Atlanta International Lawyer Facilitates Business Growth
Transactional and Litigation Services for Cross-border Companies
When your company engages in commerce internationally or sets up subsidiaries in another country, the legal needs of your business can increase exponentially, as do the consequences of legal oversights and contract disputes. United States companies are taxable on their world-wide income, so global tax planning is mandatory. To minimize risk and maximize your potential for profit, it’s crucial to get sound legal advice from an experienced international business lawyer. For 25 years, Spizzirri Law Offices Company Limited has provided reliable guidance to businesses, including Fortune 500 companies with multi billion-dollar investments overseas, about the structure and function of international operations. We have a global network of law firms we partner with to act as local counsel on a variety of legal matters. Whether you own a small company that’s just getting started internationally or you represent a medium-sized business with significant overseas assets, we can help you navigate the choppy waters of international commerce and enhance your prospects of success.
Understanding the Basics of Private International Law
The purpose of international planning is to add legal certainty to cross-border transactions between private parties, either as individuals or corporations. International business organizational and transactional structuring can involve a patchwork of conventions, protocols, model laws, legal guides, uniform documents, case law, practice, and custom, which form a regulatory framework for relationships among private parties in an international context.
In the international context, common issues that arise from transactions between businesses include:
Jurisdiction — Despite contractual language, the right to a forum is not absolute. Parties often decide the forum selection clause does not suit their purposes, and ask the court to deny jurisdiction. A court may not, in fact, have jurisdiction over the controversy, or may decline to exercise jurisdiction citing forum non conveniens
Choice of law — Where a trial takes place does not determine what law is applied. A U.S. manufacturer engaged in a dispute with an Argentine supplier may cite the U.S. District Court for the Southern District of Florida as the forum to hear the case under Argentine law. However, parties to an international lawsuit can plead reasons why the court should nullify the contract’s choice of law clause.
Foreign judgments — Questions often arise as to whether the court in one country can enforce a judgment rendered in another country’s court.
Transactional structuring and transfer pricing — There are innumerable factors that determine whether a cross-border transaction can be profitable. With the help of foreign sales representatives, we conduct a thorough analysis of all factors related to pricing. We also work to ensure your company’s FCPA compliance is above reproach.
Organizational structuring — to fully realize the potential value of a cross-border transaction, it is often necessary to create a new entity, such as a CFC, JV, holding company, or foreign branch. In any such enterprise, we safeguard your interests with detailed drafting and review of the entity agreements.
Complexities abound when your company starts to acquire business assets internationally. Your risk assessment, asset valuation, financing strategy, restructuring requirements, tax planning, and numerous other considerations depend on reliable collaboration with international partners. To be confident that your international venture advances your strategic goals, an experienced international business law attorney must carefully vet every step in the process working closely with local counsel, accounting professionals and foreign consultants.
Substantial Experience in International Business Law
For success in matters of international law, an attorney must be able to collaborate smoothly and efficiently with legal counsel in-country. As a business lawyer in Atlanta, I have participated in several multijurisdictional, complex litigation matters in Latin America, Europe and Asia, including alternative dispute resolution processes in the People’s Republic of China.
I also have experience forming and optimizing transactional entities worldwide, such as new holding companies and special purpose entities. I have worked to refine international intercompany transactional agreements and transfer pricing analysis. I have managed legal issues related to corporate structuring, intellectual property, employment and labor, securities, litigation, alternative dispute resolution, contract management, risk management, budgeting, and third-party risk assessments.
When you retain my services for your international venture, I take a proactive approach to minimize risk and enhance the value of your investment.
Our Atlanta Corporate Law Attorneys Fight for Your Interests
Tenacious Georgia Lawyers Protect Your Business
Dedicated to Protecting Your Business
We provide advisory, transactional and litigation services for clients in all areas of corporate law, including:
Commercial and securities litigation
Partnership and shareholder disputes
Mergers and acquisitions
Labor and employment issues
Intellectual property issues
Commercial banking issues
Planning Your Financial Future
Our law firm is committed to your prosperity and will aggressively defend you from shareholder disputes and commercial lawsuits. Our attorneys are experienced trial lawyers, and we go the extra mile to produce the best possible results for our clients.
Business Litigation Attorneys in Atlanta
Georgia Law Firm Litigates on Behalf of Your Business
If you engage in commerce, sooner or later you are almost certain to encounter a dispute with a client or contractor that you’ll need outside help to resolve. At Spizzirri Law Offices Company Limited, we assist businesses through alternative dispute resolution and civil court trials in both state and federal court. We have the knowledge and experience to help your business in cases related to:
Banking and creditor issues, including lender liability
Breach of contract
Breach of warranty
Intellectual property, including copyright and trademark infringement
Partnership and shareholder disputes
Recovery From Breach of Contract
When a party to a contract fails to perform, he damages the other business. This damage often goes beyond the immediate inconvenience of getting less than promised by the contract. The breach can also cost you future profits if you are unable to serve your clients as a result. Our skilled attorneys can help you achieve the best legal remedy for a breach of contract, such as:
Compensatory damages – Reimbursement for immediate monetary loss
Consequential and incidental damages – Compensation for additional foreseeable losses caused by the breach
Attorney fees and costs – Amounts available only if the contract expressly states they are recoverable
Liquidated damages – Amounts specified in the contract that are payable for particular breaches, such as late or substandard performance
Specific performance – Court order requiring the breaching party to fulfill the terms of the contract
Punitive damages – Penalty for a party’s objectionable behavior, meant to punish the breaching party and discourage other parties from acting in a similar manner
Rescission – Cancellation of the contract, with both sides excused from further performance and payments made under the contract returned
Reformation – Change in the terms of the contract when the court believes there was an honest misunderstanding by the parties about what was to be performed
Caffordable Alternatives to a Civil Suit
The cost of traditional litigation can easily exceed the amount of the contract. Fortunately there are various means of alternative dispute resolution (ADR), including mediation and arbitration, which are less costly and quicker than civil lawsuits, but can deliver the same remedies. Our skilled negotiators have successfully represented clients in arbitration and mediation hearings, and have settled lawsuits prior to trial, saving our clients expenses and getting their businesses back on track.
“After 2 years of fighting a battle that seemed we would not win even with all supporting documentation, we had an international commercial dispute with a purchase in South Korea. After multiple failed attempts and constant run around, I called Paul. He took a creative approach devising a solution that saved us both time and money. Paul within days engaged in discussion with in-house counsel and helped us reach resolution within a few weeks! A 2 year battle, Paul solved in just weeks!”
Let a proactive corporate lawyer manage your international business contracts
Cross-border business ventures can open up great opportunities, but only if you manage risk properly. Trust Spizzirri Law Offices Company Limited to take a proactive approach to international business law that reduces your exposure to risk and helps you reap greater rewards.
To schedule a consultation, call (404) 999-2161 or contact my Atlanta office online.
If you are spending too much of your company’s budget on legal fees, or you are just tired of the reactive approach to business law, Paul M. Spizzirri is prepared to help. Schedule a consultation to learn how my approach can produce value for your business. Call (404) 999-2161 or contact my Atlanta office online.