Cross-Border Transactions

The global economy has exploded since technological advances have enabled businesses to more easily expand beyond their local shores, both as entities and as trading partners.  Bierce & Kenerson, P.C. has actively formed alliances with a network that includes foreign law firms, attorneys, consultants, accountants and other professionals,  in tandem with our legal advice. We aim to help our clients understand U.S. local rules in their own framework and to adapt to foreign local rules and, relying on foreign legal advisors, to adapt to foreign local rules, such as the Acquired Rights Directive, the Data Protection Directive, the E-Waste Directive and similar rules.  We actively support international trade and investment in both directions.

In this practice, client support may include legal advice on the following:

American Regulation of Foreign Investors

  • National security: CFIUS, ITAR (dual use technologies)
  • Taxation: permanent establishment, tax jurisdiction, holding company structure
  • Workforce issues in employment of foreign citizens 

American Regulation of U.S. Trade with Foreigners

  • Contracting with foreign businesses
  • Importation of foreign goods or services
  • Product safety
  • Technology transfers
  • Exportation of technologies
  • Extraterritorial application of U.S. laws to suppliers and service providers in the field of technology

Managing Relationships across Borders

  • Choice of Law
  • Choice of Forum
  • Choice of Dispute Resolution: courts, arbitration, mediation
  • Business Resiliency Planning and Disaster Recovery
  • Supply of people, process and technology