Sheppard Mullin

The Sheppard Mullin Israel Team is comprised of attorneys with expertise in business transactions, mergers and acquisitions, securities, corporate, and fund formation matters across various arenas such as high tech and life sciences, as well as litigation, regulatory, tax, competition, intellectual property, labor, and other specialty matters. The Team delivers highly effective representation for U.S. and Israel-based companies, venture funds, and other investors with cross-border interests. Clients include Israeli companies conducting business in the U.S., U.S. companies conducting business in Israel, as well as other multinational conglomerates, investment funds, financial institutions, and individuals based throughout the world. With several Hebrew-speaking attorneys, the Team is dedicated to strengthening the ties between the Israeli and U.S. business communities.

Our services include:

Inbound and Outbound Investments

Sheppard Mullin represents clients seeking to do business or managing significant holdings in the U.S. We recognize that these clients’ requirements are different, and our attorneys are particularly sensitive to those needs. We advise on a wide variety of issues, such as:

• Acquisitions and dispositions
• Domestic and offshore investment structures
• Operating U.S. businesses, branches, subsidiaries, and properties
• Antitrust approvals and filings
• Cross-border financing, licensing, distribution agreements, strategic alliances, and joint ventures
• Litigation, arbitration, and dispute resolution

We also advise both domestic and international clients and corporate financiers investing outside of the U.S. on international tax planning and structuring concerning foreign investments. This advice has included choice of entity, income tax treaties, foreign withholding tax, and tax credits, as well as capital gains and ordinary income tax treatments.

Cross-Border M&A

Sheppard Mullin represents clients in cross-border mergers and acquisitions and investment transactions. We have experience representing both domestic and foreign clients in connection with a variety of cross-border structures, including:
 

• Acquisitions and divestitures of U.S. businesses by foreign clients or their U.S. subsidiaries
• Acquisitions and divestitures by U.S. clients of foreign companies, whether directly or through foreign subsidiaries
• Controlling and non-controlling investments by foreign clients or their U.S. subsidiaries in U.S. businesses
• International investment transactions by U.S. based clientsJoint ventures between U.S. and foreign companies, both on and offshore

We combine our firm-wide experience in negotiated, unsolicited, public and private acquisitions, private equity, venture capital investments, and joint ventures with an understanding of the special issues involved in cross-border transactions.

Joint Ventures and Strategic Alliances

One of the primary strategies for foreign businesses to enter the U.S. market and for U.S. businesses to enter foreign markets is through joint ventures or other forms of alliance. Sheppard Mullin advises on the host of cross-border partnering, joint venture and alliance configurations. We have advised on the array of legal issues and challenges, including:
 

• Identifying and working with local counsel, accountants, and advisors
• Conducting due diligence on prospective partners
• New entity formation (foreign or domestic)
• Investment structures
• Liability protection, exit, and termination strategies
• Intellectual property registration and protection
• Technology licensing
• Risk sharing, manufacturing, marketing, and R&D agreements
• Customs and other import controls
• U.S. tax planning for U.S. and foreign partners
• Choice of law and dispute resolution venues

We have also advised on matters subject to the Foreign Corrupt Practices Act, Antiboycott Act and other U.S. controls on doing business in certain foreign countries.

Tax, Estate Planning, and Immigration

An intercontinental family with members scattered throughout the world, a foreign executive contemplating a transfer to the U.S., and a foreign investor with assets in the U.S. must be mindful of how their holdings are structured. Prudent estate and tax planning will result in significant tax savings for several generations. Sheppard Mullin counsels multinational clients on pre-immigration tax matters and multi-jurisdictional estate planning, including:
 

• Domestic estate planning following immigration
• Formation of offshore companies and other vehicles to hold U.S. assets
• Analysis of visa alternatives from a tax perspective
• Development of pre-immigration gifting strategies
• Preparation of foreign generation skipping, dynasty, and other trustsAdvice on U.S. reporting obligations regarding foreign accounts, trusts, and transfers of funds
• Analysis of income and estate tax treaties to minimize overall or double taxation

Sheppard Mullin also has significant expertise in employment-based immigration law. Our advice spans the naturalization process through the relinquishment of citizenship. We advise on the:
 

• Application for various non-immigrant visas for employment of foreign nationals in the U.S.
• Applications for permanent resident status (“green cards”)
• Labor certifications
• Administrative matters before the Immigration and Naturalization Service, U.S. State Department and Department of Justice

Our attorneys also advise on compliance with the Immigration Reform and Control Act, verification procedures, INS or Department of Labor investigations, fine procedures and related litigation. We assist with temporary work visas and permanent residence matters, as well as advise on I-9 compliance and record keeping and government audits and hearings and appeals before the federal court, the Board of Immigration Appeals, and the Board of Alien Labor Certification Appeals.

Intellectual Property

Sheppard Mullin advises domestic and international clients on patents, trademarks, copyrights, trade secrets and false advertising, as well as creating the optimal structuring for transactions and negotiations involving such property. We routinely secure and enforce intellectual property both domestically and abroad. Our attorneys assist clients with the practical concerns related to e-commerce and data retention, as well as provide cutting edge counsel in antitrust, unfair competition, counterfeiting, grey marketing, and product diversion.

We regularly assist with technology transfers, including assignments, licensing and joint ventures, as well as protect proprietary information to avoid loss through employee departures, industrial espionage or other means. We have proven expertise in representing clients in trials and appeals in the federal and state courts, in arbitrations, and in adversarial proceedings before the U.S. Patent and Trademark Office, the Federal Trade Commission, and other tribunals and in industry investigations such as those before the National Advertising Division of the Council of Better Business Bureaus, Inc.

