Practice Areas
Manufacturing
As a core contributor to the economy of the Borderplex region, manufacturing is a dynamic and growing sector. Manufacturers both large and small, local and multi-national, rely on ScottHulse PC’s manufacturing attorneys to help them navigate the complexities of investing and doing business in our rapidly growing and ever-changing cross-border marketplace. Working collaboratively across practice groups 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 legal service.
Services we provide to manufacturers include, but are not limited to, assistance with:
- Corporate and securities, including business formation both domestically and internationally
- Licensing and permitting
- Assistance with drafting, revising, and negotiating contracts with both suppliers and customers
- Regulatory matters, including zoning regulations and environmental compliance
- Facility location and expansion, including the pursuit of economic development incentives
- Real Estate transactions and disputes
- Construction contracts related to the 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 and 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 and export regulations
- Immigration, including work-related Visas
- Insurance matters
Select Representations:
- 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 multi-million 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
