International Law

Archer’s International Law Group handles a wide range of legal matters for companies and individuals with regard to overseas transactions and disputes. The group routinely advises Fortune 500 corporations, as well as start-ups and smaller companies, on all aspects of business and transaction structuring. Archer’s International Law Group is a multi-disciplinary team that draws upon the talent and wide range of experience of the firm’s lawyers to provide clients with a resource to guide them through complex and detailed laws commonly encountered when operating in the global marketplace. We have deep experience in international multi-jurisdiction corporate transactions, foreign intellectual property issues, export and import regulations, taxation of individuals and businesses, franchising, immigration, insolvency and litigation matters.

International Corporate Transactional and Tax Service

Businesses are increasingly reaching to international markets to find suppliers or customers. In doing so, they subject themselves not only to the laws of the jurisdictions in which they are domiciled, but to the laws of each foreign jurisdiction in which they transact business.

Our group has focused on advising the firm’s clients on the preferred structure to conduct and expand their businesses into new jurisdictions. Our services routinely involve counseling U.S. clients on acquisitions and joint ventures abroad, as well as counseling foreign clients on transactions within the United States. We advise clients on foreign direct investment rules and limitations across the world and propose structures that take into consideration capital repatriation limitations, taxation and income allocation issues, and local operational limitations.

Group members are very familiar with the unique issues associated with business ventures whose owners are domiciled in diverse jurisdictions, and routinely prepares shareholder and operating agreements that take into consideration local issues associated with the domicile of each owner.

Cross-Border Restructuring and Insolvency

As a result of the challenging and unpredictable economic climate in many parts of the world, all multinational companies need to understand the impact of bankruptcy and insolvency laws that may apply to their customers and vendors, in each jurisdiction where they operate. Additionally, many multinational companies are facing bankruptcy or insolvency pressures themselves as financing alternatives dry up or customer receivables become uncollectible.

Our attorneys have significant experience in both U.S. and cross-border insolvency and corporate restructuring, including the European Union (EU) Regulations on Insolvency Proceedings and the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency.

We have the knowledge and experience to represent clients facing critical decisions about cross-border corporate restructurings, insolvency and acquisition or sale of assets through bankruptcy or insolvency proceedings, in a wide array of jurisdictions.

International Intellectual Property

Protecting intellectual property rights in various jurisdictions is important to businesses desiring to preserve their rights in multiple jurisdictions. We work closely with clients to develop a policy regarding international registration, maintenance and monitoring that is closely-tailored to the client’s goals and expansion plans. Both large, multi-nationals and technology start-ups rely on the group’s international intellectual property experience, which combines technical understanding, a focus on business objectives, and an understanding of licensing, infringement and IP registration issues, worldwide.

Immigration

The firm represents employers and employees in the U.S. immigration process and advises clients on the latest and most appropriate immigration strategies. Through the breadth of Archer’s legal services, our immigration attorneys are also able to draw upon the firm’s vast network of resources from our business counseling, labor and employment, tax, banking and finance, intellectual property, family law, and civil rights practice groups. Our teams mobilize quickly to respond to real-time immigration needs. We provide full-service support to clients seeking lawful temporary visas and permanent immigration for employees and their families. We work with general counsel and human resources departments to develop immigration strategies for both the near and long-terms. We also conduct detailed compliance audits and provide customized training programs that help businesses institute best practices for handling employment eligibility verification, I-9 compliance, and other requirements.

China Practice

Archer’s China Practice Group was established to assist Chinese entrepreneurs and companies with legal needs in China and the United States. Our clients are leading companies that span across multiple industries, including alternative energy, petroleum, pharmaceutical, life sciences, manufacturing, retail, consumer goods, transportation, financial, real estate, and agriculture.

The attorneys in our group understand the law, legal system, and business environment of China and the culture that drives it. They are fluent in Mandarin, having previously lived and worked in China for over a decade. Their legal and business experience in China and the United States affords our clients unique resources in order to navigate both markets in many areas of the law.

Working closely with attorneys in related Archer practices, including Business Counseling; Bankruptcy, Restructuring, and Insolvency Litigation; Business Litigation; Intellectual Property; Real Estate; Immigration; and Tax, our China Practice Group provides clients with full-service representation with global capabilities and local know-how.

We advise clients in the following areas:

• Sophisticated commercial litigation matters
• Insolvency (including enforcement of creditor claims in the U.S.)
• Enforcement of Chinese Court Money Judgement Arbitral Awards in the U.S.
• Dispute resolution, mediation and arbitration
• Intellectual property protection and litigation
• Distribution chains and sales
• Due diligence (including Pre-IPO DD for U.S. subsidiaries of Chinese issuers)
• Entity formation (in multiple jurisdictions, including Delaware, New Jersey, New York, Pennsylvania, and Texas)
• Data privacy and cybersecurity
• Cross-border investigations
• Labor and employment
• Mergers and acquisitions
• Joint ventures
• Corporate finance and securities matters
• Petroleum
• Renewable energy projects
• Real estate
• Tax