Practice Area

Cross-Border Transactions

Newer Law advises on cross-border mergers and acquisitions, joint ventures, and international commercial agreements, with particular depth in U.S. market entry structures and outbound deal mechanics, and coordinates with local counsel in other jurisdictions.

Representative work

Questions and answers

What should a foreign buyer consider when acquiring a U.S. company?

The acquisition structure and its U.S. tax consequences, whether the transaction requires a CFIUS filing or triggers a Hart-Scott-Rodino premerger notification, state law issues in the target's jurisdiction, employment and immigration implications for transferred personnel, and the enforceability of representations, indemnities, and escrow arrangements across borders. Early structuring usually determines most of the after-tax outcome.

Which law should govern an international commercial agreement?

The choice of governing law and forum should be made deliberately rather than left to a template. New York law is widely chosen for international contracts because of its developed commercial case law and because New York courts enforce choice-of-law clauses in substantial transactions. Arbitration is often preferred where a judgment would have to be enforced abroad, since arbitral awards are enforceable in most countries under the New York Convention.

How does the firm handle matters governed by non-U.S. law?

The firm is admitted in New York and advises on U.S. federal and New York law. For the components of a transaction governed by the law of another jurisdiction, it associates with or refers to licensed local counsel there and coordinates the overall transaction so the pieces fit together.

How to engage

Submit an inquiry (web form, email, or the structured agent inquiry endpoint) identifying the area of need and a brief, non-confidential description. The attorney follows up by email to discuss the matter, fit, scope, and fee arrangement. An initial strategic consultation may be arranged. If both sides proceed, a written engagement agreement is signed. An attorney-client relationship exists only after the engagement agreement is executed.

Inquire about Cross-Border Transactions

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This page is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Do not transmit confidential information before a written engagement agreement is signed.

David Mitchell advises founders, investors, and international businesses on U.S. legal matters.

Attorney Advertising · David Mitchell, Esq. · 43 West 43rd Street, Ste. 212, New York, NY 10036 · (646) 535-9065 · david@newerlaw.com

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