AGG Talks: Cross-Border Business Podcast Series

Our podcast series, “AGG Talks: Cross-Border Business,” is hosted by Mike Burke, AGG Corporate partner, co-chair of the International practice, and administrative partner of the firm’s Washington, D.C. office. Mike is joined by fellow AGG attorneys and experts in cross-border business to discuss legal issues impacting both inbound and outbound foreign investment.

Episode 28: How Life Sciences Companies Can Create a Culture of Compliance When Expanding to the U.S. Market

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International practice, is joined by David Blank, AGG Healthcare partner, to discuss how foreign life sciences companies can proactively address healthcare compliance challenges when expanding into the U.S. market.

Mike and David cover key fraud and abuse laws, including the False Claims Act, the Anti-Kickback Statute, Physician Self-Referral Law (Stark law), and the Civil Monetary Penalties Law, and highlight common mistakes companies make and the severe penalties for non-compliance. As regulatory issues can be incredibly costly and disruptive to a business, Mike and David emphasize the importance of establishing a strong compliance culture from the start.

Episode 27: U.S. Healthcare Reimbursement Guidance for Foreign Life Sciences Companies

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International practice, is joined by Andrew Tsui, AGG Healthcare Litigation partner, to explore the intricacies of reimbursement in the U.S. healthcare system. Mike and Andrew discuss challenges foreign life sciences companies face related to Medicare and Medicaid reimbursement, the regulatory hurdles involved, and common pitfalls to avoid. They also highlight the importance of understanding compliance requirements, enforcement mechanisms, and the role of federal agencies in shaping payment determinations.

Episode 26: U.S. Enforcement Trends Targeting Foreign Pharmaceutical and Medical Device Manufacturers

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International practice, is joined by Gabe Scannapieco, AGG Litigation & Dispute Resolution partner, to discuss enforcement trends affecting foreign pharmaceutical and medical device manufacturers. Mike and Gabe explore the increasing regulatory scrutiny on overseas facilities, the role of U.S. agencies in compliance and inspections, and practical steps companies can take to mitigate legal and operational risks when entering the U.S. market.

Episode 25: Venture Capital Trends and Fundraising Strategies for Foreign Startups Expanding to the U.S.

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International practice, is joined by Paula Nagarajan, AGG Corporate partner, to discuss trends in the U.S. venture capital market and fundraising considerations for foreign startups expanding across borders. Mike and Paula highlight varying investment approaches and industry focuses in different geographic regions in the U.S., the importance of strong formation documents, and strategies for securing funding. They also highlight practical steps that founders can implement when pitching their company and building valuable industry relationships.

Episode 24: Preparing Employers for Immigration Policy Changes Under the Trump Administration

In this episode, Mike Burke, AGG Corporate partner and co-leader of the firm’s International practice, is joined by Teri Simmons, AGG Global Mobility chair, to discuss potential changes under the Trump administration to business immigration policies and the impact on foreign nationals working in the United States. Mike and Teri address critical compliance strategies for employers, risks posed by potential travel bans and temporary protected status revocations, and heightened scrutiny on work visas. They also provide guidance on how companies can prepare for audits and enforcement actions while minimizing business disruptions.

Episode 23: Shaping Georgia’s Energy Landscape: Insights From Commissioner Tim Echols

In this episode, Rebecca Davis and Caroline Magee, leaders of AGG’s ESG team, are joined by Georgia Public Service Commissioner Tim Echols to discuss the role of energy in the future of Georgia’s economy, as well as what U.S. and international companies interested in doing business in Georgia should know. Together, they offer a look at the state’s approach to renewable energy, data centers, EV infrastructure, and the integration of agriculture with solar innovation.

Episode 22: What Global Companies Need to Know About Navigating FDA Regulations and U.S. Market Entry

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International Initiative, is joined by Alan Minsk, AGG Food & Drug chair, to unpack the intricacies of working with the Food and Drug Administration (“FDA”). Mike and Alan dive into common mistakes companies make when engaging with the agency and highlight the importance of preparation and strategic timing. They also discuss challenges concerning cross-border approvals, customs, and diverse regulatory systems worldwide.

Episode 21: The 2024 U.S. Election’s Impact on ESG Regulations

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International practice, is joined by AGG Environmental co-chair Rebecca Davis and AGG Real Estate of counsel Caroline Magee to explore the future of environmental, social, and governance (“ESG”) issues following the 2024 U.S. election. As the political and regulatory environment shifts, Mike, Rebecca, and Caroline discuss the challenges businesses face in navigating conflicting federal and state regulations. They also examine the potential impact of policy changes on environmental justice, infrastructure investments, and the electric vehicle (“EV”) sector. With a focus on practical strategies, they offer insights into how companies can effectively manage ESG-related risks and maintain resilience amid changing regulations.

