Australia

Overview

We partner with Australian clients to ensure their US business and legal goals are met. From Perth to Melbourne to Sydney to Brisbane, our firm has extensive experience representing companies based throughout the commonwealth, both public and private, in all aspects of their US businesses. We advise our Australian clients on all manner of corporate, commercial, regulatory, finance, intellectual property, labor and employment, litigation, and other needs. For some clients, we leverage our capabilities and efficiencies in advising start-ups, as their US operations may be similar in scale. For others, we advise on complex commercial contracts, international trade compliance, international finance, and other sophisticated cross-border activities.

Our Focus 

Corporate Governance & Organization

We provide comprehensive corporate services tailored to meet the unique needs of Australian businesses when operating in the United States. Our team of seasoned attorneys guides our Australian clients through an array of organization-related decisions, including ownership structures, tax planning, succession planning, ease of maintenance, management resources, financing structures, and expansion opportunities. We provide guidance on a host of corporate governance issues. Our firm is committed to providing personalized, practical solutions that align with your company’s objectives and mitigate potential legal risks.

Import & Export Compliance

AFS lawyers assist our Australian clients with an array of import and export related issues. On the import side, we assist with counseling and compliance; customs and import disputes; customs audits and USMCA/FTA verifications; customs litigation; duty elimination and reduction; enforcement actions and penalties; PGA import requirements; and tariff strategies. On the export side, we counsel clients on US and international export control laws from an array of US agencies.

Mergers & Acquisitions

We can assist Australian clients in an array of US-based transactions, including acquisitions, joint ventures, mergers, and distribution agreements. We have extensive experience assisting companies in the acquisitions of other businesses or enterprises, whether through mergers, stock or asset acquisitions, or other combinations (including auctions), or as sellers in divesting their ownership interests in the business or one or more of its divisions or subsidiaries.

Corporate Finance

We assist Australian clients with sophisticated finance agreements, including complex receivables purchase agreements that support international supply chain financing. We guide clients in structuring, negotiating, and documenting credit agreements and related arrangements to finance their ongoing business operations in support of their business and growth strategies, while retaining their control of the business.

Food and Agriculture Regulatory Compliance

Our attorneys work closely with clients throughout the entire product life cycle, from development of ingredients to any necessary pre-US market authorizations, through product positioning and launch, and, finally, in defense of threatened post-launch enforcement or legal actions. We participate in USDA, FDA, and EPA rule-making and adjudicatory proceedings; respond to federal and state enforcement efforts; and handle related civil and criminal litigation.

Immigration

Our immigration practice regularly assists Australian clients with obtaining authorization to live and work in the United States through immigrant and nonimmigrant visas. Our team provides clients with periodic immigration status reports to ensure they are aware of their foreign nationals’ immigration status, employment expiration dates, and next steps. We have checklists and fact sheets to streamline processes and effectively communicate application requirements.

Labor, Employment & OSHA

Our Labor & Employment team assists management and HR functionaries of our Australian clients in their US labor matters and employment-related litigation, and also counsels employers on all legal aspects of employer-employee relations in the United States. This includes counseling clients on US hiring practices, employment agreements, employee handbooks, non-competition, non-solicitation, non-disclosure, and other agreements, as well as enforcing their rights under these agreements when former employees choose to violate them.

Employee Benefits & Executive Compensation

We work with Australian clients to determine which retirement and health/welfare benefits plans best suit their US employees’ needs. We assist in the design and implementation of all types of equity-based plans, phantom equity or profit-sharing arrangements, deferred compensation, and employment agreements. We can also advise companies on compliance with the requirements of the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code, and other applicable statutes.

Commercial Litigation

Success in the US market often requires a strong litigation team. ArentFox Schiff trial lawyers have a proven track record for bringing commercial disputes to successful conclusions through trial, settlement, and alternative dispute resolution methods. We have successfully advised Australian clients in an array of litigation, mediation, and arbitration matters, in support of their business goals and defense of their contractual, equitable, and other rights.

Intellectual Property

Protecting your IP rights is critical to a business’s success in the United States. Our intellectual property attorneys offer a full range of services, including patent, trademark, trade secret, and copyright protection and dispute resolution. We regularly assist our Australian clients in developing and implementing their IP strategy as they go to market in the United States. We also are experienced in related areas such as advertising clearance, privacy, non-disclosure agreements and covenants not to compete, and franchisor/franchisee relations. Our IP attorneys take a holistic view and work with our Australian clients on devising trademark, patent, and copyright strategies not just in the United States but globally as well.

Tax

Tax issues are critical, of course, to the success of launching a US-based business from Australia. Our tax attorneys are highly experienced in advising Australian clients and working with their commonwealth-based accountants and tax advisers on devising the optimal tax strategy for their US businesses. We develop creative, customized solutions for clients using an interdisciplinary approach that considers the intricacies of US tax law while minimizing risk and maximizing opportunity.

Supply Chain Management

We offer clients a comprehensive understanding of the unique factors applicable to the efficient management of global supply chains. We have extensive experience in devising and negotiating complex supply, services, procurement, and vendor agreements, multi-party agreements, and other supply chain arrangements in service of our Australian and other non-US businesses. We have successfully enforced these agreements in multi-jurisdictional disputes and potential disputes as well.  

Focus Areas

• Corporate Governance and Organization
• Import and Export Compliance
• Mergers and Acquisitions
• Corporate Finance
• Food and Agriculture Regulatory Compliance
• Immigration
• Labor, Employment & OSHA
• Employee Benefits & Executive Compensation
• Commercial Litigation
• Intellectual Property
• Tax
• Supply Chain Management

What Do We Do

• Advise Australian companies on forming and structuring US-based entities, including ownership, tax planning, governance, succession planning, and expansion considerations.
• Counsel on US import and export compliance, including customs matters, audits, tariff strategy, enforcement actions, and export controls administered by multiple US agencies.
• Assist with US‑based transactions such as acquisitions, mergers, joint ventures, distribution arrangements, and divestitures, including stock and asset deals and auction processes.
• Structure, negotiate, and document corporate finance arrangements, including complex receivables purchase and credit agreements supporting growth and operations.
• Guide clients through US food, agriculture, and environmental regulatory requirements across the product life cycle, from pre‑market authorization through enforcement defense and litigation.
• Support immigration planning for executives and employees through immigrant and nonimmigrant visa processes, with ongoing status monitoring and compliance oversight.
• Advise employers on US labor and employment matters, including hiring practices, employment agreements, restrictive covenants, workplace policies, OSHA compliance, and related disputes.
• Design and implement US employee benefits, equity compensation, and deferred compensation arrangements, and advise on ERISA and tax compliance.
• Represent clients in commercial litigation, mediation, and arbitration to protect contractual and business interests in US forums.
• Protect and enforce intellectual property rights through patent, trademark, copyright, and trade secret strategies, as well as related advertising, privacy, and franchise matters.
• Develop US tax strategies in coordination with Australian advisers, addressing cross‑border structures, compliance obligations, and risk management.
• Advise on global supply chain arrangements, including complex procurement, services, and vendor agreements, and enforce those arrangements in multi‑jurisdictional disputes.

Who Do We Help

Our clients work in an array of industries, including:

• Beverage & Food, including beef production, distribution, and supply chain management
• Construction
• Consumer Products, including e-bikes and mobility products
• Cosmetics
• Life Sciences
• Media and Entertainment
• Mining & Minerals
• Nonprofits & Associations
• Professional Services
• Sports
• Technology

In addition, we are a trusted partner to Australian financial and professional services firms seeking to guide their clients toward trusted and reliable US-based counsel.