Dispute Resolution and Litigation

Sheppard Mullin is involved in virtually all aspects of commercial litigation, including antitrust, financial services, construction, communications and media, insurance, intellectual property, product and professional liability, real estate, securities, white collar, healthcare, technology, manufacturing and aerospace, to name only a few. It is no surprise that clients from around the world turn to Sheppard Mullin for superior and effective litigation expertise. At the same time, our lawyers recognize and promote the use of mediation and other dispute resolution mechanisms as alternatives that can afford substantial savings where appropriate. Our international litigation practice includes:
 

• Patriot Act Compliance and enforcement
• Foreign Corrupt Practices Act issues
• Enforcement of foreign judicial or arbitral awards in the U.S.
• Enforcement of U.S. judicial or arbitral awards abroad
• Inbound and outbound customs issues
• International arbitration of private disputes
• International arbitration of government contracts
• Personal jurisdiction and procedural issues

Sheppard Mullin attorneys are known for exceptional advocacy, trial and appellate skills, in-depth knowledge of state and federal courts at all levels, and practical business judgment, all of which contribute to our consistent delivery of solid, cost-efficient results

Antitrust and Competition

With a diverse clientele ranging from multinational corporations to starts-ups seeking to engage in joint ventures, strategic alliances or to create new markets through mergers and acquisitions, Sheppard Mullin advises on a variety of antitrust matters, including:

• Civil and criminal antitrust and trade regulation
• Proceedings before the WTO
• Consumer protection and unfair competition
• Antitrust enforcement and international trade regulation

"As Sheppard Mullin continues to grow, it is important that we not lose sight of the need to recruit women, attorneys of color and others of diverse backgrounds."
-Guy Halgren, Chairman of the Executive Committee

At Sheppard Mullin, we make every effort to recruit the finest lawyers and nurture their talents. The firm recognizes the importance of diversity and the need to create a workplace of inclusion. We need ¿ and our clients demand ¿ a team of attorneys that is as diverse as our increasingly global client base. Achieving and maintaining diversity is key to great client service ¿ a core value of our firm. What distinguishes good intentions from results is a commitment by senior management to find the best attorneys possible coupled with the sincere belief that people with diverse backgrounds bring valuable attributes to the firm. At Sheppard Mullin, the Executive Committee, Diversity Committee, and the lawyers in each of our offices work hard to ensure that all attorneys who join our firm fit in seamlessly and are encouraged to succeed.

Members of our Diversity Committee include ethnically diverse attorneys and a representative from the firm's Executive Committee. Diversity Committee members have served on the Boards of the Anti-Defamation League, the Black Women Lawyers Foundation (Los Angeles), and the Charles Houston Bar Association (northern California). Women and minority attorneys participate on key committees of the Firm (Executive Committee; Compensation Committee; Diversity Committee; Recruiting Committee; Professional Personnel Committee; Associate Issues Committee). Four of the Firm's nine Office Administrative Partners are women, one of whom is African-American and another is multi-racial.

"Serving on the firm's Diversity Committee is one of the most important things I do. I firmly believe that we must be vigilant in our efforts to recruit talented women attorneys and attorneys of color. Our success in this area has a positive effect our firm's culture, practice and client relationships."
-Joan Story, Member Executive Committee and Diversity Committee

Below is a description of just some of our outreach efforts.

• The firm participates in and financially supports the California Minority Counsel Program and the ABA Minority Counsel Program, as well as several minority bar associations. These groups are dedicated to increasing access for and promoting and retaining minorities in the legal profession.
• The firm actively recruits law students of color, e.g., we participated in the National Black Law Students Association (NBLSA) of the Western Region job fair held at UCLA School of Law.
• Sheppard Mullin contributes to the Minority Corporate Counsel Association; California Women Lawyers; Queen's Bench; Black Women Lawyers Association of Los Angeles; and the National Black Law Students Association, among others.
• We actively participate with other major Los Angeles law firms in the Diversity Directors Roundtable, a group that is committed to promoting diversity in the legal profession and in our firms.
• The firm received the Law Firm Award from the Black Women Lawyers Association of Los Angeles Foundation for its strong commitment to the promotion of community and pro bono activities.
• Multicultural Law magazine named Sheppard, Mullin, Richter & Hampton LLP as one of "The 2011 Top 100 Law Firms for Diversity."
• Sheppard Mullin helped underwrite the production of a motion picture project entitled "Soul of Justice: The Life and Times of Thelton Henderson." The film chronicles the life of respected African-American jurist Thelton Henderson, a crusading civil rights litigator and role model.
• The firm signed the Bar Association of San Francisco's "No Glass Ceiling Initiative," BASF's "Minority Goals and Timetables," the New York County Lawyers' Association Diversity Statement, and the Los Angeles County Bar Association's Diversity Statement.

Much of our pro bono work relates to the diversity of the communities in which we practice; sample clients include:

• Constitutional Rights Foundation
• Domestic Violence Project, Los Angeles Bar Association
• Lawyers Committee for Civil Rights
• Task Force for the Women's Resource Fair, City of San Diego
• Tolerance Through Education Program, Beverly Hills Barristers Associations
• Violence Against Women Act Program, Legal Aid Foundation of Los Angeles

Awareness of diversity enables us to understand the value of differences. At Sheppard Mullin, we are committed to hiring top tier attorneys, without regard to race, ethnicity, gender or sexual orientation.