Practice Areas & Industries: Baker & Hostetler LLP

Practice/Industry Group Overview

In today's globalized economy, our clients' interests and involvements extend to the far corners of the world. Our multidisciplinary teams help them deal with complex cross-border issues wherever they occur. Just a sampling of our Global Practices experience:

• Successfully represented one of the largest shirt manufacturers in the world accused of patent infringement.
• Negotiated with joint venture partners in China, New Zealand and Taiwan to acquire a 70 percent ownership interest in a Shanghai, China semiconductor manufacturing facility (with sales operations throughout East Asia) for a U.S. investor.
• Retained by a Mexican concern to structure a transaction involving two different U.S. companies and two different Brazilian companies to construct a thermo hot water treatment facility in Brazil.
• Handled acquisitions by a German-based, international magazine publishing company of two U.S. business magazines and Web sites catering to entrepreneurial needs (two separate transactions), as well as a women's magazine group, including extensive antitrust analysis. Our assistance extended to the subsequent divestiture of all U.S. magazine activities.
• Defended imports in a full range of industrial and other products, including Canada's softwood lumber; pure and alloy magnesium from Canada; various steel products from several countries; Mexican cement; nitrocellulose from Japan; fuel ethanol from Brazil; steel from South Africa; manganese sulfate from China; oscillating and ceiling fans from China; and cigarette lighters from China. The team has won significant victories assuring the trade flow of all these products.

We are organized to assist sophisticated companies, entrepreneurs and investors with their litigation, business, tax, trade and intellectual property matters.

Leadership in Action

International Business Transactions: Clearing the Way for Entry into the Indian Market

Client: Stoneridge, Inc.

Type of Matter: Joint venture for manufacturing automotive instrumentation

Our Client's Challenge: To supply instrumentation to automobile original-equipment manufacturers at their locations in India, using equipment that met the designs and standards for that market.

The Goal: Team with a highly competent, quality company possessing complementary products and knowledge of the Indian automotive market, establishing a mutually beneficial relationship to make instrumentation for that market.

Our Strategy: The transaction required an understanding of the products involved and roles each party would play with product design, manufacturing and sales within the Indian automotive market. It was essential to structure the agreement on all levels -- ownership and control, management, operations, performance, intellectual property development and tax -- in a way that would fit the needs of all concerned.

This agreement had to be relevant in both the United States and India, and it needed to encourage cooperation as well as reward the protection of intellectual property. Success depended on an agreement that set out the aspirations and responsibilities of the parties clearly, while leaving room for change as needed and an ability for the parties to grow together in a new relationship.

Results: In the resulting transaction, each side had a detailed and clear understanding of its role and obligations. The parties began fulfilling their roles immediately, developing products and meeting customer demands, rather than taking time to work out operational issues and position themselves in the relationship. The joint venture has exceeded market development and sales expectations.

Services Available

Business Transactions

It takes insight and experience to help small companies become large ones, and to help large companies continue to grow in reach and dominance -- that's what Baker Hostetler business lawyers have done for 90 years.

Our international business experience includes mergers and acquisitions, joint ventures, technology transfers and licensing, debt and equity financing, and contracts and commercial agreements, and compliance with laws and regulations governing international trade.

Litigation

Baker Hostetler handles major international litigation for clients in the United States and abroad. We represent multinational corporations, as well as sovereign governments and private investors. In today's borderless business world, our clients are based in and face disputes in virtually any country. We understand the unique challenges associated with litigating disputes arising from Latin America, Europe, Asia, and Africa, and we know how to apply the appropriate treaties and regulations, and effectively anticipate many problems -- for example, choice of forum, choice of law, jurisdiction, culture, and language capabilities for the parties in a transnational dispute.

The range of disputes that we resolve is as broad as our client base, encompassing finance, insurance coverage, asset attachment and recovery, distribution, tax, trade, product liability, and violations of international law. We have a network of attorneys and professionals who assist us in assembling the facts from afar. We also represent parties in all major international arbitration forums.

Intellectual Property

Baker Hostetler has longstanding relationships and a strong network of associated quality Intellectual Property (IP) firms throughout the world. Through these relationships we coordinate the acquisition of patent, trademark and copyright registrations, prepare and draft agreements and design and implement enforcement programs in more than 100 countries.

