International
Overview
Global Experience and Multilingual Support
With decades of experience, AGG is strategically positioned to engage with clients on inbound and outbound business initiatives. Our multilingual team, consisting of dual citizen attorneys and former regulators, global legal executives, and compliance specialists, is particularly qualified to navigate the complexities of international business. We employ attorneys and paralegals fluent in Dutch, French, German, Gujarati, Hebrew, Hindi, Italian, Korean, Polish, Portuguese, and Spanish.
Through our active involvement in cultural and business initiatives and our role as general counsel to numerous international chambers of commerce, we provide our clients with comprehensive and tailored support to achieve their objectives.
Comprehensive Industry Coverage
We represent clients across a diverse range of industries, including healthcare and life sciences, real estate, financial institutions and cross-border payments, emerging technology, manufacturing, logistics, and renewable energy. Our comprehensive legal services encompass corporate law, cross-border regulatory compliance, economic incentives, employment law, global mobility, government investigations, intellectual property, international arbitration, litigation and dispute resolution, privacy and cybersecurity, risk assessments, and tax law. This breadth of experience allows us to address the full spectrum of legal needs for businesses operating in today’s complex environment.
Commitment to Global Success
AGG places a high value on cultivating strong relationships with law firms around the world. Our long-term and active membership in the International Bar Association, American Bar Association International Law Section, Employment Law Alliance, and Legalink enhances our capability to offer clients seamless international analysis. Through our robust referral network, we are dedicated to supporting and advocating for our clients with the highest standard of legal services.
Representative Markets
Additional Specialties
- Global CommerceAGG has assisted hundreds of foreign companies structure and prosper in their business engagements in the United States. We assist our clients in mitigating risks with an emphasis on lean, efficient, and practical structures that allow them to capitalize on the opportunities presented by U.S. markets. We emphasize entering the U.S. with a flexible, practical plan in place, as opposed to reacting piecemeal to the onslaught of issues that arise during market entry and operational projects.
- Export ControlsWe have a unique capability to provide the full spectrum of representation and counseling in the field of U.S. export controls, including economic embargoes and trade sanctions, general export controls, technology transfer restrictions, and anti-boycott regulations. We have significant experience advising on matters arising under the U.S. Office of Foreign Assets Control ("OFAC") sanctions programs, Export Administration Regulations ("EAR"), International Traffic in Arms Regulations ("ITAR"), U.S. Antiboycott Regulations, and other U.S. and international laws and regulations governing trade, payments, and investment transactions.
- Inbound Foreign InvestmentWe actively assist foreign companies and individuals in their growth strategies in the U.S., offering a multidisciplinary approach that encompasses real estate, corporate, immigration, litigation, and intellectual property teams. We offer practical advice and are well known for our interest in thinking as the client and learning about their various subtleties and needs.
Experience
- Assisted a European manufacturer in the life cycle of its North American joint venture, including market entry, resolution of partner disputes, and eventual termination while protecting assets and avoiding litigation.
- Represented various U.S. subsidiaries of foreign manufacturers in the automotive and renewable energy supply chains in establishing U.S. operations and negotiating commercial agreements with major OEMs.
- Provided counsel to a multinational security software company on structuring a holding company to protect core IP assets, drafting worldwide licensing agreements, and acquiring a U.S.-based service provider.
- Represented international freight forwarder JAS Worldwide in connection with its global restructuring.
- Represented Conglobal Industries in connection with its Central American joint ventures.
- Represented Sysco Corporation in its joint venture and acquisition of Costa Rican and Mexican food service distributors.
- Represented Mayca Distribuidores in its expansion into Panama.
- Advised a German medical products manufacturer and a Taiwanese subsidiary on acquisitions, joint ventures, and corporate governance in the U.S., Canada, and Taiwan.
- Represented Chinese-owned business entities in complex international arbitration involving ownership, intellectual property, and unfair competition disputes under JAMS Arbitration Rules, including preparation and examination of Chinese-language witnesses.
