US Market Entry and International Transactions
Entering or expanding in the United States requires a partner who understands both international complexity and domestic nuance. ArentFox Schiff advises multinational clients on cross-border M&A, strategic investments, joint ventures, commercial arrangements, and compliance frameworks tailored to US operations. We translate global ambition into measurable results.
Expanding into the United States is a major opportunity — and a complex undertaking. ArentFox Schiff combines market-savvy guidance with deep regulatory know-how to help foreign companies launch and scale with confidence. We provide end‑to‑end support for companies entering or expanding in the United States, aligning deal strategy with regulatory execution. We structure and negotiate cross‑border transactions through our Corporate & Securities practice, guide clients through CFIUS reviews, and deliver immigration solutions that move key personnel where they are needed most. Our tax advisors provide timely and crucial advice to ensure compliance with all US tax codes.
Beyond the deal, we help you build resilient US operations. Our Labor, Employment, and OSHA team addresses hiring, compliance, workplace policies, and safety obligations from day one. If challenges arise, our litigators respond swiftly, including in complex litigation and product liability matters. To drive growth, we develop clear, enforceable distribution agreements that protect your channels, brand standards, and commercial objectives.
Below is a guide to services often utilized by our clients entering the US market or engaging in US transactions.
Corporate & Securities
Choosing the right US entity is a strategic decision that affects control, liability, taxes, and growth. We help you evaluate LLCs versus corporations, select the right US state, and put strong governance in place from day one. Our team handles formation, registered agent appointments, initial board actions, and bylaws or operating agreements. We also guide you through business licenses, state qualifications, and assess whether there are any FinCEN beneficial ownership reporting under the Corporate Transparency Act. With a clear plan and efficient execution, you can focus on building the business — not managing red tape.
Immigration
Getting the right talent on the ground is essential. We design visa strategies that align with your hiring and deployment plans, including L-1 transfers for managers, executives, and specialized knowledge employees, as well as E-1 and E-2 options tied to international trade and US investment. For professional roles, we advise on H-1B eligibility, timing, and alternatives. For accomplished experts in their field, we explore O-1 visa options. We also set up compliant onboarding including I-9 verification and anti-discrimination rules. The result is a smooth, compliant process that keeps your expansion on schedule.
Labor, Employment & OSHA
US employment rules are different and often unfamiliar to foreign employers. We help you structure employment relationships and draft employment agreements, using restrictive covenants where appropriate. We help develop and draft all documents that impact the employment relationship, including Employee Handbooks. Our team advises on all aspects of state and federal labor & employment law compliance, including, but not limited to, worker classification, wage and hour compliance, anti-discrimination requirements, union issues, and leave policies. We also build practical safety and reporting programs to meet OSHA standards. Our focus is on risk prevention, culture alignment, and operational clarity.
CFIUS
Certain cross-border investments and real estate transactions can trigger US national security review by the Committee on Foreign Investment in the United States (CFIUS). We help you assess CFIUS risk early, determine whether a filing is mandatory or advisable, and structure deals to mitigate potential CFIUS exposure. Where appropriate or required, we guide CFIUS filings to secure “safe harbor.” If risk mitigation is mandated by CFIUS, we negotiate practical solutions that protect your business goals. Our approach is proactive and discreet, balancing practical solutions with potential national security risk considerations.
Distribution Agreements and Other Commercial Contracts
The right distributor can accelerate your US growth — if the relationship is built on clear expectations. We draft agreements that define territory, duties, performance standards, pricing, brand use, and data rights. We also address statutes that protect distributors that may override contractual provisions such as term, renewal, termination, and post-termination obligations to protect your business over the long run. We also advise on warehouse agreements and warranties. Our goal is to align incentives, mitigate the risk of future disputes, and create a resilient go-to-market model. You gain speed to market without sacrificing control.
Products Liability & Mass Torts
US product regulation and litigation risk demand smart preparation. We help you align with safety standards, build reporting and recall protocols, and manage CPSC interactions. On the litigation side, we design defense strategies for single-plaintiff and class action claims involving design, manufacturing, and warning allegations. We pair compliance programs with crisis response to protect both brand and balance sheet. The outcome is a stronger safety posture and reduced exposure.
Complex Litigation
Disputes happen. What matters is how you manage them. We help you reduce risk upfront with clear contracts and tailored arbitration clauses, and we pursue your interests in state and federal courts when needed. Our litigators drive efficient discovery, position cases for favorable settlement, and are trial-ready when it counts. Where confidentiality and speed are priorities, we use arbitration to streamline outcomes. We focus on resolution strategies that protect operations and keep your team focused on growth.
Intellectual Property
Your brand and innovation are core assets in the United States. We secure and enforce trademarks, starting with clearance, filing, and monitoring to maintain nationwide protection and combat misuse. Our patent team builds durable portfolios with thoughtful filings, precise claims, and coordinated US and global strategies. We also design practical trade secret programs — NDAs, access controls, and training — to keep your know-how secure. For copyrights, we establish ownership, register key works, and structure licenses across software, media, and creative content. From launch to scale, we ensure your IP supports business goals.
Tax
US tax planning starts with identifying the optimal structure. We help you choose and implement tax-efficient US entities, understand federal, state, and local tax opportunities as well as obligations, and plan for cross-border cash flows. Our team addresses your withholding obligations on cross-border payments, and treaty opportunities while managing permanent establishment risk. We also plan for exits and transactions, including the different impacts of asset versus stock sales. With the right strategy, you minimize surprises and optimize after-tax results.
