International Business

Overview

Arent Fox represents US and foreign entities in all aspects of cross-border business and commerce. In addition to our work in international trade and immigration, we have significant experience in international project finance, international energy, international tax, cross border litigation/arbitration, international intellectual property, cross-border mergers and acquisitions/ investments, and international licensing and joint ventures. Our lawyers have particularly broad experience in legal and business issues involving Latin America, and they oversee a network of foreign correspondent counsel to assist clients in local matters in other countries.

Arent Fox has developed close working relationships with a number of key financial institutions and export credit agencies involved in international transactions, including the US Export/Import Bank, Overseas Private Investment Corporation, Export-Import Bank of Japan, International Finance Corporation, Inter-American Development Bank, Inter-American Investment Corporation, European Bank for Reconstruction and Development, Asian Development Bank and the World Bank.

Cross-Border Mergers and Acquisitions / Foreign Investment

Arent Fox negotiates, structures and documents corporate, securities, merger and acquisition and financing transactions. We are experienced in related fields, including tax, antitrust, litigation, real estate, environmental, government relations, joint ventures, intellectual property protection and transfers and employment and labor matters.

Our lawyers offer guidance on the regulation of foreign investment in the United States, including compliance with the Exon-Florio Amendment, International Investment Survey Act, Industrial Security Act, and other federal and state restrictions on foreign ownership.

Cross-Border Private Equity Investment Funds

We advise every type of participant in cross-border private equity investment funds: the funds themselves; the investment manager/adviser; institutional and individual investors; financing entities; indenture trustees; and related agencies. Our lawyers have significant experience in structuring and organizing these funds, maintaining day-to-day operations and providing tax counseling for investors.

Among the investment fund transactions in which our attorneys have served as counsel are:

• A series of international private equity investment funds that invest in electric generation facilities in Latin America (including creation of the funds, identification and solicitation of investors, investment and divestment of fund resources, and daily operation of the funds)
• A multilateral financial institution in the creation and financing of a country-fund in Asia
• A multilateral financial institution in connection with its investment in an international investment fund focused on energy projects in the Caribbean Basin
• A multilateral financial institution in connection with its investment in a cross-border investment fund focused on small and midsize industrial companies
• A US government entity in connection with its investment in an Asian-based financial industries investment fund.

A member of the Arent Fox team has served for four years as a member of a special task force on private investment funds at the Association of the Bar of the City of New York. He has published numerous articles on cross-border investment funds and has chaired several international conferences on the creation and operation of international private equity investment funds.

International Project Finance

Our lawyers handle the full range of financing issues involved in international projects, including full nonrecourse, limited-recourse and corporate finance financing. We draft and negotiate credit and security documents, including interest rate and currency swaps and intercreditor agreements.

We advise clients on creating appropriate ownership and management structures, including offshore corporations, partnerships, limited liability companies and other teaming arrangements.

In addition, Arent Fox is experienced in independent power projects, pipelines, liquefied natural gas (LNG) facilities and terminals, port projects, toll roads and highways, hotel and resort complexes, aircraft and transportation equipment, sports and entertainment arenas, and convention facilities.

International Energy Projects

In addition to large multinational corporations, our international energy clients include international financial institutions, multilateral agencies, construction companies, equipment suppliers, energy purchasers, foreign governments and governmental entities.

Arent Fox has more than 27 years of experience working on LNG projects. We advise on financing; plant construction and safety; and structuring, negotiating, drafting and interpreting agreements for LNG sales and ocean transportation.

In the electricity sector, Arent Fox offers guidance on regulatory, transactional and adjudication/litigation issues, project development, financing, policy counseling, and legislative issues. Some examples of our experience include:

• Oil- and gas-fired projects
• Waste-to-energy/resource recovery
• Hydroelectric projects
• Cogeneration, steam, district heating, geothermal, peat and wind energy

International Intellectual Property and Licensing

Arent Fox prepares national and international patent applications and procures patents. We also counsel clients on the selection, availability for use and registration of trademarks, service marks and corporate names as well as prepare and prosecute applications to protect trademarks, service marks and corporate names in the United States and in foreign countries. We have significant experience in cross-border licensing of technology and working with the World Intellectual Property Organization on Internet issues.

We counsel on franchise and other distribution relationships, nationally and abroad, and assist clients with expansion into international markets.

International Litigation, Arbitration and Dispute Resolution

Arent Fox’s litigation department is experienced in cross-border litigation and dispute resolution and participates in arbitration proceedings before the International Chamber of Commerce, International Centre for the Settlement of Investment Disputes and the World Trade Organization.

Arent Fox has especially broad experience in dispute resolution within the construction industry. We offer guidance in structural failures and design deficiencies, payment and cost problems, bankruptcy-related disputes, bias, and defective work claims.

International Government Relations/Lobbying

Arent Fox’s government relations team include two former US senators, a former US representative, a former member of the board of directors of the US Export-Import Bank as well as lawyers and professionals with experience on Capitol Hill and in the executive branch. We bring a first-hand perspective to legislative and administrative advocacy for non-US clients and work effectively with both Republicans and Democrats in Congress.

Arent Fox has represented foreign firms before the US Congress on politically sensitive trade legislation and secured duty suspension legislation for US importers.

Trade Finance

Arent Fox counsels US and foreign clients on how best to take advantage of trade finance opportunities such as those offered by export credit agencies and private-sector financial institutions, including the Export-Import Bank, Overseas Private Investment Corporation, private export credit insurers and commercial banks. We have helped large and small US companies develop export finance strategies for sales and services in regions such as Latin America, Europe, Southeast Asia and Africa and have provided additional guidance on relevant laws and regulations. Our team leverages its significant experience in trade finance and international business transactions to assist US exporters and foreign investors as well as foreign corporations and governments wishing to source goods, services and technologies from the United States.