U.S. Inbound Investment
Foreign direct investment in the United States accounts for more than a trillion dollars of market activity each year and remains a key driver of the domestic U.S. economy. At Haynes and Boone, we have developed a strong reputation for advising firm clients based outside of the United States on the full range of foreign direct investment activities into the United States, as well as any litigation matters they may encounter.
With our strong M&A, Securities, Finance and Litigation groups and our history of advising on complex international legal and business issues, our U.S. Inbound Investment Practice Group offers "one-stop shopping" for a full array of those legal services that are required by international companies doing business in the United States.
The firm offers such services as:
- Mergers and Acquisitions
- Securities and Corporate Finance
- Private Equity
- Intellectual Property
- International Tax
- Employment Law
- Real Estate
We are aware that often non-U.S. companies can be deterred from investing directly in the U.S. or from acquiring a U.S. business due to questions relating to the complex U.S. legal and regulatory maze. Haynes and Boone has been helping international companies navigate the U.S. legal system for decades and currently, more than 20 percent of our total firm revenues come from assisting international companies with these types of legal and business issues.
Our international lawyers have worked with companies in more than 100 foreign countries and six continents. These lawyers hail from diverse backgrounds, often have lived and practiced abroad, and they are fluent in 19 different languages. The result is a diverse, multi-lingual and multi-cultural team of lawyers that truly understands the unique needs of international business.
The newly revised regulations of the Committee on Foreign Investment in the United States (CFIUS) have created an enhanced regulatory regime surrounding acquisitions of and investments in U.S. businesses. The prospect of a changing regulatory structure for public companies and financial service businesses raises serious questions. The purpose of our multidisciplinary group is to provide inbound acquirors and investors with a full array of skills to assess and respond to these and other concerns. The Group uses efficient and well-coordinated processes to deliver actionable advice to our clients.
Our group provides advice with respect to:
- Developing the most effective business and legal structures for companies that comply with U.S. laws and practices for mergers, acquisitions, takeovers, joint ventures and similar transactions, as well as the execution of those transactions
- Structuring of syndicated lending, securitizations, project finance, letters of credit, and other sophisticated financing vehicles of global business;
- Assisting with any requirements to obtain consents for the acquisition or investment in U.S. businesses from governmental agencies and other regulators
- Helping our clients understand the differences between the U.S. tax system and the tax systems of other jurisdictions, including the effect of tax treaties;
- The structuring of investments to reduce or defer U.S. federal and state taxes;
- Protection for the principals of international companies from liability, and, assistance with any type of dispute resolution;
- Understanding the intellectual property implications of an investment in the United States and the most optimal structures for protecting U.S.-based IP assets;
- The application and effects of existing U.S. immigration laws and future changes to those laws on international investors in the U.S.; and
- Evolving trends and legislation that may affect offshore investors and foreign corporate parents.
The Committee on Foreign Investment in the United States (“CFIUS”) is required by law to provide a confidential report to Congress each year regarding foreign investment activities, CFIUS filings and related matters. The public version of the CFIUS Annual Report to Congress for Calendar Year 2020 (the “2020 Report”) has recently been released. One of the more noteworthy revelations of the CFIUS 2 [...]