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International

McCarter & English, LLP is one of the oldest U.S. law firms, with a history of representing innovation, progress and the entrepreneurial spirit worldwide from one of its first clients, Thomas Alva Edison. With a singular focus on effective representation of clients in cutting edge industries like clean tech and IT and in traditional mainstays of global and domestic economies like manufacturing and real estate development, McCarter and English LLP is at the forefront of new legal developments in regional practice areas. McCarter & English LLP also cultivates real networks and relationships within governmental and industrial entities personal to its international practice as well as with law firms in the regions where it most represents inbound and outbound clients, including Canada, Europe, India, the Middle East, China and Japan, and South America.

International Corporate, Securities & Financial Institutions

Our experience in the international arena extends to advising clients on international acquisitions and global securities offerings and other financings; tax issues related to structuring international business operations and investments; and intercompany pricing and customs duty cases.

We have advised a number of non-U.S. issuers in connection with private placement of securities into the United States for financing or strategic acquisition purposes. We have also advised domestic and non-U.S. broker dealers as to their U.S. obligations when taking part in transactions that concern the United States.

Our attorneys practice transactional international business law, and also serve as outside general counsel to many such firms in international matters, focusing particularly on matters in Canada, Europe, India, the Far East, the Middle East and Latin America.

International Mergers & Acquisitions

The firm's corporate representation has substantial international dimensions, including serving as counsel to numerous U.S. affiliates of foreign companies in domestic matters, and to U.S. public and private enterprises overseas, in connection with mergers and acquisitions overseas as well as their ongoing business activities. The firm represents both sellers and purchasers in transactions such as:

  • Acquisitions and sales of assets, including purchases and sales of divisions;
  • Acquisitions and sales of stock;
  • Mergers and other business combination transactions;
  • Minority investments, as counsel to the issuer or to the investor or investor group, including mezzanine financing and venture capital transactions; and
  • Joint ventures and strategic alliances, extending to technology development, marketing and manufacturing activities.

International Trade

McCarter & English routinely guides clients through the complexities associated with selling their products overseas and strategic relationships with foreign businesses. Our attorneys have facilitated the growth of export-related clients in handling license requirements, distribution and sales agreements, in bound and out bound supply agreements, trade finance requirements and Foreign Corrupt Practices Act compliance. As a result of our in-depth understanding of country-specific regulatory and cultural issues, our team's breadth allows us to manage and assist in specialized regional issues such as particular bi-lateral trade agreements, export/import controls and customs requirements as well as specialized business knowledge in various domains.

International Construction & Infrastructure Development

The McCarter & English construction practice group serves a wide range of industry clients across the globe. The construction practice group represents the largest and most influential real estate development and construction firms in the U.S. The work of this group has included extensive involvement in construction projects in South America, India, the Middle East, Asia and Russia. Drawing on experience and cultural flexibility, the group represents owners, architects and engineers, construction managers, contractors, developers, subcontractors and suppliers in matters ranging from project planning to dispute resolution.

Our attorneys are adept at performing multitudes of valuable functions in representative as well as consulting capacities. Some of our specialties include project delivery strategies and the preparation and negotiation of design for complex international construction projects. Our attorneys have worked closely alongside international project management firms and architectural firms in from inception to completion of real estate development projects. Members of the firm's construction practice group also provide general legal and business consultation for participants in international construction projects.

International Energy & Clean Technology

The business case for the development of renewable energy projects, from biodiesel and ethanol to wind, solar, and distributed generation, is more compelling than ever as tax and regulatory incentives combine to attract investments. Emerging issues in environmental law and increasingly recognized principles of corporate social responsibility are encouraging international companies to voluntarily reduce greenhouse gas emissions, install clean energy alternatives, and invest overseas in projects under the Kyoto Protocol to respond to climate change concerns.

Our attorneys assist our clients in developing and understanding industry-specific strategies for mitigating emissions of carbon dioxide, participating in voluntary emerging carbon-trading markets, assessing whether insurance policies cover errors and omissions related to climate change disclosures, building with "green" materials, and siting clean energy facilities. We work with major international wind, hydro, and geothermal power developers to quantify and qualify renewable energy credits and greenhouse gas emission reductions, and draft contracts and contractual provisions related to ownership rights and sale of these credits.

Our attorneys have played a leading role in understanding the issues of climate change law and business risk, and have been focusing substantial energy, utilities and environmental experience in helping clients to understand regulatory compliance issues. We recently launched www.climatelawyers.com, a blog devoted to the legal, public policy, and business risk questions presented by climate change and renewable energy initiatives.