- Represented Chinese manufacturers in ICDR arbitration and parallel state court litigation involving the termination of North American distributors and recovery of intellectual property, securing injunctions to protect client trademarks.
- Achieved dismissal of international conspiracy claims against an Israeli citizen in a multi-jurisdictional dispute involving five countries and three continents.
- Represented foreign plaintiffs in a RICO action against both foreign and domestic defendants in the U.S. District Court for the District of Massachusetts.
- Secured a complete defense award and recovery of costs and fees on behalf of a national food broker in a Paris-based proceeding.
- Defended a German manufacturer of textile machinery in a U.S. personal injury/products liability suit.
- Served as lead counsel for a major Swiss energy and power plant manufacturer in obtaining favorable judgment for a breach of complex joint venture project. The international arbitration was heard before the Korean Commercial Arbitration Board (“KCAB”) and involved large scale damages arising from construction of gas turbines for an energy supplier. Obtained the full amount of the damages claim for the client and participated as lead arbitration counsel throughout the arbitration proceedings. Issues in arbitration involved force majeure, nonacceptance of delivery, cancellation of contracts, and nonpayment by buyer in breach of main contract.
- Successfully represented a South Korean top 10 global conglomerate in a large-scale international arbitration before the International Chamber of Commerce (“ICC”), involving a multinational conglomerate and two overseas corporate consortium members resulting from a large-scale sale of a financial services company. Issues involving interpretation of terms of consortium and obligations of consortium members in the sale and purchase of financial corporation. Given the multiple contracts and complexity of issues involved, this arbitration was also cited as one of the largest contract disputes heard before the ICC.
- Successfully represented a top South Korean automobile manufacturer as arbitration counsel in an international arbitration before the International Chamber of Commerce (“ICC”). Won full amount of claimed damages for client, involving issues arising from breach of joint venture agreement, damages due to nonfulfillment of regulatory approvals and financial obligations, misappropriation, piercing the corporate veil, and failure to build factory facilities for an automobile plant in Brazil.
- Obtained favorable judgment as lead counsel in ad hoc international arbitration involving the State of Texas’ arbitration statutes. Defended as lead counsel a global biotech corporation in breach of joint venture partnership and technology license agreement against one of the major global stem cell development corporations. Secured favorable arbitral award for client by recovering full intellectual property ownership of client’s core biomedical technology and obtaining new favorable technology license terms.
- Represented one of the world’s largest shipbuilding companies as lead counsel in a Singapore International Arbitration Centre (“SIAC”) international arbitration involving issues of joint venture partnership terms, quality of coal supply, and coal mine development. Key issues in dispute involved the obligations of joint venture parties in providing regulatory support and governmental approvals for a coal mining project, and necessary infrastructure to carry out terms of the main contract. Obtained final award for the full amount of damage claims for client. This SIAC arbitration was seated in Singapore under Indonesian laws and involved technical and legal experts in Indonesian laws.
- Successfully represented a top five global shipbuilding company in international arbitration before the London Court of International Arbitration (“LCIA”) for breach of shipbuilding contracts involving the manufacture of commercial vessels. Issues involved compliance with shipbuilding contract requirements, proper invocation of termination clauses, and issues pertaining to technology licenses applied in the building of vessels. Resolved matters relating to the financing of the construction of vessels and worked with ship financing experts to arbitrate all aspects of a shipbuilding project, including negotiation of ship finance agreements, financing mechanisms, and details of shipbuilding agreements based on industry standards.
- Served as lead arbitration counsel for a global chemical company in an international arbitration before the International Chamber of Commerce (“ICC”) against a major chemical company based in South Korea. The arbitration claim involved the laws of the Republic of Korea and was brought by the client for large-scale damages due to a breach of contract. Other key issues in dispute involved misuse of technology and terms of the technical license agreement.
- Represented a top Korean shipbuilding company in an arbitration before the London Court of International Arbitration (“LCIA”) against a ship buyer in a dispute pertaining to a large-scale vessel construction project and delivery. LCIA arbitration involved claims against a purchaser, delivery delay issues, shipbuilding quality standards, commercial damages due to breach of shipbuilding contracts, and interim relief pursuant to the pertinent rules of international arbitration.
