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Service

U.S. Market Entry & Expansion

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Contact

Nancy A. Fischer
Partner, Washington, DC
T: +1.202.663.8965
nancy.fischer@pillsburylaw.com
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Areas of Focus

  • Practices

  • International Trade
    CFIUS & Foreign Investment
    Customs Compliance & Enforcement
    Economic Sanctions & Embargoes
    Export & Technology Transfer Controls
    Foreign Corrupt Practices Act & Global Anti-Corruption
    International Trade Agreements & Investment Treaties
    Supply Chain Disruptions
    Trade Remedy Proceedings

Pillsbury has vast experience helping companies based in jurisdictions around the world establish a U.S. foothold from which to grow. 

Spurred by historic federal funding levels to support key U.S. industries, including manufacturing, clean energy, infrastructure and technology innovations, companies from across the globe are entering the U.S. market and expanding U.S. business operations. Our multidisciplinary team helps these international businesses assess and understand U.S. market dynamics, navigate complex regulatory frameworks and comply with federal- and state-specific legal requirements.

Pillsbury practitioners are well-versed in the myriad formation, structuring, governance, siting, foreign investment and other regulatory issues incoming businesses will inevitably face. We are also able to provide important operational advice regarding relevant data privacy standards, employment laws, insurance requirements, intellectual property protections, tax obligations and more. We leverage our extensive knowledge of government funding opportunities and incentives to support those seeking to enter or expand their presence in the U.S. market and coordinate with state and local economic development agencies, site selection firms and real estate brokerage firms to assess and select the most advantageous sites for operations.

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Our services include:

  • Corporate formation and business structure optimization, including:

- Establishing, drafting and revising an organizational chart of relevant entities, including the formation of any additional entities, as necessary

- Advising on the drafting of a Form SS-4 (tax ID number), W9s and DUNS number via DNB electronic request

- Drafting board minutes, resolutions to reflect any changes to company address, name, Key Management Personnel following initial corporate setup

- Drafting board minutes or resolutions following initial corporate set up to reflect any corporate changes such as company address, company name, key management personnel, etc

- Filing any necessary foreign jurisdiction applications (if necessary) 

  • Outsourcing agreement advisory, drafting and negotiation services
  • Drafting and negotiating investment-related agreements for fundraising from U.S. investors in the private sector, including venture capital, strategic and growth equity investors
  • U.S. trade regulations, including:

- Advising on U.S. export controls, such as International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR)

- Counseling on U.S. economic sanctions

- Providing guidance on CFIUS and inbound investments

- Advising on compliance with the FCPA and anti-money laundering laws

  • Hiring practices and regulations, including:

- Registering to do business in the applicable jurisdiction and any state-required insurance or statutory benefits programs, such as workers’ compensation and unemployment benefits

- Preparing U.S. offer letters and agreements protecting proprietary information and intellectual property

- Advising on applicable federal, state and local employment laws

- Preparing required and recommended employment policies and procedures consistent with federal, state and local laws

  • Intellectual property protections, including copyrights, patents, trademarks and trade secrets
  • Insurance policy advice, exposure assessments, and defense in recovery efforts
  • U.S. government funding and incentives

- Counseling on the Inflation Reduction Act (IRA), the CHIPS Act, and the Infrastructure Investment and Jobs Act (IIJA)

- Counseling related to federal tax incentives

  • Tax structures and planning, such as:

-  Advising on U.S. federal income tax considerations relating to the formation of a new entity, including any employee withholding obligations for individuals located in the United States

- Summarizing U.S. tax obligations of employees working in the United States

  • Cybersecurity, data privacy and protection requirements, including:

- Advising on cross-border data transfers

- Complying with privacy laws related to personally identifiable information (PII) of customers and employees

- Reviewing cyber insurance policies for adequate protection

  • U.S. government contracting, including:

- Registering as a government contractor

- Complying with Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS)

- Complying with government procurement rules, including the Buy American Act (BAA), the Trade Agreements Act (TTA), and the Build American Buy American Act (BABA)

- Protecting intellectual property as a government contractor

- Complying with cybersecurity requirements

  • Site Selection for production facilities

- Identifying and securing economic incentives

- Conducting extensive due diligence (real estate, environmental, contracting, political)

- Work with consulting firms to address regulatory issues, including environmental permitting

- Negotiating real estate agreements and transactions

- Helping to obtain required permits and meet regulatory obligations

- Assessing federal and state tax benefits and liabilities

- Identifying and supervising third-party service providers

- Leveraging federal, state and local political connections and business contacts

- Counseling on state-specific labor issues

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