We had the chance to sit down with Fred and Todd of Foley & Lardner (http://www.foley.com/) to discuss points startups should consider as part of 'flipping' to the USA or starting off as a foreign company vs. one based in the USA.
A little bit more background on Fred & Todd:
Fred Adam is a partner and business lawyer with Foley & Lardner LLP. He advises public and private multi-nationals, investment funds, and fund portfolio companies regarding international outbound and inbound tax planning, fund formation structuring, domestic tax matters of all types and international tax matters relating especially to global business model planning and global tax efficiency projects, transfer pricing, mergers and acquisitions, financial services (PE, Venture, Hedge, etc.), and pre- and post-transaction integration structuring. In particular, Mr. Adam concentrates his practice on taxation and structuring involved in international and domestic tax matters, fund formation and investment transactions, private equity investments, and domestic and international mergers & acquisitions. His experience also includes domestic and cross-border fund formation, taxation and structuring, domestic and international real estate matters, and day-to-day advisory for international and capital market businesses. Integral to his planning experience, Mr. Adam also has significant experience relating to tax controversy matters and transfer pricing.
E. Thom (Todd) Rumberger Jr. is a partner and corporate lawyer with Foley & Lardner LLP where he focuses his practice on private equity, mergers and acquisitions and venture capital, and Internet, software, telecommunications, digital media and financial services companies through all stages of their growth. He is vice chair of the firm’s Private Equity & Venture Capital Practice, co-chair of the Technology Industry Team and is a member of the Transactional & Securities Practice. Mr. Rumberger counsels his corporate clients, ranging from start-up, emerging growth stage and venture backed, to public domestic and foreign companies, on a wide variety of matters ranging from formation, capitalization, key executive employment and general employment issues, and corporate governance, to early (convertible debt and seed preferred) and later stage venture capital, debt and public equity financings and offerings, strategic partner, reseller, and similar commercial agreements. In addition, he has broad transactional experience representing public and private company, and private equity, buyers and sellers involved in mergers and acquisitions and financings. Additionally, Mr. Rumberger works with foreign start-up and growth stage companies in establishing a presence in the United States.