Restrictions
We advise clients on compliance with U.S. customs laws and represent clients in administrative proceedings under those laws. We assist clients in making determinations or obtaining rulings from the U.S. Customs and Border Protection (CBP) regarding the classification, valuation and marking of merchandise.
Export Controls and Economic Sanctions
We represent foreign and domestic companies on export control issues and economic sanctions before the Directorate of Defense Trade Controls of the U.S. Department of State, the Bureau of Industry and Security of the U.S. Department of Commerce, and the Office of Foreign Assets Control of the U.S. Department of Treasury.
Our goal is to advise clients on how to comply with the complex laws in these areas and on how to handle those situations where they have failed to comply. Toward this goal, we use our experience counseling on such matters as commodity jurisdictions, classifications, licenses, compliance programs and audits, as well as voluntary disclosures and enforcement actions.