Canada

Our Focus

International Trade & CFIUS

We advise clients on all aspects of customs/import compliance, global trade policy, international trade litigation, export controls (International Traffic in Arms Regulations or “ITAR” and Export Administration Regulations or “EAR”) and economic sanctions, as well as international anti-corruption and the Foreign Corrupt Practices Act (FCPA). We help clients with export/import classifications/jurisdictions, obtain export licenses and other authorizations and comply with the trade laws. We also handle investigations of violations and represent clients in voluntary disclosures to the agencies and the United States government criminal and civil investigations. In addition, we provide transaction support on Committee on Foreign Investment in the United States (CFIUS) inbound investment matters and advice regarding potential future outbound investment prohibitions and reporting requirements.

Mining

Our Mining lawyers are experienced, trusted advisors to several of the world’s largest metals and mining companies. We have developed particularly strong relationship with Canadian mining companies and have represented several in various parts of the world. Each mining project has a variety of unique challenges and risks and we are proud to be able to advise our mining clients across the range of these issues, including advising on the adoption of preventive measures to mitigate the foregoing and other legal risks that may arise. Some major legal matters we advise on include regulatory and tax stabilization, human rights and the environment, anti-corruption and financial crimes, and investigations. We also have significant experience representing our clients in matters brought before various International Tribunals and in quantifying damages.

Government Relations 

Our Government Relations Practice advises Canadian corporations and their legal counsel on the highly technical aspects of cross-border lobbying, legislative advocacy, and government contracts, as well as compliance with the Lobbying Disclosure Act, Foreign Agents Registration Act (FARA), the FCPA, the Federal Election Campaign Act, and military procurement. Our lawyers and political professionals also advise Canadian corporations on the policy aspects of doing business in the United States. We ensure our Canadian clients have access to the most important policy intelligence and can interact with prominent figures in Congress and the current Administration to explain their positions. In addition to this advocacy work, we have advised Canadian law firms, government contractors, international shippers, and large pension funds on how to comply with US laws governing political advocacy, lobbying, and finance. Enforcement of these laws has become very contentious lately, and the lawyers in the ArentFox Schiff Government Relations Group have the most up-to-date skills to ensure your work in the United States will be effective and compliant.

Corporate & Operations

We understand the corporate and transactional needs of our Canadian clients, who often operate with limited staffing in the United States and require assistance in navigating the United States legal landscape. We regularly advise our clients on United States corporate governance and compliance along with matters relating to employment (including executive employment contracts, employee handbooks, discrimination claims, trade secrets, and non-competes), immigration, real estate leasing, product issues (including regulatory approvals and plaintiff’s claims), vendor contracts, and most other day-to-day business issues that arise when operating a business in the United States.

We regularly advise clients on transactions, including acquisitions or dispositions of businesses and real estate, joint ventures, and financings, whether through banks or by means of private and public offerings of equity and debt, and securities compliance.

Immigration and Benefits

We regularly advise clients on obtaining work authorization for employees of Canadian companies coming to work in the United States. This includes counseling the company on the appropriate corporate structure in the US (branch, affiliate, subsidiary, joint venture, parent) to meet the company’s short- and long-term goals. We will develop a cost-effective strategy such as registering the company as a treaty investor or treaty trader under the US’s treaty with Canada so that Canadian citizens can be employed in the United States in executive, supervisory, or essential skills positions, setting up a Blanket L intracompany transferee program to allow executives, managers or specialized knowledge employees to be transferred to the United States, or filing individual petitions with US Citizenship and Immigration Services for a person of extraordinary ability or other types of work authorization. Our services include the visa application process at the US Embassy, the US consulate, and other locations in Canada. We also provide training and counseling regarding the proper completion of Form I-9, Employment Eligibility Verification, which all US employers must complete for their employees in the United States.

Compensation and employee benefits are key to attracting, incentivizing, and retaining employees. We have significant experience counseling multinational companies with employees in the United States on the myriad of complex laws, including the Employee Retirement Income Security Act and the US Internal Revenue Code, that govern compensation and benefits. We will guide clients through the structuring, design, implementation, and compliance of broad-based employee benefits and compensation programs for their employees, including retirement plans, health plans, and incentive programs. In addition, we partner with company boards and management to structure and implement equity-based and incentive programs specifically designed to align the interests of executives with those of the company. We will advise companies on governance and fiduciary issues designed to minimize risk in the operation and administration of retirement and health and welfare benefit programs, such as establishing benefit plan committees and investment subcommittees, preparing board and committee resolutions, negotiating service provider and vendor agreements, and reviewing and preparing investment policy statements and fiduciary training.

Litigation and Arbitration

Armed with more than 200 litigators, ArentFox Schiff lawyers have also argued and defended thousands of civil and criminal cases in both federal and state courts across the United States and before regulatory agencies and arbitral tribunals around the globe. Our International Arbitration & Dispute Resolution practice provides a unique perspective that appreciates the international nature of each dispute, the unique interests of the parties, and the intricacies of the international arbitral process. Our team is led by attorneys with extensive experience in international dispute resolution and strong government and diplomatic backgrounds. This experience gives us the deepest understanding of the key decision points that are critical in navigating complex international matters and managing government regulation.