| Thelen Reid & Priest LLP |
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| 2004-09-25 02:24 |
Thelen Reid & Priest LLP is a national law firm with headquarters in both New York and San Francisco. With more than 440 attorneys practicing in the firm’s six offices, we serve Fortune 500 companies and their privately-held counterparts, as well as smaller businesses and individuals. We pride ourselves on achieving our clients’ goals through experienced, superior and cost-effective counsel.
Thelen Reid maintains offices in the following cities:
NEW YORK--875 Third AvenueNew York, NY 10022-6225
SAN FRANCISCO--101 Second Street, Suite 1800San Francisco, CA 94105-3606
WASHINGTON, DC--701 Pennsylvania Avenue, N.W., Suite 800Washington, DC 20004-2608
LOS ANGELES--333 South Hope Street, Suite 2900Los Angeles, CA 90071-3048
SILICON VALLEY--225 West Santa Clara Street, Suite 1200San Jose, CA 95113-1723
FLORHAM PARK, NJ--200 Campus Drive, Suite 210Florham Park, NJ 07932
Thelen Reid & Priest’s China Practice
Thelen Reid & Priest LLP serves thousands of clients worldwide. We provide our clients with expertise in a complete range of practice areas, including finance, corporate law, mergers and acquisitions, energy, construction, government relations, international trade, intellectual property, telecommunications, international tax, arbitration and dispute resolution and immigration.
Thelen Reid attorneys have handled major transactions in China and other Asian countries for more than 70 years, and several of our attorneys are fluent in Mandarin and familiar with Chinese and Asian cultures and legal systems. Thelen Reid counsels U.S. and multi-national clients on inbound work and Chinese clients on outbound work. The firm prides itself on an understanding of the unique needs of Chinese entities operating in the United States and internationally. For example, we regularly provide risk analyses for Chinese clients before they engage in contracts abroad. Our long-term experience in the region allows us to creatively develop entry and exit strategies for clients, which ultimately result in solid investments and strong returns. Thelen Reid’s understanding of the Chinese, U.S. and international markets benefits our clients at home and abroad.
Clients involved in China-U.S. business also benefit from Thelen Reid’s experience in U.S. government relations, including contacts with leading Congressmen and U.S. government agencies and committees, such as the Senate and House Committees on energy, commerce, science and transportation, the Senate Foreign Relations Committee and the U.S. Trade Representative's Office. We also assist in developing favorable legislation, rulings and policies affecting international business.
Business and Finance
Thelen Reid’s Business and Finance Department provides legal representation and counseling in a wide range of domestic and international corporate and commercial finance transactions. Our practice focuses on capital markets transactions, mergers and acquisitions and general corporate representation, representing businesses throughout the world.
Thelen Reid clients benefit from our multi-dimensional practice teams, which help our clients to select the proper structure for their investment—whether it be a wholly-owned direct investment, joint ventures, or licensing, distributorship or agency arrangements.
Our clients benefit from Thelen Reid’s numerous contacts and familiarity with investment bankers, banking institutions, other private financial sources and capital markets, as well as with international and U.S. government institutions such as the World Bank, Asian Development Bank, Multilateral Investment Guarantee Agency, U.S. Overseas Private Investment Corporation and U.S. Export-Import Bank.
Construction
Thelen Reid’s Construction Department has focused on China’s development and the need for legal services to foreign companies entering that market. We are equally focused on the needs of Chinese contractors entering the international market. Thelen Reid’s construction team is attuned to the growth of the Chinese market while recognizing that Chinese contractors are already playing a substantial role in the international market. Thelen Reid’s attorneys, familiar with the market barriers encountered by Chinese companies, are able to assist Chinese companies in overcoming such obstacles. The firm’s construction law attorneys are fully experienced in representing clients from the initiation of projects and preparation of contract documents through dispute resolution, including claims preparation, negotiation, mediation, arbitration and trial. We have worked on all types of projects, ranging from buildings through some of the largest infrastructure projects in the world.
Energy
Thelen Reid has advised clients on energy projects in China since 1935, when our predecessor firm, Reid & Priest, became counsel to Shanghai Power Company. The firm has been a key participant in the energy and infrastructure arena, both in the U.S. and internationally, for more than 70 years. We advise more than 100 electric and gas utilities in various aspects of their businesses, including addressing new challenges in the deregulated U.S. gas and electric markets. In addition, we represent numerous independent power project developers, private investors and funds, multilateral lending institutions and service providers, including equipment manufacturers, engineers, construction contractors and operators.
Government Relations
The attorneys and professionals in our government relations group lobby and monitor various trade issues, including antidumping and countervailing duties with respect to steel, chemicals, petrochemicals, lumber and other industries; importation of fresh fruits and vegetables, export controls (including sanctions, list of prohibited entities and other matters), export licensing (including dual use items, defense articles, technology, know-how, nuclear equipment and other items), customs matters; and promotion and passage of private tariff bills and treaties (investment and tax treaties) before the U.S. Congress, U.S. Commerce, Energy, Treasury (U.S. Customs Service) and State Departments, Office of the U.S. Trade Representative and the White House.
Our government affairs team handles international trade issues relating to intellectual property and has counseled clients on Section 201 (escape clause and relief matters regarding products such as steel and non-ferrous metal) and Section 232 (national security) proceedings, the International Economic Emergency Powers Act, the Export Trading Company Act and the 2002 Form Act.
Finally, our attorneys provide advice and counseling with respect to trade provisions in the continuing appropriations funding bills and defense contracting legislation.