Episode 20: Mastering ITC Section 337 Investigations

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International practice, is joined by Andrew Beverina, AGG Litigation & Dispute Resolution and Intellectual Property of counsel and former International Trade Commission attorney, to discuss the complexities of ITC Section 337 investigations. They explore strategies for companies facing import disputes, the nuances of the ITC’s review process, and best practices for responding to investigations. Together, they highlight effective strategies for navigating intellectual property challenges in international trade.

Episode 19: The Rise of Korean Investment in the Southeast U.S.

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International practice, is joined by AGG International Arbitration partner Lance Lee to discuss Korea’s booming investment in the southeastern United States. Mike and Lance shed light on the decision-making process behind Korean companies’ U.S. expansion and why states like Georgia are prime targets for overseas investors. They also discuss the challenges Korean businesses face in terms of regulations and workforce integration and the cultural nuances of managing cross-border operations.

Episode 18: Navigating U.S. Sanctions and Their Implications for Non-U.S. Individuals and Entities

In this episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, is joined by Allison Raley, AGG Emerging Technologies co-chair and Certified Global Sanction Specialist, to analyze U.S. export controls and sanctions. They examine enforcement mechanisms, compliance challenges, and risk mitigation strategies, including the application of U.S. sanctions to non-U.S. companies and the nuances of facilitation and voluntary disclosures.

Episode 17: Scaling Success: Hanley Energy’s Journey From Ireland to the U.S.

In this episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, sits down with Clive Gilmore, co-founder of Hanley Energy, to explore Hanley Energy’s journey from Ireland to the United States. Mike and Clive examine the strategic decisions that fueled its cross-border success, from inception in an Irish incubation center to establishing a prominent presence in the U.S. market. They also discuss the challenges encountered, growth strategies implemented, and the pivotal role of strategic partnerships in shaping Hanley Energy’s trajectory.

Episode 16: The Political and Legal Maze of ESG in the U.S. and Abroad

In this episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, is joined by Rebecca Davis and Caroline Magee, leaders of AGG’s ESG team, to unpack the challenges and opportunities of environmental, social, and governance (“ESG”) issues in the U.S. Despite being a well-known term, ESG lacks a shared definition and is surrounded by political and regulatory challenges. Mike, Rebecca, and Caroline discuss the uncertain waters of ESG, how companies can balance state and federal regulations that are often at odds, and the impact of ESG on businesses and investors. They also explore the differences between ESG in the U.S. and EU and provide insights on how companies can effectively manage ESG-related risks.

Episode 15: What Foreign Investors Need to Know About U.S. Independent Contractor Laws

In this episode, Mike Burke, AGG Corporate partner andco-chair of the International practice, is joined by Megan Mitchell, AGG Employment Law partner, to discuss the complexities of classifying independent contractors in the United States. Mike and Megan cover the intricacies foreign investors and U.S.-based employers face in distinguishing between independent contractors and employees. Megan shares her extensive experience in advising employers on compliance concerns and management-side defense work, providing valuable insights into the legal definitions, regulatory changes, and potential consequences of misclassification.

Episode 14: Resolving Cross-Border Conflicts Through International Arbitration

In this episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, is joined by his fellow co-chair of the International practice, Glenn Hendrix, who also serves as a partner in AGG’s International Arbitration and Healthcare practices. Mike and Glenn take a deep dive into the complexities of resolving disputes in cross-border agreements. Together, they explore the challenges and considerations when selecting arbitration venues, the advantages of arbitration over traditional court systems, and the nuances of different arbitral institutions. They also share insights into interim measures during arbitration, the importance of language in arbitration clauses, and the growing relevance of arbitration in an increasingly polarized world.

Episode 13: Tips and Tricks for Foreign Investors Employing U.S. Personnel

In this episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, is joined by Henry Perlowski, AGG Employment Law co-chair, to discuss various challenges foreign investors may encounter when employing U.S. personnel and how to overcome them. Mike and Henry address employment contracts, wage and hour issues, conducting due diligence on potential U.S. hires, managing performance issues, and more.

Episode 12: A General Counsel’s Map for International Business Expansion

In this two-part episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, is joined by Allison Raley, AGG Emerging Technologies and Women in Tech Law co-chair, to discuss what general counsels should consider when their companies are seeking international expansion.

Allison, a former GC of a tech company, brings first-hand experience to the conversation, which touches on the importance of maintaining strong relationships with regulators, prioritizing key jurisdictions for expansion, setting up local in-house counsel for success, and compliance with differing annual reporting requirements.