- Represented a global steel company in an international arbitration before the Hong Kong International Arbitration Centre (“HKIAC”), involving a major contract dispute against a Chinese supplier of steel parts under the HKIAC Rules of International Arbitration. Arbitration arose from noncompliance with payment obligations and assertions of product quality. Obtained damages for the client in issues involving breach of contract, failure to deliver, interpretation of quality standards under main contract, and interpretation of industry standards on steel quality and acceptance of delivery terms.
- Advised U.S. SaaS company in connection with export classification and encryption registration of main service offering, and license application to export service to international humanitarian non-governmental organization in Syria.
- Counseled U.S. logistics software developer on facilitation risk under U.S. sanctions and embargo programs associated with service model, and filed export license request to Office of Foreign Assets Control.
- Developed an export control compliance program for Texas liberal arts university.
- Advised U.S. biopharmaceutical company by auditing of its distribution network and implementing its U.S. export control compliance policy and program.
- Designed U.S. export compliance and anti-money laundering programs for global payments processing company.
- Advised U.S. defense articles manufacturer on deemed export issues, and made license filings to employ foreign nationals in positions requiring disclosure of controlled technical data.
- Advised U.S. manufacturer of defense articles and provider of defense services on sales to Turkey and Saudi Arabia, including FCPA and U.S. export control compliance in connection with such transactions.
- Over 30 years of experience in managing U.S. legal matters for global manufacturer of plastic products in the pharmaceutical industry.
- Over 25 years of experience in the representation of global manufacturers, distributors, and suppliers on permanent, temporary, and project-based secondment of employees.
- Over 30 years of experience in global mobility management within the logistics industry, focusing on visa and employee posting matters.
- Manages Global Employment Contracting for Expats.
- Represented the Atlanta Committee for the Olympic Games, Inc., in connection with global immigration matters, processing thousands of visas in the areas of broadcasting, IT, culture, the arts, and athletics.
- Led and resolved a cross-border trademark infringement dispute in the life sciences space representing the interests of parties from the United Kingdom, Canada, and Israel against a U.S.-based party’s trademark infringement enforcement efforts. The dispute involved the U.S. party’s efforts to register and enforce a phrase that our clients deemed to be wholly descriptive and incapable of functioning as a mark. Based on investigative research and an aggressive inter partes proceeding lodged with the USPTO Trademark Trial and Appeal Board, AGG was able to swiftly secure a resolution in favor of our clients.
- Led the defense of cross-border trademark infringement and inter partes opposition disputes for a global furniture manufacturer against a global mattress manufacturer and a European furniture manufacturer. The disputes originated in Europe and the United Kingdom, but ultimately spilled over to the United States. With the aid of local counsel abroad, AGG was able to bring counter-actions in the United States and ultimately negotiate settlements of each dispute that met the client’s business objectives while preserving its trademark rights and brand expansion plans.
- Responsible for managing day-to-day coordination and enforcement of large worldwide trademark portfolios of several commercial and consumer products companies, including leading all litigation and inter partes proceedings that arise.
- Managed trademark opposition and cancellation proceedings for consumer goods companies in Canada, Australia, and other countries.
- Represented global software manufacturers in defending claims related to breaches of representations and warranties, and provided coverage advice in high-stakes copyright and trademark disputes.
- Successfully settled defense of Japanese wet wipe innovator in cross-border trade secret litigation pending in federal court against large U.S.-based conglomerate wet wipe manufacturer, stemming from unsuccessful joint development project.
- Represented and helped obtain a multimillion-dollar judgment, inclusive of punitive damages and attorneys’ fees, on behalf of South American food company in lawsuit for fraud and rescission. The lawsuit involved complex discovery involving international logistics and foreign entities in numerous countries.
- Led representation of global specialty vinyl manufacturer in federal lawsuit and TTAB cancellation proceeding brought under the Lanham Act and related state laws against unauthorized reseller defendants who engaged in trademark infringement and false advertising by, among other things, incorporating our client’s mark into their own federally registered mark. The matter was successfully settled in our client’s favor during the discovery period.