International Litigation & Arbitration; Insurance Coverage

Several of McCarter & English's attorneys are experienced in international commercial arbitration. Major cases include cross-border transactions involving sales of raw materials and finished products, transfers of business entities, and insurance/reinsurance contracts. Within the past several years, the firm's attorneys have appeared as counsel in hearings in London, Zurich and Bermuda, and in disputes governed by ICC, UNCITRAL and LCIA procedures. McCarter & English's international arbitrations team is particularly attuned to the nuances of seeking settlements in international fora and working closely with risk managers to advise them thoroughly at each stage of the process.

We have, for example, represented a major U.S. pharmaceutical company in "Bermuda Form" international arbitrations involving product liability losses exceeding several hundred million dollars. It handled several London-based arbitrations for another major U.S. pharmaceutical company involving insurance coverage for product liability losses, also with amounts exceeding several hundred million dollars. One of our partners has served as arbitrator in London-based arbitrations involving disputes between major U.S. energy companies and their insurers for environmental losses, and in Bermuda-based arbitrations involving insurance coverage for a Fortune 100 Company's employment discrimination claims.

International Intellectual Property

The proliferation of technology and global communication channels such as the internet has made the protection of patents, trademarks, copyrights and trade secrets – collectively known as intellectual property – far more challenging in recent years. Faced with infringement and false advertising by increasingly far-reaching competitors, businesses have turned to the courts to protect their valuable brands and strategic assets.

With evolving international standards and regulation effected by the TRIPS Agreement, the firm's IP counsel can guide inventors and innovators, be they individuals or companies, on how best to protect assets or license-in much needed IP for manufacture or service industries.

As technology continues to broaden copyright law, McCarter & English assists clients in identifying and preserving the next generation of copyrightable materials. The firm's lawyers help manage and prepare IP applications and portfolios, build and preserve corporate brands, protect software patents and trade secrets and establish both offensive and defensive forward-thinking strategies.

McCarter & English is experienced in handling legal issues arising from online commerce, licensing and international trade agreements. Attorneys in the group have specific experience in protecting brands and intellectual property created during company mergers, and handling traditional copyright matters such as protecting clients against the unauthorized replication of familiar products. They also have earned national recognition for work in the development and application of public key infrastructure (PKI) technologies, which facilitate secure online transactions.

International Executive Compensation

Globalization has expanded the breadth of opportunities as well as legal considerations a company must review in its executive compensation management. Whether a U.S.-based client is searching overseas for talent, or one of our many international clients requires assistance, McCarter's specialized knowledge in this field permits us to serve as counsel in resolving the many issues surrounding the compensation of executives in international business.

McCarter's international executive compensation practice assists our clients on every aspect of executive compensation, including negotiating employment agreements, severance agreements, change-in-control agreements, indemnification arrangements, deferred compensation arrangements, long term incentive plans, and advising on retention issues arising out of leveraged buy outs, mergers and acquisitions and restructurings.

Immigration

More stringent laws and restrictions often make the immigration process challenging. The firm's immigration attorneys assist both Fortune 500 and mid-cap companies in obtaining various types of visas for personnel, and advise these clients on related tax matters. We assist our clients in hiring foreign nationals, principally into professional-level positions (H-1B visas). We also represent clients with foreign offices seeking to transfer employees from overseas to the U.S. (L-1 visas).

Whether an individual has been hired directly by a U.S. operation or has transferred to this country, our attorneys frequently represent clients who wish to sponsor those individuals for permanent residence status, and have done so with the Department of Labor and the BCIS throughout the U.S.

Canada

McCarter's Canada practice is substantial, as the firm assists clients in many different areas of commerce in Canada and Canadian clients in the U.S. The firm represents a Canadian steel company, mining interests, and is involved in mergers and acquisitions in the software industry. Our legal capabilities in Canada are as diverse as the companies we represent. The firm has handled investment advisory agreements, the foreign visas of Canadian nationals, securities filings in and from Canada, and completed trademark applications in compliance with Canadian regulatory procedures.

Europe

McCarter has long guided clients both in, and from, Europe to handle their affairs regarding mergers and acquisitions, insurance coverage, investment management, real estate, business litigation and corporate securities. We are adept at handling European issues both from the perspective of a U.S.-based client doing business in Europe as well as managing the business concerns of European clients operating in the United States.

