We work with a wide range of clients in addressing the legal and economic challenges of globalization. We are experienced assisting companies, governments, industry associations and individuals in conducting business in the United States and in proceedings before American courts, as well as handling matters for U.S. companies doing business abroad. Our experience is far-reaching and includes:
International Business Law
International business transactions and investment
Emerging/frontier markets risk management
Compliance and ethics
Trade policy and government relations
Crisis management and public affairs
Technology and intellectual property
Strategic planning
Dispute Resolution
Alternative Dispute Resolution (ADR)
Arbitrations before ICSID, ICC and ICDR
Litigation in foreign jurisdictions
Foreign Sovereign Immunities Act
Intellectual property disputes
Other international disputes
Unfair trade litigation
Development Assistance
Fair trade
Intellectual asset protection
Legal reform
Microfinance
Nongovernmental organizations
International Human Rights Law
Human rights litigation
Human trafficking, including cases against publishers, employment agencies, corporations
Political asylum
INTERNATIONAL LAW FIRM NETWORKS
Additionally, Whiteford is a member of two international networks of law firms, providing access to legal services globally.
Lexwork International
Lexwork International is a strategic alliance of midsized independent law firms in major cities located throughout the Americas, Europe and Asia. With 41 member firms worldwide, Lexwork International includes more than 2,500 lawyers in 36 countries, and offices in more than 110 cities. Learn more about Lexwork International and its member firms here.
Pangea Net
We are a founding member of Pangea Net, an association of independent law firms from over 25 countries. The members are medium-sized commercial law firms, and the network is distinctive for the close, long-term working relationships that members have with each other. The result is a reliable international network for highly qualified, cost-effective advice. Learn more about Pangea Net and its member firms here.
Representing a U.S. based manufacturer with manufacturing and distribution facilities in Asia and Europe in connection with a broad range of international corporate matters
Represented a Middle East based oil and gas company in a joint venture with a U.S. based oil and gas services and technology company
Represented U.S. based corporations in acquisition of controlling stakes in foreign corporations in the consulting, logistics and security sectors
Represented and advised a U.S. based corporation in a joint venture with a Saudi Arabian based company
Represented and advised U.S. based and international manufacturers in connection with negotiating and executing distribution and agency agreements in different countries
Serving as outside General Counsel to Middle East based oil and gas services company with several projects throughout the Middle East
Advised a consortium of Middle East investors in connection with the acquisition of chemical company in Saudi Arabia
Representing leading U.S.-based construction company in connection with a Middle East joint venture
Representing U.S.-based professional companies in connection with expansion to the Middle East region
PRIVATE EQUITY, VENTURE CAPITAL AND INVESTMENTS
Representing and advising U.S. based pension funds in connection with alternative investments in private equity and venture capital funds and funds of funds both within and outside of the U.S.
Represented and advised Saudi Arabia based private equity fund in connection with structuring and portfolio investments
Represented and advised North Africa based private equity fund in connection with structuring, transactional and compliance matters
AFGHANISTAN
Serving as outside General Counsel to Afghanistan based oil and gas company with upstream project and midstream projects
Advising and representing Middle East based energy company in connection with oil and gas infrastructure project in Afghanistan
Advising and representing international mining consortium in connection with investments in the mining sector in Afghanistan
Representing and advising U.S. based lender in connection with a broad range of debt portfolio related matters in Afghanistan, including loan restructuring, collection efforts, corporate investigations and due diligence, local litigation and sale of collateral
Representing and advising several U.S. Government contracting firm in connection with compliance, tax, labor, corporate restructuring, dispute resolution and settlement related issues in Afghanistan
Represented international media company in connection with copyright infringement dispute in Afghanistan
Following a Texas federal district court’s issuance of a nationwide injunction temporarily halting enforcement of the Corporate Transparency Act (“CTA”), the U.S. government has filed an appeal with the U.S. Court of Appeals for the Fifth Circuit, challenging the district court’s findings (found here). In response to both the national injunction and the appeal, the Financial Crimes Enforcement Network (“FinCEN”), the agency responsible for enforcing the CTA, issued guidance (found here) clarifying that reporting companies are not currently required to file beneficial ownership information (“BOI”) reports and will not face liability for noncompliance “while the preliminary injunction remains in effect.”
On December 3, 2024, the U.S. District Court for the Eastern District of Texas, Texas Top Cop Shop, Inc. v. Merrick Garland (Civil Action No. 4:24-CV-478), issued a memorandum opinion and order granting a nationwide preliminary injunction against the enforcement of the Corporate Transparency Act (“CTA”) and its implementing regulations and staying the compliance deadline for reporting companies pending further order of the court.
The U.S. Department of Justice (DOJ) and the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) have recently announced two enforcement actions that demonstrate the U.S. government's aggressive and expansive application of U.S. law to foreign conduct with minimal U.S. nexus. These actions underscore the need for foreign companies and individuals to be aware of and comply with U.S. legal requirements, especially in the areas of anti-corruption and sanctions, and to implement effective compliance programs and controls to mitigate the risk of U.S. enforcement. Our firm has extensive experience and expertise in advising and representing clients on these complex and evolving issues, and we are ready to assist you in navigating the challenges presented by the U.S. regulatory and enforcement landscape.