International Trade Law
Thelen Reid provides advice on all aspects of trade regulation, including countervailing duties, import tariffs, antidumping law, high-tech export licensing, government embargoes, free trade agreements and customs law. Clients benefit from our contacts with officials in the U.S. Department of Commerce, the U.S. Trade Representative’s Office, the U.S. Department of Treasury’s Customs Service, the International Trade Commission and the Internal Revenue Service. The firm's experience in international trade law is complemented by intensive subject matter expertise in international transactions, litigation, arbitration, government contracting, financing, technology transfer and
international taxation.
International trade-related matters handled by our attorneys include customs, export control and asset control laws, antidumping and countervailing duty proceedings, anti-boycott laws, foreign trade zone ("FTZ") matters and issues regarding the U.S. Foreign Corrupt Practices Act (“FCPA”).
Intellectual Property
Thelen Reid’s Intellectual Property attorneys provide guidance with regard to patent, copyright, trademark, trade secret and unfair competition matters. Many of our intellectual property practice attorneys hold degrees in engineering, chemistry, material sciences and nuclear physics and are national leaders in these evolving fields.
Clients value our globally-oriented advance planning strategies designed to defend their intellectual property rights or to enforce their rights to sell products or services. The firm also provides strong litigation capabilities, when necessary, to complement our protective role. Our attorneys focus on maximizing and enhancing the value of our clients' intellectual property assets and we take an expansive approach to our clients' needs.
Telecommunications
Thelen Reid has decades of experience in the telecommunications and information technology industries both in the United States and internationally. We represent clients in all segments of these industries, and our attorneys have comprehensive experience and understanding of them from the technical, legal, operational, financial, commercial, regulatory and policy perspectives. We have the breadth and depth of experience to handle the transaction, regulatory and policy needs of domestic and global telecommunications and technology companies.
International Tax
Thelen Reid’s tax clients include foreign corporations from more than 40 countries and U.S.?based multinational corporations and institutional investors. We have extensive experience in the U.S. taxation of foreign activities of U.S. multinational corporations, particularly in the area of foreign tax credit and "Subpart F" planning. We also plan cross-border mergers, migrations, realignments, spin?offs and liquidations. In the context of outbound investments, the Thelen Reid tax group has been extensively involved in the tax structuring of international power, communication and infrastructure projects to reduce host country taxes, withholding taxes, and to maximize the U.S. creditability of such taxes or, in some instances, to defer taxes. Our tax lawyers have been involved in the formation of offshore funds targeted for investing in particular industries or particular markets, such as India, Russia and Israel. The tax group has advised on the formation of several international telecommunication companies for the financing of satellite, cellular and undersea cable communication activities.
International Arbitration and Dispute Resolution
Thelen Reid has been in the forefront of international arbitration law and practice. Our attorneys have acted as counsel in dozens of international arbitrations under the rules of the International Chamber of Commerce (ICC), UNCITRAL, London Court of International Arbitration, Stockholm Chamber of Commerce, American Arbitration Association (AAA) and ad hoc cases taking place in 16 different locales. Thelen Reid's specialization in international arbitration has led to close relationships with arbitration specialists throughout Asia and Europe.
Business Immigration
Our immigration attorneys assist domestic and international companies as well as individuals in all areas of business immigration compliance issues and with respect to immigration posting and work authorization verification requirements. We represent clients before the various U.S. overseas consulates, the U.S. Department of Labor, the U.S. Department of Justice and the U.S. Department of State concerning prevailing wage requests, labor condition applications, labor certification applications, priority worker petitions, visa revalidations and naturalization applications.
Significant Engagements
--Represented a Chinese company in due diligence of certain U.S. investments.
--Represented a Chinese company in divestiture and dissolution of U.S. investments.
--Represented a Chinese company in dispute resolution for a South American contract.
--Represented a Chinese company in risk analysis of an international EPC contract.
--Represented an international Chinese bank in an Alien Tort Claims Act case.
--Represented a U.S. investor in a potential joint venture with a Chinese company for the manufacture and distribution of cosmetics in the domestic Chinese market.
--Represented various Chinese and Asian companies in the listing of their securities in the U.S. securities markets.
--Represented an international Chinese bank in a proceeding in U.S. Bankruptcy Court in connection with business loans for a food importer.
--Represented an international Chinese bank in the defense of a federal court proceeding in New York, which included a supplier’s attempt to collect funds from one of the bank's customers.
--Represented two Chinese banks in their capacities as shareholders of another company in a New York shareholders’ derivative action against certain officers and directors.
--Represented the Peoples’ Republic of China in the U.S. District Court in California in a claim for damages for trademark and trade dress infringement involving beer bottle and carton packaging for a brewery.
--Represented a U.S. developer in the development and financing of a 36 MW cogeneration facility and two 100 MW thermal power projects in the Zhejiang Province.
--Represented a developer and equity investor in structuring participation in offshore and local project companies owning a 700 MW coal-fired electrical generating facility, including issues relating to Chinese companies law.
--Represented a major water utility company as the developer on a BOT basis of a water infrastructure project in Southern China, including responsibility for the concession agreement, operations agreements and related project documentation.
Thelen Reid & Priest LLP Contact Information
George H. Wang
Thelen Reid & Priest LLP
875 Third Avenue
New York, NY 10022
Telephone: (011) 212.603.2000
Direct Dial: (011) 212.603.2062
Direct Fax: (011) 212.829.2056
E-Mail: gwang@thelenreid.com
www.thelenreid.com
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