Canada-U.S. International Practice

As more and more businesses engage in global commerce, we understand that on many issues, a coordinated continental strategy is in the best interest of both Canada and the U.S. Enhancing our bilateral relationship benefits the corporations that drive the bilateral integrated North American economy.

Led by former U.S. Ambassador to Canada Gordon Giffin, McKenna Long & Aldridge LLP (MLA) has a turn-key Canada-U.S. team that works seamlessly on a wide variety of matters for businesses and governments on both sides of the border. MLA’s Canada-U.S. Cross-Border Practice is comprised of several practice groups, including Public Policy and Regulatory Affairs, Corporate and Mergers & Acquisitions, Government Contracts and Litigation. Our experience and offerings speak to key bilateral issues and opportunities including:

Attorneys and professionals in our Canada-U.S. Cross-Border Practice draw on legal, government and industry experience throughout the firm to provide our clients with strategies that are effective in both the legal and policy arenas. Our teams also works regularly with numerous Canadian-based firms on corporate matters. The MLA team, combined with Canadian counsel, has invaluable proficiency and insight in connection with Canadian and cross-border transactions.

Public Policy and Regulatory Affairs. Our public policy strategists are uniquely immersed in Canada-U.S. relations, and have a deeply vested interest in promoting an effective bilateral relationship. In addition to the former Ambassador to Canada, the former Chief of Staff to the Ambassador, and Canadian nationals, our team includes a number of professionals who have held positions in the U.S. Department of Commerce, the Overseas Private Investment Corporation, Congress, Department of Homeland Security and the Department of Defense.

Corporate / Mergers and Acquisitions. Our Mergers and Acquisitions practice is ranked among the top 50 firms in various M&A league tables and is one of ten firms in the U.S. to be ranked "Tier One" for Mergers, Acquisitions and Buyouts for deals up to $500 million by Legal 500. The publication observed that the practice is "an excellent choice for middle-market companies seeking practical advice in a wide variety of legal matters. Service is always good and the attorneys’ industry knowledge makes them indispensable."

We have significant M&A experience in domestic and cross-border transactions involving publicly-owned and privately-held businesses in many different industries. These transactions range in value from hundreds of thousands of dollars, to billions of dollars. Our experience includes acquisitions, divestitures, strategic alliances and contested transactions such as unsolicited bids, tender offers, proxy contests and other changes in corporate control. We also have extensive experience in purchasing and selling international operations, conducting pre-bid due diligence and transaction negotiations, international mergers, structuring offshore companies and branch offices, and sales of stock between foreign firms.

We also have complementary corporate capabilities in corporate finance and securities, tax, governance, employee benefits and executive compensation, health care, commercial lending, and intellectual property.

Private Equity. We represent private equity, venture capital and hedge funds in all aspects of their businesses, including fund formation, growth equity, leveraged and management buyouts, leveraged recapitalizations and divestitures. Our legal services in this area cover the full spectrum of corporate finance transactions. They include asset and cash-flow based senior debt, mezzanine and warrant financings, management buyouts, leveraged buyouts, public offerings, mergers and acquisitions, and corporate spin-offs. Our private equity clients typically focus on control acquisitions, and involve acquisition targets that are privately-held middle market businesses. Our hedge fund clients provide a variety of capital solutions in both growth and distressed situations. We represent fund sponsors and investors. We also represent management teams and companies in transactions involving private equity investments and recapitalizations. Our experience in representing financial investors enables us to assist management teams in bridging issues that arise in the context of these transactions. We also provide generalized tax advice with respect to various hedge fund managers, particularly related to cross-border, partnership and Foreign Bank and Financial Accounts (FBAR)/bank secrecy issues.

Trade, Transactions and Dispute Resolution. MLA’s lawyers and trade policy professionals assist clients in aspects of moving goods, services, capital and technology across the Canada-U.S. border. Our clients range from large multinationals to companies that engage in international joint ventures, contracts of sale, use of foreign business representatives and other partnering and commercial arrangements.

Government Contracting and Government Procurement. Our clients provide the government with highly technical, sophisticated and complex products and systems. Our government contracts attorneys leverage our experience in government procurement and defense issues, compliance programs, product liability/risk mitigation, human resources issues and other matters affecting our client’s business interaction with the U.S. government.

Litigation: Protecting Canadian Entities in U.S. Courts. MLA has U.S. and Canadian lawyers that competently handle full-scale, complex litigation for Canadian entities in U.S. courts, including cross-border creditor rights and bankruptcy matters. MLA litigators have routinely handled cross-border discovery matters for U.S. entities seeking discovery from Canadian inquiries. Our litigation team has more than 30 years of litigation experience and has served as lead counsel in significant cases involving a broad range of commercial and business disputes, including a variety of transnational cases dealing with Canadian issues and legal proceedings.

Our collective experience brings the ever-shifting economic, political and legal landscape of both countries into better focus, as we engage deeply beyond the headlines to anticipate how emerging issues may affect our clients. Our distinctive viewpoint allows us to identify and capitalize on opportunities, navigate pitfalls and build winning coalitions.