Allison also provides her thoughts on key steps emerging companies can take to increase their chances of success in a foreign market.

Episode 11: A Deep Dive Into Brand Ireland

In this episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, is joined by Lorna Conn, CEO of talent solutions organization Cpl, to discuss “Brand Ireland.” Mike and Lorna look at the ethos of the island of Ireland, the importance of education in the Irish economy, Ireland’s foreign direct investment into the U.S., and more.

Episode 10: How Foreign Companies Can Protect Their IP and Brand in the U.S.

In this episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, is joined by Anuj Desai, AGG Intellectual Property partner and head of Trademarks, to discuss the steps non-U.S. companies can take to protect their IP as they prepare to expand into the U.S. and provide guidance on how to handle trademark issues.

Episode 9: Navigating Business Etiquette and Intercultural Communications Around the Globe

In this episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, is joined by Terri Morrison, best-selling author of Kiss, Bow, or Shake Hands, for a discussion on intercultural communications and best practices for professionals doing business in foreign countries. They cover the nuances of business etiquette and entertainment from various countries around the globe.

Episode 8: Privacy & Cybersecurity Considerations for Non-U.S. Companies

In this episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, is joined by Jackie Cooney, AGG Privacy & Cybersecurity co-chair, to discuss privacy and cybersecurity issues impacting non-U.S. companies with regard to their operations in the U.S.

Episode 7: Trans-Pacific Business: Australia and the U.S.

In this two-part episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, is joined by Gadens partner John Kettle to discuss trans-pacific business expansion and doing business in Australia.

Episode 6: Immigration Insights for Companies Expanding Into the U.S.

In this two-part episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, is joined by Teri Simmons, director of AGG’s International/Immigration practice, to discuss immigration matters relating to companies expanding into the U.S. They also address immigration issues companies should consider while preparing for such endeavors.

Episode 5: Enterprise Ireland and U.S. Market Entry

In this episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, is joined by Leo Clancy, CEO of Enterprise Ireland, to discuss Enterprise Ireland’s investment approach to high-performing Irish companies, as well as the challenges Irish companies are experiencing as they expand to the U.S.

Enterprise Ireland is the state agency that helps Irish companies to start, scale, and grow globally. As the agency’s CEO, Leo is responsible for more than 800 professionals who help Irish-owned businesses maximize their potential and contribution to the economy.

Episode 4: Economic Incentives for Foreign Companies Entering the U.S.

In this episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, is joined by AGG Economic Development & Public Finance attorneys Andrew Schutt and Ansly Moyer to discuss economic incentive programs available for foreign companies entering the U.S.

Andrew is a partner in AGG’s Corporate & Finance practice and chair of the Economic Development & Public Finance team. He counsels fast-growing companies through complex issues, including corporate formation and governance, mergers and acquisitions, outsourcing agreements, licensing transactions, private offerings, and venture capital investments.

Ansly is a partner in AGG’s Corporate & Finance practice and member of the Economic Development & Public Finance team. She focuses her practice on representing corporate, not-for-profit organizations, and governmental clients in various roles on public finance transactions, including as bond counsel or underwriter’s counsel.

Episode 3: Navigating Inbound Franchising in the U.S.

In this episode, Mike Burke, AGG Corporate partner andco-chair of the International practice, is joined by Erica Tokar and Leah Braukman, attorneys in AGG’s Corporate practice, to discuss inbound franchising of foreign franchisors in the U.S.

Erica is of counsel in the Corporate practice, with a focus on guiding franchisors through a variety of transactional franchise matters. She has negotiated international transactions in markets around the world across a variety of industries.

Leah is a partner in the Corporate practice. She represents private and public companies in a variety of transactional and securities matters, including mergers and acquisitions, private and public offerings, SEC compliance issues, and corporate governance matters.

Episode 2: Corporate Considerations for Scaling Across Borders

In this episode, Mike Burke, AGG Corporate partner and co-chair of the International practice, continues his conversation with Sean King, founder and president of Align Global Consulting Inc., on considerations for foreign companies when scaling to the U.S. Mike and Sean discuss corporate-related issues, including choice of entity, state of formation, and corporate governance.

Episode 1: U.S. Tax Considerations for Scaling Across Borders

In this episode, Mike Burke, AGG Corporate partner andco-chair of the International practice, explores U.S. tax considerations for foreign businesses scaling to the U.S., including issues such as the branch profits tax and the impact of U.S. tax treaties. Mike is joined by Sean King, founder and president of Align Global Consulting Inc. Sean has more than 23 years of experience advising U.S. and foreign companies on structuring cross-border ventures, mergers and acquisitions, supply chain management, cross-border financing, and transfer pricing matters, including the international licensing of intellectual property.