Bradley’s International and Cross Border team features a deep bench of seasoned attorneys who counsel clients on a variety of cross-border matters. We work with domestic clients who are active in overseas business and foreign clients with operations in the United States or who work with U.S. agencies abroad.
Our legal team draws from vast experience in a wide range of industries to provide clients with international harmonization to broaden their business opportunities and protect their operations. Among our numerous services available in the U.S. and abroad are advising on corporate structures and operations, international litigation and arbitrations, regulatory compliance and investigations, and intellectual property registration and protection.
Our attorneys also have a proven track record in helping clients secure multi-million-dollar economic development incentives for foreign companies locating in the United States. Once a company is established, Bradley has the capacity to support its full spectrum of corporate needs with unparalleled efficiency, offering on-the-ground experience in numerous markets. From its regional offices located in the District of Columbia, Birmingham, Nashville, Houston, Charlotte, Huntsville, Jackson and Tampa, Bradley is able to provide localized resources throughout the highest economic growth regions of the United States.
For U.S. clients adding or expanding international opportunities, Bradley provides preliminary analysis and advice on foreign legal considerations before foreign investment and resourcing. We are the top-ranked law firm in the nation for construction, among other areas, and have an accomplished record of helping clients successfully complete overseas projects.
In addition, our partners have particular experience in the acquisition of domestic companies by foreign firms and vice versa, major international arbitration, staffing issues at home and abroad, import/ export issues, and foreign companies seeking business with the U.S. government, including classified matters and work involving the U.S. military.
Our international legal team includes attorneys licensed in over 13 jurisdictions and represents clients across the following spectrum of services.
Bradley’s attorneys offer deep experience on matters related to corporate structure and operations both in the United States and abroad. We work closely with clients on Foreign Ownership Control and Influence (FOCI) issues, including U.S. government business with foreign individuals or entities. Our partners have a proven track record of handling matters involving classified information, facilities, personnel, or contracts, as well as classified FOCI structures such as Defense Security Services (DSS), Special Security Agreements (SSAs), Proxy Agreements (PAs), and Voting Trust Agreements (VTAs).
The firm also helps with immigration issues for foreign workers, including visas and authorizations; reporting requirements for operations, facilities, assets, and real estate; and enforcement actions for non-compliance. In addition, we support clients on limitations on sales of foreign goods in the United States.
Bradley’s lawyers have substantial experience in international litigation and alternative dispute resolution. The firm regularly represents major international construction firms and industrial companies in their dealings overseas and in the United States, including claim development and litigation with the U.S. government on U.S. contracts performed abroad.
The team’s lawyers regularly participate as advocates in international arbitration proceedings administered by the International Chamber of Commerce, International Centre for Dispute Resolution, London Court of International Arbitration, American Arbitration Association, and other international arbitral bodies. Members of the group also regularly serve as arbitrators, and have chaired major international arbitral proceedings.
In addition, we handle matters related to intellectual property enforcement and anti-dumping trade protection at the International Trade Commission.
The firm handles regulatory compliance and investigations in the United States and abroad. Our services include compliance with U.S. export regulations such as export control regulations of certain controlled items, information, and software, and excluded foreign persons or entities, inside and outside the United States. We also deal with matters related to U.S. national security and foreign policy interests, including State Department International Traffic in Arms Regulations (ITAR), Directorate of Defense Trade Controls (DDTC), Commerce Department Export Administration Regulations (EAR), and the Bureau of Industry and Security (BIS).
In addition, our lawyers work on commerce and agriculture reporting, including Department of Commerce/Bureau of Economic Analysis data collection requirements from non-U.S. investors in U.S. businesses and operations, and Department of Agriculture data collection requirements for non-U.S. investors in agricultural assets and real estate.
Bradley has advised clients in connection with a wide variety of international technology and intellectual property transactions in the United States and abroad. Through our trademark practice, we have counseled clients on protecting trademarks in numerous foreign jurisdictions, including through the Madrid Protocol. Our work on patents, copyrights, and trademarks includes policies, procedures, contracts, and enforcement under the 2016 U.S. Defend Trade Secrets Act (DTSA) and European Union Directive (EU) 2016/943 on the Protection of Trade Secrets. We also offer the opportunity for harmonization of client policies, procedures, practices, and agreements.
