Global Supply Chains and Onshoring

Recent world events dramatically highlight how global supply chains can leave counties vulnerable to disruptions in the flow of manufactured products. Whether medical supplies, energy, electronics or mechanical goods, the disruptive impact of shortages of critical goods is more apparent today than ever before.

As a result, the United States is revaluating the economic and national security risks that can result from overreliance on imported of manufactured goods and materials. Federal and state leaders are encouraging greater domestic production of critical goods and materials (known as “onshoring” or “reshoring”), through various policy and legal methods, including executive orders and changes in legislation and regulations. This means domestic and foreign manufacturers have increased opportunities and incentives to locate facilities within the United States and its territories.

Developing new or expanding existing facilities requires a team of professionals to assist with the many details of such an effort. Smith Gambrell & Russell frequently assists manufacturers from around the globe who are locating or expanding manufacturing facilities in the United States. This means SGR has the experienced team and breadth of knowledge to guide clients through the onshoring process. SGR is not new to these areas – we have helped clients with these issues for decades. Experience matters when making these critical decisions. We can help.

Legal Considerations for Moving Your Operations to the USA:

Site Selection
If you need a manufacturing facility or a warehouse/distribution center, SGR has the experience to help you assess potential sites based on your needs and negotiate economic incentives from the local government to decrease your costs. Once you have your site, we can also assist with bond and other financing and construction contracts.

Corporate
SGR represents companies, small, large, and multi-national, through their entire life cycle, from formation to growth strategies and capital raises to sales and exit strategies. Our clients are in virtually every industry including manufacturing, plastics, energy, home improvement, software, medical devices, timber telecommunications, banking, real estate, hospitality, and chemicals. We use that vast experience to develop practical and innovative solutions.
SGR can help you with:

  • The structure and entity form (partnerships, LLCs, or corporations) that works best for you
  • Contracts with key vendors and customers
  • Distributorship, licensing, and franchise agreements
  • Software and technology agreements
  • Joint Venture agreements

Intellectual Property
We offer a full range of intellectual property services, including patent, trademark, copyright, and trade secret protection, and we are a formidable opponent in intellectual property litigation. Many of our patent attorneys have advanced degrees in engineering, biology, chemistry, computer, and other sciences.

Health Care
Regulatory compliance alone has created increasingly rigid and pervasive guidelines in all areas of health care, particularly pertaining to physician compensation and investments as well as to the operations of hospitals, nursing homes, and other patient care providers. At the same time, heightened competitive pressures have hastened consolidation within the industry, primarily through mergers and acquisitions, increasing the business and legal complexity of the industry exponentially.

Cybersecurity & Data Privacy
Because concerns over privacy and data security continue to grow as businesses and consumers conduct more of their activities using online means and with electronic devices, compliance obligations arise in numerous settings and for companies in virtually every industry segment. We regularly assist our clients with data breach problems, privacy issues, and security matters.

Real Estate
Whether you are buying real property for manufacturing, warehousing or other commercial purposes or leasing office space, SGR has the diverse and sophisticated real estate transaction experience that can help clients respond to the challenges of the current and changing real estate markets around the country. SGR’s attorneys meet our clients’ needs in acquiring, financing, investing in, constructing, leasing (as landlord or as tenant) and selling commercial property. As an added feature, if an executive employee is looking for a new home, our residential real estate practice is more than capable of assisting with buying or leasing a coop or condominium, apartment or home.

Environmental
Environmental laws impact virtually every business, large and small. SGR’s attorneys are leaders in their knowledge of federal, state and local environmental laws and responding to those issues. We handle a broad variety of permitting and compliance issues, including land and water use, hazardous waste disposal, and toxic site cleanup and spill problems.

Construction
Building, Renovating, and Zoning
Our Construction attorneys are experienced in drafting or reviewing and negotiating complex construction contracts, and architectural and design agreements, with a view to furthering our client’s objectives to bring their project in on time and under budget.
SGR is also able to expertly assist clients with land use issues ranging from zoning feasibility studies, re-zoning and variances, to special use and building permits, and land use and eminent domain litigation.
The SGR Construction group also adds value with their experience in:

  • Project planning, administration, and close-out
  • Insurance and bonding
  • Compliance and permitting
  • Environmental matters

Tax Law
You will have to invest money in the U.S. and hopefully, you will have profits you want to repatriate back to your home country. SGR’s international tax team is familiar with the important tax treaties as well as U.S. tax laws and can help you navigate this tricky terrain.

Financing
SGR has vast experience representing borrowers (and lenders) in negotiating and closing loan transactions of all sizes (from $100,000 to over $650,000,000) and all types, including unsecured lines of credit, asset-based loans and factoring, leveraged buyouts, finance leases and syndicated and securitized (CMBS and RMBS) loans are from both institutional and private lenders. SGR also deals with all manner of related matters including guaranties, letters of credit and increditor and subordination issues.

Bond Financing
SGR has participated in virtually every type of public finance transaction, including general obligation bonds, project revenue bonds, direct and conduit financing, and credit enhancement financing. SGR is also experienced in federal tax law requirements for tax exemption.

Investment Incentives
The federal government, states, counties, and cities can provide significant investment incentives for the creation and retention of local employment. Negotiating for incentives can be a cost-effective approach to reduce a significant part of the start-up cost of an operation.

Aid is provided to reduce the cost of the acquisition of hard assets, such as building and equipment, and to assist with other expenses of starting a business, such as workforce training. In many cases, more than 50% of the hard assets can be financed through incentives.

Deciding on an approach to incentives should be one of the key factors in considering an investment decision that will create or preserve local employment. States and communities expect to compete for significant projects, and this environment, when properly employed, works to our clients´ advantage. All aspects of a project, from initial assessment to the announcement of the final investment decision, are part of the negotiation.

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