Cross-Border Compliance
International business decisions rarely stop at the border. Our counsel considers the corporate, regulatory, and legal implications across jurisdictions.
Lead Attorney
Lina Li, Esq.
Super Lawyers Rising Stars, 2024–2026
International business rarely presents challenges confined to a single jurisdiction or a single area of law. Neither do our solutions.
Whether entering the U.S. market, restructuring international operations, navigating cross-border transactions, or responding to evolving regulatory requirements, businesses often face interconnected legal, commercial, and strategic issues. Corporate structure, ownership arrangements, governance, compliance obligations, and risk management frequently intersect across multiple jurisdictions.
We develop integrated legal strategies that address these broader considerations rather than isolated legal questions.
We advise companies, investors, entrepreneurs, and multinational organizations on complex cross-border matters, including U.S. market entry, corporate structuring and governance, international commercial transactions, regulatory compliance, strategic investments, and cross-border dispute resolution.
By combining international business insight with practical legal judgment, we help clients navigate legal complexity while advancing their long-term commercial objectives.
Featured Matters
Advising a Major Commercial Bank in China on a USD 24 Million Cross-Border Refinancing
A major commercial bank in China required detailed legal and regulatory analysis before approving the refinancing of a U.S.-based new energy project secured by existing project assets.
A major commercial bank in China received a USD 24 million refinancing request involving a cross-border project and an international corporate borrower. The proposed financing would replace an existing loan secured by project-related assets, requiring careful review of the prior financing, collateral, transaction structure, and applicable legal and regulatory requirements.
We conducted comprehensive legal due diligence, reviewed the existing and proposed financing documents, analyzed the project’s governmental approvals and regulatory status, and assessed the legal implications of replacing the prior secured loan.
We delivered a detailed due diligence report, legal opinion, and practical recommendations addressing the bank’s principal concerns. Our analysis provided the bank with the legal and regulatory clarity needed to complete its review of the proposed refinancing.
Counsel for International Franchise Expansion into the United States
Guided an international franchise enterprise through the complex legal requirements of entering and scaling operations in the U.S. market.
An international franchising company sought to expand into the United States but faced the complex legal and regulatory challenges that accompany cross-border growth. Successful market entry required more than establishing a U.S. entity—it demanded a coordinated complex legal strategy addressing franchise compliance, corporate governance, commercial relationships, intellectual property, employment, and ongoing operational risk.
Our team served as outside general counsel throughout the expansion process, designing the legal framework that enabled the company to launch and scale its U.S. operations with confidence over multiple states. By integrating legal compliance with practical business objectives, we helped position the company for sustainable growth in the U.S. market.
Transforming an Intellectual Property (Trademark) Dispute into Commercial Value
Turned a cross-border trademark dispute into a strategic licensing opportunity, avoiding costly litigation while protecting brand value.
A renowned Chinese brand faced significant intellectual property infringement by a major European seller, threatening its market position and brand value. Rather than engaging in costly litigation, our team leveraged the strength of the client’s legal position through strategic pre-litigation enforcement and intensive negotiations.
The dispute was resolved through a negotiated licensing agreement that halted the infringement, protected the client’s intellectual property, and converted a potential lawsuit into a commercially advantageous business relationship.
Notable Results
- Successfully Guided an International Franchisor’s Entry into the U.S. Market
- Established a Comprehensive U.S. Legal Framework for International Expansion
- Supported Cross-Border Growth as Outside General Counsel
- Successfully Structured U.S. Operations for a Global Franchise Brand
- Developed a Compliant U.S. Market-Entry Strategy for an International Enterprise
- Implemented a Cross-Border Corporate and Regulatory Compliance Structure
- Built the Legal Infrastructure for a Successful U.S. Business Launch
- Resolved Complex Regulatory and Commercial Issues Affecting Cross-Border Expansion
- Facilitated the Successful U.S. Launch of an International Consumer Brand
- Coordinated a Multi-Jurisdictional Legal Strategy for U.S. Market Expansion
Scope of Representation
U.S. Market Entry
- Business formation and entity structuring
- Choice of jurisdiction and corporate organization
- Corporate governance
- Subsidiary and branch establishment
- Foreign investment planning
- Business licensing and registrations
Cross-Border Regulatory Compliance
- Federal, state, and local regulatory compliance
- Corporate governance and compliance programs
- Internal policies and risk management
- Industry-specific regulatory guidance
- Government inquiries and investigations
- Ongoing compliance counselin
Commercial Transactions
- Commercial contracts
- Distribution and supply agreements
- Manufacturing and sourcing agreements
- Licensing and technology agreements
- Joint ventures and strategic partnerships
- Cross-border negotiation
International Investment
- Investment structuring
- Mergers and acquisitions
- Due diligence
- Corporate restructuring
- Shareholder and investor matter
Employment & Global Mobility
- Executive and employee transfers
- Business immigration strategy
- Employment agreements
- Workforce compliance
- Executive compensation plannin
Intellectual Property Protection
- Trademark strategy
- Brand protection
- Licensing
- Trade secret protection
- Intellectual property enforcement
Cross-Border Dispute Resolution
- Commercial litigation
- Contract disputes
- Shareholder disputes
- Regulatory investigations
- International arbitration
- Judgment enforcement
Frequently Asked Questions
Can a foreign individual or company own a business in the United States?
