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Presidential Proclamation

On June 22, 2020, the White House announced an extension and expansion of Proclamation 10014, which was originally announced on April 22, 2020 and restricted the issuance of and entry on immigrant visas.  The new visa ban expands the restrictions to certain non-immigrant categories.
Continue Reading How the New Presidential Proclamation Regarding Non-Immigrant Visas Affects Your Company

New York Partner Valérie Demont and Associate Karl Buhler authored an article about the CARES Act and its benefits and pitfalls for French companies doing business in the United States, which was published in the French leading legal review “Les Editions Legislatives.”
Continue Reading The U.S. economic recovery plan: benefits, limits and risks for French companies in the United States

On Monday, March 16th, 2020, the U.S. will be extending the March 13th, 2020 “European Travel Ban” to certain foreign nationals who have been in the United Kingdom and Ireland for 14 days prior to boarding.  These two countries were previously exempted from the Wednesday, March 11th Presidential Proclamation (the “First Proclamation.”)


Continue Reading The U.S. Coronavirus Inbound Travel Ban Has Been Expanded to Flights from the U.K., Ireland, and Schengen countries, in Addition to the Previous Ban from China and Iran

On February 7, 2018, the Commercial and Appellate Courts of Paris officialized the creation, for each of them, of a chamber dedicated to resolving international commercial litigations. These chambers are known as the International Commercial Courts of Paris (the “ICCP”).

Proceedings before the ICCP have been revised recently to better meet the specific needs of foreign parties involved in international commercial litigations taking place in Paris, in a move to strengthen foreign investments in France, especially in the context of Brexit with a commercial litigation market that represented in 2016 $17.2 billion in the United Kingdom.
Continue Reading The Benefits of the International Commercial Courts of Paris in French-American Commercial Litigations

Part II: Offer Letters and Background Checks

In a previous article, we addressed certain pitfalls for numerous foreign employers seeking to hire personnel in New York State (see Part 1 regarding advertising and interviewing for a job). This article is the second and last in a two-part series, which will now discuss sensitive New York laws concerning (1) offer letters and (2) background checks.

Drafting an Offer Letter

Once an employer has decided to extend an offer of employment to an applicant, many use offer letters to communicate key terms of employment for the candidate’s consideration. Offer letters are a valuable tool in setting expectations and creating a relationship with a prospective employee. If not carefully drafted, however, offer letters can also be construed as an employment contract or agreement for a fixed term of employment, creating unintended obligations on the employer’s behalf. In New York, the default employment relationship is “at will,” meaning that either the employee or the employer can terminate the relationship at any time, with or without cause and with or without notice. To preserve this relationship status while accurately describing employment terms, employers should observe the following basic requirements when drafting offer letters:
Continue Reading Hiring Personnel in New York: Dos and Don’ts – Part 2

Part I: Advertising and Interviewing

Foreign companies expanding their operations to the U.S. through New York usually handle their U.S. hiring process like the way they do back in their home country. They should not.

While many states place restrictions on the hiring process, New York offers extensive and singular protection to prospective employees whose content and scope is not necessarily in the mind of all U.S. employers; foreign-based ones should, therefore, be even more careful. From posting a job offer to running a background check, New York employment law constantly evolves and thus provides many pitfalls that can turn any hiring process into a costly and lengthy litigation. This article is the first in a two-part series that will address certain key New York laws regarding (1) advertising and interviewing for a job, and (2) offer letters and background checks.
Continue Reading Hiring Personnel in New York: Dos and Don’ts – Part 1

French investments in the U.S. vary largely in terms of scale and nature, but whatever it is a small French startup only creating an even smaller U.S. subsidiary or a large French corporation acquiring and restructuring an even larger U.S. group, they all face the same hurdle at some point: opening a U.S. bank account to run their newly-created or newly-acquired business.

Be aware that U.S. banks require corporations, partnerships and LLCs to have an Employer Identification Number (“EIN”) to open an account. Therefore, until you have an EIN, you cannot open a bank account, which could affect your transaction’s agenda, especially in deals where time is of essence (which is almost always the case).
Continue Reading Opening a U.S. Bank Account Can be Much More Onerous than you Think and Can Delay Your Cross-Border Transaction or Growth Plans in the U.S.

The Bureau of Economics and Analysis of the U.S. Department of Commerce (BEA) conducts researches and analysis on foreign direct investments in the United States quarterly, annually and every five-year. Foreign investors should be acquainted with its requirements, more specifically, its BE-13 and BE-15 forms.
Continue Reading Foreign Investors in the US are required to declare their investments to the Bureau of Economics and Analysis of the U.S. Department of Commerce