The recent sentencing of Zixiao "Gary" Wang, a tech expert involved in the $11 billion FTX fraud, underscores the importance of cooperation with authorities in complex and high-stakes crypto cases. Wang, who admitted to helping FTX's founder Sam Bankman-Fried manipulate the code of the bankrupt crypto exchange to siphon off funds from customers and investors, received no jail time but was ordered to forfeit his share of the ill-gotten gains. He was credited for his prompt and substantial cooperation, which included providing crucial information about the code-based ways in which Bankman-Fried committed the fraud and testifying against him at trial.
The Department of the Treasury’s Office of Foreign Assets control (OFAC) issued a final rule amending specific reporting and procedural regulations effective November 7, 2024. OFAC published the interim final rule on May 10, 2024, seeking comments by June 10, 2024. The final rule’s enactment is noteworthy because OFAC seriously considered public comments concerning reporting requirements for unblocked or transferred property. The final rule adds three exceptions to the reporting of unblocked or transferred property based on the public comments received after publication of the interim final rule.
On March 1, 2024, the U.S. District Court for the Northern District of Alabama in National Small Business United et al. v. Janet Yellen et. al., Case No. 5:22-cv-1448-LCB, held the Corporate Transparency Act (the “CTA”) to be unconstitutional. In this surprising decision, U.S. District Court Judge Liles C. Burke ruled “The CTA is unconstitutional because it cannot be justified as exercise of Congress’ enumerated powers.”
On December 22, 2023, President Biden signed into law the Foreign Extortion Prevention Act (“FEPA”). FEPA is aimed at the “demand” side of foreign corruption and bribery, making it unlawful for any foreign official to demand a bribe from a U.S. issuer or domestic concern or to make such a demand within the United States. FEPA is intended to serve as a complement to the Foreign Corrupt Practices Act (“FCPA”), which for decades has made it unlawful for a U.S. issuer to offer a bribe to a foreign official in order to obtain an improper business advantage. While the FCPA already addressed the payment of bribes to foreign officials, FEPA now criminalizes the request from foreign officials as well.
The Corporate Transparency Act’s (the “CTA”) reporting requirements are effective as of January 1, 2024. As a result, many companies in the United States will have to report information about their beneficial owners, i.e., the individuals who ultimately own or control the company. They will have to report the information to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury.
On January 1, 2021, heightened entity and beneficial ownership reporting arrived in the United States with the enactment of the Corporate Transparency Act (the “CTA”), part of the National Defense Authorization Act for Fiscal Year 2021. The policy behind the CTA is to strengthen reporting and transparency as to who the beneficial economic owners are of business enterprises doing business in the United States. Prior to the passage of the CTA, the United States was viewed by some in the international marketplace as a tax haven for those looking to create shell companies to hide their assets through the formation of business entities in jurisdictions like Delaware or Florida, for instance.
FBAR Requirements: Pursuant to the U.S. Bank Secrecy Act (“BSA”) (31 U.S.C. § 5314 et seq.), U.S. persons, individuals and companies, are required on a calendar basis to report each year to the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) all financial interests in and signature authority over foreign financial accounts on FinCen Form 114 Foreign Bank Account Reports (“FBARs”). The FBAR filing threshold is triggered upon having account assets exceeding $10,000 USD in the aggregate at any time during the calendar year. The deadline for filing FBARs is April 15 with an automatic extension to October 15 each year.
This "Zoomcast" interview is an extension of the podcast series, “Associations Creating Community,” with a focus on how associations based in the U.S. and Europe create community in China and the Asia Pacific Region. Steven Basart, Vice President at Kellen’s Beijing office, provided insights about the China market and strategic considerations for associations interested in exploring opportunities in China and the Asia Pacific Region. The conversation also covers practical suggestions about translation, global governance structure and the China Foreign NGO law.
Whiteford is pleased to announce that Dennis M. Fitzpatrick, a seasoned litigator with over 20 years of experience investigating and prosecuting complex criminal cases, leading dozens of sensitive and complicated investigations, both in the U.S. and abroad, has joined the firm as a Partner in Washington, D.C.
Whiteford, Taylor & Preston LLP is pleased to announce that Christopher Chaisson has joined the firm as Counsel in Washington, D.C. With a background in both law and national security, he will focus on the firm’s growing international practice.
Whiteford Taylor & Preston announced today that Mario A. de Castro, an international tax attorney with over twenty years of experience on international, corporate, and tax matters, has joined the firm.
Whiteford Taylor & Preston LLP is very gratified to announce that the firm has once again received exemplary ratings in the fifth annual U.S. News & World Report rankings of law firms.
Whiteford, Taylor & Preston LLP is pleased to announce that Enayat "Yat" Qasimi has joined the firm as a partner in our Washington, D.C. office, where he will focus on providing general business and corporate advice to foreign and domestic corporations, cross-border mergers & acquisitions, emerging market private equity, venture capital, off-shore transactions, and bilateral and multilateral international contracts.
Join us for a luncheon and presentation on "Leveraging Hong Kong's Strategic Assets, Your Portal to China and Asia." Presented by Mike Rowse, Director-General of Investment Promotion, Government of Hong Kong Special Administrative Region.