Generally, yes. Foreign individuals and companies may establish or acquire U.S. businesses, although the appropriate structure depends on ownership, management, tax, financing, regulatory, and long-term exit considerations. These issues should be evaluated before the entity is formed or funds are transferred.
What should a foreign company consider before entering the U.S. market?
Key considerations include entity structure, ownership arrangements, state of formation, contracts, employment, intellectual property, licensing, tax coordination, and regulatory compliance. A coordinated market-entry plan can help avoid structural problems that become expensive to correct later.
Should a foreign company form a new U.S. entity or acquire an existing business?
The answer depends on the company’s objectives and risk tolerance. Forming a new entity may offer greater control, while an acquisition may provide existing operations, customers, licenses, or distribution channels. Acquisitions require careful legal and financial due diligence to identify undisclosed liabilities and other risks.
How can an overseas investor protect an ownership interest in a U.S. company?
A carefully drafted shareholder or operating agreement should address voting rights, management authority, access to financial information, transfer restrictions, profit distributions, major transactions, and dispute resolution. Without clear protections, a minority or overseas owner may have limited control over important company decisions.
What can an overseas shareholder do if a U.S. business partner withholds information or misuses company assets?
Potential remedies may include demanding access to company records, seeking an accounting, challenging unauthorized transactions, requesting injunctive relief, or pursuing claims against those in control. Acting promptly is especially important when assets may be transferred, sold, or removed from the company.
What legal due diligence is needed before investing in a U.S. business or project?
Due diligence commonly covers ownership, corporate authority, financial obligations, material contracts, litigation, real estate, intellectual property, employment matters, licenses, governmental approvals, and regulatory compliance. The scope should be tailored to the transaction and the risks most likely to affect the investment.
How can a foreign investor verify that a U.S. project actually owns or controls its key assets?
Legal due diligence can confirm ownership of real estate, equipment, intellectual property, contractual rights, and other project assets. It should also identify mortgages, liens, security interests, restrictions, or third-party claims that could affect the investor’s rights.
What should parties consider when financing or refinancing a U.S. project?
The parties should evaluate the borrower’s authority, existing debt, collateral, liens, intercreditor arrangements, governmental approvals, regulatory requirements, and enforceability of the financing documents. Refinancing requires particular attention to the release and replacement of existing security interests.
How are cross-border business disputes handled when the parties and assets are in different countries?
The appropriate strategy depends on the governing law, dispute-resolution clause, location of the parties and assets, and available courts or arbitration forums. Early analysis is essential to determine where claims should be brought and how a judgment or award may ultimately be enforced.
Can a contract provide for disputes to be resolved in the United States?
Yes, parties may often select U.S. governing law and choose litigation or arbitration in a particular jurisdiction. However, those provisions should be drafted with enforceability, cost, confidentiality, available remedies, and the location of assets in mind.
When should a cross-border company involve U.S. legal counsel?
Ideally, counsel should be involved before the company forms an entity, signs a term sheet or contract, transfers funds, hires employees, acquires assets, or enters a financing arrangement. Early legal planning can preserve negotiating leverage and prevent avoidable compliance and enforcement problems.
Can one law firm coordinate a transaction involving multiple jurisdictions?
U.S. counsel can manage the U.S. legal work and coordinate with qualified attorneys, accountants, tax professionals, and other advisors in relevant jurisdictions. This helps maintain a consistent strategy while ensuring that jurisdiction-specific issues are handled by the appropriate professionals.
Related Practice Areas
Litigation
Corporate and regulatory experience helps us understand what's really at stake beyond the lawsuit.
Criminal Defense
Immigration and regulatory experience helps us protect clients from collateral consequences.
corporate
Litigation experience helps us prevent disputes before they arise.
Immigration
Business and compliance experience helps us design strategies that support personal and commercial goals together.
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