Manufacturing has long been a core part of U.S./Mexico border region’s economy and heritage. Over the past 15 years, the region has increasingly attracted manufacturers wishing to capitalize on the NAFTA free trade agreement by developing twin-plant maquiladora facilities or shelter operations. Manufacturers both large and small, local and multi-national, have relied on ScottHulse manufacturing attorneys to help them navigate the complexities of investing and doing business in our rapidly growing and ever-changing cross-border marketplace.
''We have relied on ScottHulse for all of our legal needs since relocating to the Borderplex more than a decade ago. They have been key legal and strategic advisors on everything from contracts and leases, banking and finance, and labor and employment, to succession and transition planning and transactions. ScottHulse has been a trusted partner in our growth – a contributor to our success.''
Charles A. Sholtis
CEO & Owner
Plastic Molding Technology, Inc.
Charles A. Sholtis
CEO & Owner
Plastic Molding Technology, Inc.
CEO & Owner
Plastic Molding Technology, Inc.
ScottHulse Law Firm is strategically headquartered in El Paso, Texas, the heart of the West Texas, Northern Mexico, and Southern New Mexico Borderplex, which is one of the largest and most dynamic manufacturing centers in North America.
Our in-depth knowledge of the manufacturing sector and our experience in working with manufacturers across diverse industries enable us to provide responsive service and support to manufacturer clients. ScottHulse is one of the region’s most established full-service law firms, which enables our manufacturing attorneys to leverage the multi-disciplinary knowledge, experience, and expertise of our various core practice groups, which include Corporate & Securities, Labor & Employment, International Trade & Cross-Border Business, Transportation & Logistics, Banking & Finance, Real Estate, Tax, Construction, Mergers & Acquisitions, Litigation, and Creditor’s Rights.
Working collaboratively both internally and with our clients, we help manufacturers build, strengthen and protect their businesses. From business formation, plant construction, equipment leasing, and distribution agreements, to customs, labor and employment, and multi-jurisdictional tax matters, we offer clients the efficiency and effectiveness of one-source service.
While we have broad experience in a wide array of manufacturing sectors, we have developed particular expertise related to manufacturing in Mexico, including both maquiladoras and shelter manufacturing. We also have experience related to contract manufacturing, packaging, industrial equipment, plastics and injection molding, chemicals, concrete products, food and food handling products, Tier I and Tier II automotive, and aerospace and defense, among other product categories.
Our strategic locations in the U.S./Mexico trade corridor and our extensive work on behalf of clients engaged in cross-border business have enabled us to develop strong institutional knowledge of Mexico laws and regulations, including and not limited to those related to maquiladoras, customs, and imports/exports. Our Mexico Law practice, which includes a licensed Mexico attorney, uniquely positions ScottHulse as a truly international business law firm, offering cross-border manufacturing clients the convenience, efficiency, and effectiveness of single-source, dual representation in both the U.S. and Mexico. This enables clients to consolidate and streamline oversight, coordination, and implementation of their U.S./Mexico legal activities, thus easing the challenges of conducting cross-border business.
Our Manufacturing practice group is led by experienced international business attorneys, which enables us to provide manufacturers with counsel and support, not only in matters involving the U.S. and Mexico, but also opportunities or issues involving other countries in Canada, Asia, Europe, and Latin America.
Services we provide to manufacturers include, but are not limited to assistance with:
- Corporate & Securities, including business formation both domestically and internationally;
- Licensing and permitting;
- Assistance with drafting, revising and/or negotiating of contracts with both suppliers and customers;
- Regulatory matters, including zoning regulations and environmental compliance;
- Facility location and expansion, including pursuit of economic development incentives;
- Real Estate transactions and disputes;
- Construction contracts related to building or expansion of facilities;
- Lending and finance, including bank loans, asset-based financing, and factoring agreements;
- Leasing, including complex equipment leasing and financing transactions;
- Corporate development, including mergers and acquisitions and joint venture and distribution agreements;
- Labor & Employment, including management training, preventive programs and, when needed, litigation;
- Tax and administrative matters in both the U.S. and Mexico, including multi-jurisdictional issues;
- International trade, including import/export regulations;
- Immigration, including work-related Visas; and Insurance matters.
Representative Matters
- Counsel to a U.S. company in the establishment of maquiladora (manufacturing) operations in Texas and Mexico
- Counsel to many U.S. companies in shelter agreements and contract manufacturing agreements to allow the U.S. company to do business in Mexico without establishing direct operations (permanent establishment) in Mexico
- Counsel to U.S. subsidiary of one of the largest electronics companies in the world in the establishment of logistics operations in Texas and Mexico
- Counsel to large packaging/pallet manufacturing business from Mexico in the formation of a company in and the establishment of operations in Texas
- Counsel to a U.S. company in the acquisition of manufacturing plants in Mexico with financing obtained from U.S. lenders
- Counsel to Buyer in the acquisition of several multimillion dollar manufacturing, packaging and logistics businesses with operations in the U.S. and Mexico (maquiladora operations)
- Counsel to Seller in a $71.1 million dollar sale of its business with operations in the U.S. and maquiladora operations in Mexico
- Counsel to Seller in a $16 million dollar sale of its packaging business with operations in the U.S. and maquiladora operations in Mexico
- Represented major Borderplex-based and mid-western based manufacturing companies in the acquisition of other businesses representing expansion opportunities. These transactions have been structured as asset purchases, stock purchases, and mergers, and have involved companies based in California, Minnesota, Florida, New Jersey, Connecticut, Texas, Oklahoma, and other states, the operations of which were often consolidated to the Borderplex region following the acquisition. One particular transaction, involving the acquisition of the stock of a Connecticut Subchapter S corporation, was structured as a §338 (h)(10) election under the Internal Revenue Code to allow the buyer to account for the transaction as an asset purchase rather than a stock purchase, thus giving the seller and the buyer the desired favorable tax treatment.
- Debtor-in-possession financing for manufacturing operations
Susanna Visconti
Attorney / Shareholder
Legal Updates
Changes to Operation of Maquiladoras in Mexico
Several changes have been made to the operation of Maquiladoras in Mexico including import and export regulations, inventory control regulations, and taxing and declaration procedures. >>> Full Story
''Our deep experience in the manufacturing sector, combined with our strategic locations in the U.S./Mexico border region and our ability to provide legal representation in both countries, enables us to provide responsive service and support to clients.''
Susanna Visconti
Susanna Visconti
