Foreign Direct Investment (FDI)

Williams Mullen assists foreign companies with all the major business and legal issues that must be considered when establishing business operations in the United States.

Conducting Business in the U.S. 
One of the most important considerations for a foreign entity in establishing a business in the United States is the selection of the form of business entity. A variety of considerations must be addressed in making this determination, including the organizational structure of any existing business, tax concerns and the type of activity that the foreign investor intends to pursue in the U.S. Our attorneys work with the client to establish the optimal business structure for their objectives: corporation, limited liability companies, partnerships, limited partnerships or branch office operations. Williams Mullen also regularly helps clients form and capitalize an appropriate business entity for: international mergers and acquisitions; joint ventures, teaming agreements, joint development and marketing partnerships; foreign distribution, reseller, sales representative, agent, “Del Credere” and other marketing agreements. 

Taxes
Upon the organization of a U.S. entity, a company must apply to the Internal Revenue Service for an Employer Identification Number (EIN). In addition, the entity must register with the state department of taxation to comply with tax requirements for the states where it will conduct business. Williams Mullen’s Tax Law Section advises clients on all aspects of federal, state, and local tax matters. 

Intellectual Property 
The United States has strong intellectual property laws which grant valuable legal rights to the owners of this property and restrict others from using it. These proprietary rights in technology, inventions, software, business processes, creative materials and other intangible assets can be valuable in operating a business, raising capital, and pursuing exit strategies such as an IPO or acquisition. These laws are highly technical and special steps must be taken to register or otherwise comply with these laws. Our attorneys advise on the distinct issues related to: 

• Trademarks
• Patents
• Copyrights
• Business Process and Business Method Patents
• Trade Secrets

Immigration
Our Immigration Practice Group advises companies on their temporary and long-term visas and “Green Cards.” A company’s immigration strategy will vary depending on the nature of the project, the purpose of the entry of international employees into the United States, and other factors. Our attorneys are especially skilled at working with foreign companies in obtaining investment (E-2), trade (E-1) and intra-company transfer (L-1) visas for key managers and specialized employees. 

Import-Export Laws 
Williams Mullen’s International team assists clients with U.S. export license applications, re-export license applications, international government contracts, deemed export reviews and commodity classification requests, including requests involving encryption items, as required by the Export Administration Regulations (EAR). 

We also advise clients on all customs matters – from trade facilitation to homeland security – whether it involves a policy, regulatory or litigation issue. Our attorneys have extensive experience dealing with traditional customs issues such as entry requirements, tariff classification, customs valuation, rules of origin and country of origin marking.