Our IP team includes a former Senior Investigative Attorney for the United States International Trade Commission (ITC) and we have successfully represented clients in "Section 337" investigations at the ITC. These proceedings are especially fast, complex and can lead to the issuance of orders that bar importation into the U.S. of items that infringe U.S. IP rights or otherwise unfairly compete.

Members of our team have consulted on revisions and development of the IP laws for South Korea, Taiwan and Thailand, have served in the office of the Chief Senior Counsel for the Central Government of India, and regularly appear in actions before the ITC. A member of our team has also served as a private sector advisor to the U.S. delegation to the diplomatic conference on The Trademark Law Treaty, a thirty-three member country treaty administered by the World Intellectual Property Organization designed to streamline and harmonize the administrative procedures for obtaining trademark registrations throughout the world.

Tax

We offer the full complement of international tax advice on both outbound and inbound tax issues. Our international tax team has significant experience handling multibillion-dollar international merger, acquisition and disposition transactions, cross-border financing transactions, cross-border planning issues including obtaining private rulings when necessary.

We help clients address treaty issues and transfer pricing matters such as advanced pricing agreements, pre-filing agreements, and Competent Authority advice. In the area of international tax controversy, we work to resolve complex issues, and we represent clients in the IRS Technical Advice process, IRS Appeals, and the Courts.

In addition to handling large transactions and case matters, we regularly provide efficient and practical advice to businesses expanding their operations and opportunities globally. As overseas investment opportunities have become increasingly more attractive in the private capital markets, our international tax team has become a critical component to the firm's broader, market leading private equity advisory group.

Trade, Customs and Immigration

Baker Hostetler represents foreign and domestic companies, associations, and governments from every continent in all manner of international trade, customs and immigration proceedings before U.S. and foreign regulatory agencies, courts, and international dispute resolution panels, especially NAFTA. We advise governments, private enterprises and associations in international trade negotiations. Our attorneys also participate in and advise foreign governments in WTO proceedings.

German Practice

Baker Hostetler's German Practice is uniquely positioned to contribute the insight and legal experience required to assist companies from Germany and the German-speaking countries with their investments in the United States.

With extensive experience representing German, Swiss and Austrian clients and their U.S. subsidiaries, our practice is as diverse as the investments of these and other German-speaking countries in the U.S. We provide our clients with comprehensive legal advice on corporate issues including mergers and acquisitions, strategic alliances and joint ventures, corporate finance, site selection and formation of subsidiaries, and a full range of international financial services. Our experience includes U.S.-inbound transactions, outbound transactions and cross-border transactions, making us well positioned to help you expand your business in the U.S. and globally.

About Baker Hostetler

Baker Hostetler lawyers help clients establish, maintain and protect market-leading positions across the United States and around the world. We offer clients the strength of 600+ lawyers in a full range of practices, a unique geographic platform including both the coasts and the center of the country, a deep knowledge of industry issues and a 90-year track record of excellence and achievement.

For more information about our Global Practices:

National Leaders

Elliot J. Feldman
202.861.1679
efeldman@bakerlaw.com

Stephen J. Petras, Jr.
216.861.7862
spetras@bakerlaw.com

Cincinnati

Eric J. Geppert
513.929.3405
egeppert@bakerlaw.com

Cleveland

Emanuel J. Cotronakis
216.861.7362
ecotronakis@bakerlaw.com

Columbus

Roseanne T. Yang
614.462.2684
ryang@bakerlaw.com

Costa Mesa

Joseph L. Chairez
714.966.8822
jchairez@bakerlaw.com

Denver

David Waller
303.764.4093
dwaller@bakerlaw.com

Houston

David Ivey
713.646.1338
divey@bakerlaw.com

Los Angeles

Helen B. Kim
213.975.1611
hkim@bakerlaw.com

New York

Christoph Lange
212.589.1667
clange@bakerlaw.com

Orlando

Kenneth C. Wright
407.649.4001
kwright@bakerlaw.com

Washington, DC

Elliot J. Feldman
202.861.1679
efeldman@bakerlaw.com

Clients:
The E.W. Scripps Company, Gruner + Jahr, Kentak Products Company, Manildra Milling Corporation, Ontario Forest Industries Association, Stoneridge, Inc., Tembec Inc.