The following transactions and services are representative of Mr. Herbst’s practice:
Foreign Investment in the U.S.
Providing a complete package of legal services for foreign investors seeking to establish a new U.S. business entity, including choice of entity, tax advice, business licensing and immigration services, for a reasonable fixed fee. Mr. Herbst has obtained non-immigrant and immigrant visas and work authorization for executives, investors, professionals, and skilled workers from China, Canada, Taiwan, the United Kingdom and other countries.
Conducting due diligence for investors seeking to invest in existing U.S. companies, and advising the investors on how best to protect their investments in the event that the U.S. companies fail.
Representing foreign clients in acquiring U.S. assets such as real estate (including hotels, warehouses and gas stations) and businesses.
Acting as U.S. general counsel for a large and successful manufacturer and distributor of health products located in northern China. Mr. Herbst has assisted the client in the establishment and structuring of U.S. entities, provided general business advice, assisted in real estate transactions, and provided immigration advice for Chinese executives.
Corporate Finance and Emerging Companies
Advising emerging companies in the marketing, healthcare, wireless and technology industries on raising funds from investors in private offerings of equity, employment issues, shareholder relations, protecting intellectual property, stock options, electronic commerce and obtaining work authorization for foreign professional workers.
Mergers and Acquisitions
Representing firms such as software companies, banks and trust companies, equipment leasing companies, engineering firms, supermarkets, restaurants, manufacturers and other types of businesses in the purchase and sale of assets or stock, management buy-outs, recapitalizations, and spin-offs of subsidiaries or divisions.
Representing U.S. and foreign companies in joint ventures in the U.S. and overseas.
Advising foreign clients selling to U.S. customers on how to maximize the chances of getting paid for their products, using techniques such as security interests and guaranties.
Representing a food product company with a proprietary product, on licensing and distribution agreements for distribution throughout North America.
Acting as primary U.S. counsel to a Canadian venture firm in its US$120 million secured senior loan to a Canadian mining company with substantial U.S. operations. As U.S. counsel, Mr. Herbst worked with Vancouver and Toronto counsel advising on U.S. commercial issues, drafting security instruments relating to U.S.-based security and rendering security opinions for the senior lender and the mezzanine lenders.
Representing a U.S. corporation purchasing two aircraft from a Chinese airline.
Acting as U.S. counsel for a lending syndicate providing financing for a stock acquisition involving a European firm with retail operations in the Northwest. As the client’s U.S. counsel in the US$166 million senior facility, Mr. Herbst prepared security documentation relating to real and personal property, advised on U.S. commercial law issues, and negotiated with London counsel regarding the scope of legal opinions.