Our offices on Music Row in Nashville support a significant music and entertainment law practice, which involves advising clients in connection with foreign sub-publishing arrangements, artist and producer agreements, and complicated royalty disputes. In conjunction with our technology practice, we have advised clients in connection with technology outsourcing transactions, foreign software development deals, and joint technology development projects.
Our attorneys regularly provide advice on economic development incentives to international companies locating operations in the United States. We help clients secure incentives for job creation and capital investment, and assist with federal, state, and local tax matters. Bradley's work helps clients with large land assemblies; mega-site programs; structuring payment in lieu of tax (PILOT) agreements and tax increment financing arrangements; and all aspects of permitting, entitlements, and land use. To achieve these results, we frequently work with local industrial development agencies and various state agencies throughout the United States, including departments of economic and community development, revenue, transportation, environment, and conservation.
Bradley provides advice, due diligence, and representation on a variety of foreign legal considerations, including the U.S. Foreign Corrupt Practices Act (FCPA) and U.K. Bribery Act, as well as on the anti-boycott and similar discriminatory laws. We also handle issues related to the Committee on Foreign Investment in the U.S. (CFIUS) process used to protect technology and infrastructure deemed critical to national security, including tracking several proposed amendments to expand CFIUS, such as the U.S. China Economic and Security Review Commission, Foreign Investment Risk Review Modernization Act (FIRRMA), and Food Security is National Security Act of 2017 (FSNSA).
Our legal team also counsels clients on customs, duties, and anti-dumping matters such as customs and tariffs, import/export agents, and agency contracts related to the harmonized tariff system. We work on countervailing duties, including anti-dumping actions and orders; ITC/ITA orders and opinions; and the applicability, benefits, and documentation requirements for various trade agreements related to NAFTA, the EU, and Israel.
With the growth of the global economy, companies large and small increasingly do business abroad. Our lawyers help clients ensure they are compliant with the FCPA, the UK Bribery Act, and other countries’ anti-corruption laws.
In recent years, the Department of Justice (DOJ) and related government authorities have increased their focus on FCPA compliance and enforcement. FCPA investigations present unique challenges because of their international scope and the rigorous expectations of prosecuting agencies. Bradley’s team of former federal prosecutors and anti-corruption lawyers has long handled anti-corruption compliance, investigations, and litigation. That experience allows us to guide clients in all aspects of FCPA enforcement – whether developing sound compliance policies, investigating a suspected violation, navigating self-disclosures, or defending government charges.
Using a cross-disciplinary team of lawyers, we work closely with company management to ensure their FCPA policies match their risk exposure and that potential FCPA issues are handled quickly and effectively.
Prepare best-in-class FCPA compliance programs
Conduct risk assessments for companies’ new foreign ventures or operations
Conduct internal anti-corruption investigations for companies of all sizes
Defend clients facing DOJ or SEC FCPA investigations
Perform FCPA due diligence for mergers, acquisitions, and proposed joint ventures
Develop FCPA training programs for company employees
Advise clients on remedial actions and the self-disclosure process
Companies and individuals doing business abroad face a web of export-control laws and regulations, including Export Administration Regulations (EAR), restricted destinations, Entity List organizations, sanctions regulations, anti-boycotting laws, and the Arms Export Control Act (AECA), International Emergency Economic Powers Act (IEEPA), and International Traffic in Arms Regulations (ITAR).
Bradley lawyers assist public and private companies, private equity and hedge funds, financial institutions, insurers, and others navigate this complex enforcement landscape. With broad experience in working with the U.S. Department of Justice and U.S. attorneys’ offices, as well as with agents, investigators, and officials from the U.S. Departments of State, Treasury, Defense, Commerce and Homeland Security, our lawyers help clients meet regulatory and licensing requirements, steer clear of prohibited activity, and mount an effective defense against any claims of misconduct.