Our corporate, securities and financial institutions practice is particularly experienced in handling complex transactions spanning the Atlantic Ocean. The firm has been U.S. securities counselors for a number of European issuers privately placing securities in the US for both financing and strategic acquisition purposes. The practice group's expertise also extends to the advising of European broker-dealers as to U.S. regulatory and legal obligations when these broker-dealers do business in the U.S.

Far East

McCarter's international business activities and representation extend to diverse matters in Far East. In particular, the firm's practice covers the fields of corporate, securities and financial institutions, investment management, and real estate. Members of the firm have many years of experience handling international business transactions and compliance issues, including international venture capital and mergers and acquisitions.

Specifically, McCarter is actively involved in China on several different levels. The firm has experience working alongside Chinese counsel on behalf of our U.S. clients and our attorneys have developed and maintained a significant number of relationships in China. In particular, McCarter is well known in the domestic venture capital industry, and the firm also represents investors involving investment or acquisition of U.S. companies. Members of the firm have been invited to speak at government organized events in China and have served as private sector advisors to a U.S. Department of Commerce group in understanding issues in China in the venture capital arena.

We also provide a range of services to U.S. Companies doing business in parts of Asia, including Korea, Singapore, Japan and Taiwan.

India

McCarter's India practice has recently undergone an expansion, adding new attorneys with ties to the region. Our attorneys have been counsel to U.S. architectural firms, developers, and construction firms on real estate development projects in India, with regard to ongoing project contracts, and joint ventures with Indian firms in this sector. Having significant experience with outsourcing firms in the BPO, IT development and life sciences sector, the firm has evolved to include manufacturing and other service industry clients as well as energy and clean tech with both private and governmental sources of work. McCarter now represents US companies with facilities in India, and those doing business with Indian firms, and we have a growing portfolio of clients based in India, that now depend on McCarter for guidance both within the US and abroad for mergers and acquisitions, corporate transactions including licensing, and supply agreements, as well as issues such as export controls, government contracts, and executive compensation and immigration.

McCarter's experience in India includes many corporate transactions, including stock and asset purchase agreements, customer and supplier agreements, licensing agreements, distribution and franchise agreements, general contract law advice and negotiation. The firm is also skilled in corporate formation and structuring, securities filings for public companies, financing and corporate finance documents including loan and credit agreements. McCarter's attorneys have welcomed Indian companies to the US, performing company formations, taking into consideration tax and other structuring questions, and providing general corporate law advice. Members of the India Practice Group travel to India frequently, preferring to visit with the firm's extensive contacts face to face.

Israel

McCarter & English attorneys represent many Israeli companies, and US subsidiaries of Israeli companies, in their US operations, as well as US companies with operations in Israel or investments in Israeli companies.  We provide our Israeli and Israel-related clients with counsel in the areas of intellectual property, corporate transactions, venture capital, employee benefits, employment, litigation, construction, real estate development, leasing, tax and immigration.  Several of our attorneys have lived in Israel, are fluent in Hebrew or have studied at the Technion - Israel Institute of Technology.  We are also involved in the non-profit (amutot) sector of Israeli society.  One of our attorneys serves on the New Jersey Israel Commission and others are involved in such Israel-related organizations as the Federation of Bi-National Chambers of Commerce, the American Technion Society and the New England-Israel Business Council.  

Middle East

McCarter has enhanced its growing Middle Eastern practice in a broad variety of arenas. A group member defended the central figure in the criminal investigation into fraud and corruption in connection with efforts by coalition forces to rebuild Iraq immediately after the fall of Saddam Hussein.

Other attorneys focus on Middle Eastern real estate development and construction as well as fund formation and private equity. Acting as counsel to owners and developers, construction managers, general contractors and design professionals, McCarter's work has included such prominent projects as the design and construction of a five star hotel in Jeddah, Saudi Arabia.

Other firm activity in the Middle East includes the representation of owners and developers in the hospitality and retail market, jewelry manufacturers, and companies seeking to acquire US based trust companies.

Latin America

McCarter attorneys have handled extensive matters in Latin America, particularly in the corporate, construction and real estate matters. Our members are attuned to the cultural nuances of successful business operations in Latin America, having been directly involved with construction projects in Venezuela in the role of on-site contracts consultant. Our attorneys have also handled complex transactions, including supervision of the due diligence and transfer of real estate assets involved in mergers and acquisitions involving Latin American interests.