Over the past few months I have had the pleasure to participate in several significant manufacturing events, including events at The White House, the Department of Commerce, and most recently, at the first International Space Trade Summit.  At these events, I had a chance to speak with manufacturers across the globe, including several companies that wanted to explore either launching (no pun intended!) or growing in the United States.

In my experience, entry into the U.S. by a foreign manufacturer is very doable despite what others might say.   I try to simplify entry into four key concepts or four “Yours.”

  1. Your Commitment:  It is important to be here.  Potential customers, suppliers, and employees all pay attention to whether the business executives from abroad spend time in the United States.
  2. Your Entry Point (“Buzz”):  In my experience, the companies that can create a buzz around their entry are more likely to succeed.  This is done by celebrating the opening of the factory (with key local officials), marking significant anniversaries, and interacting with government officials early in the process.
  3. Your People:  It is important to have “boots on the ground.”  A lot of companies will hire a U.S. based sales representative as a first step, but sometimes that is fraught with peril.  The manufacturers that I have seen succeed place an emphasis on getting their U.S. based employees to buy into their culture and integrate them as quickly as possible.  In addition, location in the U.S. is key – don’t try to cover too much, too early.
  4. Your Structure:  My discussion of corporate structure is intentionally last.  Most legal and tax advisors will start here.  They will talk about corporate structure and formation before anything else.  Yes, tax implications often drive a lot of decisions for a foreign company.  But, corporate structure considerations should not drive the overall business strategy.
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Photo of Jeffrey White Jeffrey White

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or…

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or family owned manufacturers. For those looking for my detailed law firm bio, click here.

I am often asked why I have focused a large part of my law practice on counseling manufacturers and distributors. As with most things in life, the answer to that question is tied back to experiences I had well before I became a lawyer. My grandfather spent over 30 years working at a steel mill (Detroit Steel Company), including several years in its maintenance department. One of my grandfather’s prime job duties was to make sure that the equipment being used was safe. In his later years, he would apply those lessons learned in every project we did together as he passed on to me his great respect and pride for the manufacturing industry.

Because of these experiences, I not only feel comfortable advising executives in a boardroom, but also can easily transition to the factory floor. My experience has involved a range of industries, including aerospace and defense, chemicals, energy, pharmaceuticals and life sciences, nutritional and dietary supplements, and retail and consumer products. While I have extensive experience in litigation (including product liability and class actions), I am extremely proactive about trying to keep my clients out of the courtroom if at all possible. Specifically, I have counseled manufacturers and distributors on issues such as product labeling and warranties, product recalls, workplace safety/OSHA, anti-trust, and vendor relations, among other things. I always look for the business-friendly solution to a problem that may face a manufacturer or distributor and I hope this blog will help advance those efforts.