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German Desk

If you’re part of a company from a German speaking nation in Europe that operates in, or seeks to operate inenter the United States, our international services team can help. The FBT Gibbons German Desk was established to deliver dedicated, full-scale legal support to clients from Germany, Switzerland, and Austria that have business interests or strategic opportunities in the United States.

Our team combines attorneys from a broad range of legal disciplines, all with a particular focus on “Mittelstand” companies and historic successa long history of helping clients execute joint ventures and move goods and capital across borders. Our clients range from new entrants into the U.S. marketplace to established international companies operating around the world, particularly in the manufacturing, machinery, high technology, optics, life sciences, chemicals, steel, banking, and insurance industries.

How We Help Clients

For companies entering the U.S. market through greenfield investment, acquisition, or joint venture, we advise on structuring (including tax efficiencies), negotiate and manage the transaction, and support integration of the new venture. We also assist with securing work and resident visas, implementing and enforcing labor and employment strategies and policies, developing supply chains and sales channels, and leveraging intellectual property assets globally.

We also provide advice and support in the following areas:

  • Corporate organization and governance
  • Franchising
  • Distributorship arrangements
  • Taxation
  • Financing
  • Intellectual property
  • Regulatory matters, including international trade sanctions
  • Import/export compliance, tariffs, and customs
  • Litigation and arbitration
  • Labor and employment
  • Real estate and environmental law

Core Capabilities

Corporate Business

In corporate transactional matters, our experience includes structuring, tax, antitrust, intellectual property, workforce, global trade, customs, employee benefits, real estate, and environmental law. We counsel and assist buyers, sellers, venture capital investors, management groups, independent committees of directors, and investment banking firms with strategic planning and regulatory compliance for complex cross-border transactions.

Our German Desk team works with management in the United States and in Germany, Switzerland, and Austria on the negotiation and documentation of such transactions, as well as related due diligence investigations and all legal aspects of integrating the businesses involved. We provide responsive and proactive service to meet demanding transactional timelines.

International Trade

We advise on U.S., German, EU, and other applicable trade and customs laws, helping companies ensure their import and export practices and vendor contracts are legally sound, compliant, and aligned with business objectives.

Subsidiaries & Corporate Governance

We assist German-speaking clients with selecting the appropriate jurisdiction for forming U.S. subsidiaries, structuring entities efficiently from corporate and tax perspectives, and implementing sound governance structures.

International Tax

Our tax attorneys advise clients from Germany, Switzerland, and Austria on U.S. tax matters, including:

  • Choice of entity, formation, and compliance requirements
  • Application of tax treaties to specific transactions and structures
  • Structuring acquisitions or dispositions of entities or property, including Foreign Investment in Real Property Tax Act (FIRPTA) considerations for foreign sellers subject to U.S. tax withholding and reporting obligations on dispositions of U.S. real property interests
  • Application and interpretation of transfer pricing regulations for transfers of tangible and intangible property
  • Requirements for tax-deferred mergers, spin-offs, and inbound contribution transactions

Dispute Resolution

FBT Gibbons has represented German and other European clients in significant litigation and alternative dispute resolution proceedings, involving complex questions of international and non-U.S. law. These matters have included issues relating to EU data protection and privacy requirements, as well as U.S. civil litigation rules governing document production and e-discovery.

Representative matters have involved federal and state laws addressing employment disputes, manufacturing and commercial contract disputes, intellectual property issues, and tort claims. Some cases have involved specialized statutes such as the Foreign Corrupt Practices Act, the Alien Tort Statute, and the Anti-Terrorism Act.

Immigration

We advise on and obtain work visas and resident permits for managers and employees, including green cards. In coordination with CPA firms, we also assist expatriates navigate U.S., German, and international law, particularly concerning tax and inheritance issues.

Intellectual Property

We develop cost-effective strategies for protecting and licensing patents, trademarks, copyrights, and trade secrets, and help clients execute those strategies worldwide.

Experience Highlights

Corporate Business

In corporate transactional matters, our experience includes structuring, tax, antitrust, intellectual property, workforce, global trade, customs, employee benefits, real estate, and environmental law. We counsel and assist buyers, sellers, venture capital investors, management groups, independent committees of directors, and investment banking firms with strategic planning and regulatory compliance for complex cross-border transactions.

Our German Desk team works with management in the United States and in Germany, Switzerland, and Austria on the negotiation and documentation of such transactions, as well as related due diligence investigations and all legal aspects of integrating the businesses involved. We provide responsive and proactive service to meet demanding transactional timelines.

International Trade

We advise on U.S., German, EU, and other applicable trade and customs laws, helping companies ensure their import and export practices and vendor contracts are legally sound, compliant, and aligned with business objectives.

Subsidiaries & Corporate Governance

We assist German-speaking clients with selecting the appropriate jurisdiction for forming U.S. subsidiaries, structuring entities efficiently from corporate and tax perspectives, and implementing sound governance structures.

International Tax

Our tax attorneys advise clients from Germany, Switzerland, and Austria on U.S. tax matters, including:

  • Choice of entity, formation, and compliance requirements
  • Application of tax treaties to specific transactions and structures
  • Structuring acquisitions or dispositions of entities or property, including Foreign Investment in Real Property Tax Act (FIRPTA) considerations for foreign sellers subject to U.S. tax withholding and reporting obligations on dispositions of U.S. real property interests
  • Application and interpretation of transfer pricing regulations for transfers of tangible and intangible property
  • Requirements for tax-deferred mergers, spin-offs, and inbound contribution transactions

Dispute Resolution

FBT Gibbons has represented German and other European clients in significant litigation and alternative dispute resolution proceedings, involving complex questions of international and non-U.S. law. These matters have included issues relating to EU data protection and privacy requirements, as well as U.S. civil litigation rules governing document production and e-discovery.

Representative matters have involved federal and state laws addressing employment disputes, manufacturing and commercial contract disputes, intellectual property issues, and tort claims. Some cases have involved specialized statutes such as the Foreign Corrupt Practices Act, the Alien Tort Statute, and the Anti-Terrorism Act.

Immigration

We advise on and obtain work visas and resident permits for managers and employees, including green cards. In coordination with CPA firms, we also assist expatriates navigate U.S., German, and international law, particularly concerning tax and inheritance issues.

Intellectual Property

We develop cost-effective strategies for protecting and licensing patents, trademarks, copyrights, and trade secrets, and help clients execute those strategies worldwide.

Foreign Legal Internship Program

FBT Gibbons operates a foreign legal internship program (FLIP) through which foreign law graduates rotate into the firm’s New York office for three-month internships. Many FLIP participants are German Referendare who complete part of their required clerkship at the firm. These Referendare provide valuable support to our German Desk team and often go on to practice in German-speaking countries, further expanding the firm’s international network.

 

German Desk Contact

A person with glasses is wearing a suit with a red tie against a white background.
Kai Bitter

Partner

Cincinnati, OH

Frank Cannone
Frank T. Cannone

Partner

Newark, NJ

New York, NY

Robert Coyne
Robert F. Coyne

Partner

Newark, NJ

Brian DiBenedetto
Brian DiBenedetto

Partner

New York, NY

Peter Flägel
Peter Flägel

Partner

New York, NY

Terry Myers Profile Image
Terry Myers

Counsel

New York, NY

Myriam Rastaetter Profile Image
Myriam Rastaetter

Partner

New York, NY

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