- Represented UK-based IP Pragmatics, one of the world’s leading consulting and services companies for Tech Transfer and Intellectual Property Management, in its sale to Wellspring.
- Assisting a Canadian biopharmaceutical company with commercialization efforts in the U.S.
- Advising a German biotechnology company on their entry into the U.S. market, including corporate structuring and global mobility matters.
- Supporting German life sciences company with FDA regulatory compliance and corporate negotiations involving a U.S. distributor.
- Assisting an Israeli cosmetic company in addressing FDA registration issues, ensuring its products meet U.S. regulatory standards.
- Represented a seller of U.S.- and UK-based pharmaceuticals marketing company.
- Represented Orkin, LLC in its international expansion into over 70 countries through franchising
- Counseled dozens of European and Asian companies on U.S. market entry strategies, including protecting key assets from U.S. legal risks, and advising on general business setup, employment, and visa matters.
- Represented a Latin American energy fund in investment rounds totaling $40 million with participation from the International Finance Corporation, Latin America Infrastructure Fund, and U.S. utilities.
- Guided a U.S. supplier of performance auto components in the acquisition of a German competitor and a French insurance company in restructuring its Latin and South American subsidiaries.
- Provided legal assistance to U.K. and Boston-based hedge funds in PIPE investments in NASDAQ-listed companies.
- Assisted an Austrian manufacturer in establishing a $40 million North American headquarters, securing $20 million in incentives and tax abatements, and creating 700 jobs.
- Supported a German producer of steel production components in establishing U.S. manufacturing facilities, securing local financing, and facilitating the eventual sale of the U.S. operation.
- Represented multiple foreign investors in structuring joint ventures with U.S. companies for significant real estate acquisitions, including a $45 million commercial condominium in New York City and a $45 million multifamily apartment project in San Antonio, Texas.
- Provided long-term representation to a major international real estate company in transactions totaling $8 to $10 billion, involving the purchase, sale, and financing of various properties, including shopping centers, retail, industrial, and office buildings. This included forming, operating, and dissolving joint ventures, with transaction sizes ranging from $20 million to $325 million.
- Assisted a Japanese manufacturing client with site selection, environmental due diligence, and obtaining economic incentives and environmental permits for the construction of a new plant in Georgia.
- Represented international investors in the acquisition and financing of multiple retail sites in Virginia and Georgia, and facilitated the acquisition, co-investment, and eventual sale of a major real estate advisor and related assets for approximately $560 million.
Recognition
AGG’s attorneys are recognized internationally for their work by a number of publications, including Chambers Global, International Finance Law Review, and World Trademark Review. Additionally, our attorneys are regularly appointed to leadership positions in organizations such as the International Bar Association, International Trademark Association, International Council of Shopping Centers, and Sister Cities International.
Glenn Hendrix, AGG International practice co-chair, is also a recipient of the 2024 ABA International Section Lifetime Achievement Award.
News & Insights
- EventsTycho Stahl to Speak at ICS USA Consultation DayNovember 20, 2024 | Speaking Engagements | Graz
- EventsAGG to Host SACC-Georgia’s Navigating Nordic Excellence – Atlanta Nordic Business MixerOctober 29, 2024 | Conferences | Atlanta, Georgia
- EventsTycho Stahl to Serve as Panelist on InvestBA ProgramOctober 15, 2024 | Speaking Engagements
Related Services
- Corporate & Finance
- Corporate Governance
- Employer Counseling
- Employment Disputes
- Food & Drug Compliance & Litigation
- Food, Drug, Device, Biologic, & Cosmetic
- Global Mobility
- Government Investigations
- Government, Regulatory, & Tax
- Healthcare
- Healthcare Litigation & Dispute Resolution
- Healthcare Regulatory & Compliance
AGG Talks: Cross-Border Business
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.
- Glenn P. Hendrix
Partner
- Michael E. Burke
Partner