Marlon discussed a broad range of legal issues that many will have to consider in advance of the World Cup, including trademark issues, Miami’s legal obligations, travel to the United States, workforce demands, licensing requirements for public watch parties, and more.

Marlon represents businesses, entrepreneurs, and local and international governments in corporate, intellectual property, and government matters, and is a key member of the firm’s Road to the World Cup group.

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Our firm has experience assisting businesses in establishing production lines in the U.S. by entering into manufacturing supply agreements with local manufacturers. These supply chain agreements require careful consideration of the parties’ respective obligations, particularly concerning expected volumes, warranties, and logistics management. These agreements should also include safeguards to protect the foreign manufacturer’s intellectual property rights and establish quality standards consistent with those normally employed in their country of origin. By leveraging our experience, foreign manufacturers can ensure a smooth transition of their production operations.

For manufacturers of products that are incorporated into construction projects, establishing production lines in the U.S. offers additional benefits beyond potential tariff savings. It may also make products eligible for selection in federally-funded construction projects. Two key frameworks to consider are the Buy American Act (BAA) and the Buy America regulations.

The Buy American Act (BAA) applies to direct federal procurement, such as contracts for federal building construction. Under the BAA, products must be manufactured in the U.S., with at least 55% of the cost of components sourced domestically. It is important to note that these thresholds may vary based on recent policy changes. 

Buy America regulations are more restrictive and apply to federally funded transportation projects, such as highways and rail systems. Under the Federal Transit Administration (FTA) and Federal Highway Administration (FHWA) rules, all steel, iron, and manufactured products must be produced in the U.S. without reliance on a component cost threshold. This stringent requirement ensures that transportation projects funded by the federal government prioritize domestic production.

Foreign manufacturers would typically learn of these requirements if their goods are being specified by a U.S. architect or contractor that is handling the procurement for a project with federal funding. Typically, the manufacturer would be required to provide a certificate of compliance with the project’s country of origin requirements.

In conclusion, the tariffs introduced by the Trump administration present challenges for foreign manufacturers, but they also create opportunities for those willing to adapt their production strategies. By partnering with local manufacturing providers, foreign manufacturers can seek ways to stay competitive in the U.S. market. Compliance with regulations such as the Buy American Act and Buy America can provide access to federally-funded projects. 

Our firm has assisted foreign businesses in navigating these complexities and establishing successful production lines in the U.S.

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Partner & Chair of the Firm’s International Group, Roger Kobert, spoke February 29th on a panel at the Americas Forum of the American Bar Association, Section of International Law, called “Continental Shift: The Changing Terrain of Professional Ethics in the Americas.” Roger spoke on ethical concerns about online alternatives to traditional legal services, such as Avvo and LegalZoom, and about lawyers rendering business advice to private-sector clients. The forum was held at the Mandarin Oriental Hotel on Brickell Key in Miami.

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Mitchell A. Bierman (Member) – Mitch routinely handles government affairs and administrative matters for major international companies in the transportation, environmental and solid waste, engineering and construction industries. Mitch chairs WSH’s Airports and Aviation Services Group, and has nearly 20 years of experience in airport finance, airline negotiations, airport concessions and land leasing and development.

Joseph Hernandez (Partner) – Joe represents real estate developers, financial institutions, private equity firms, hotel companies, and public and private universities in all phases of commercial real estate and business transactions. He also works with banks and other lending institutions in secured corporate loan transactions.

Roger S. Kobert (Partner) – An experienced trial attorney, Roger has prosecuted and defended cases and claims for individuals, foreign and domestic companies, partnerships, joint ventures, trusts, and publicly-traded Fortune 500 businesses. Roger has advised foreign governments on matters of U.S. law, and appeared as an expert witness on matters of U.S. law in foreign court proceedings.

Michael S. Popok (Member) – Michael focuses his practice on complex litigation; his experience has involved the successful representation of a global financial services firm in a multimillion dollar suit involving its purchase of a life settlements firm, representation of a financial institution in $50 million worth of commercial foreclosures, and a developer in its efforts to develop a $50 million condominium project. A skilled appellate advocate, Michael’s successful advocacy on behalf of his clients has resulted in a number of reported appellate decisions in both Federal and State courts.

Marc C. Pugliese (Of Counsel) – Marc’s practice emphasizes international litigation; he has represented clients from Argentina, Brazil, Italy, Mexico, Spain, and Venezuela. He has extensive experience handling litigation of commercial matters, including title insurance claims, deceptive and unfair trade practices litigation, business fraud, class actions, and secured transactions.

Carlos M. Rodriguez (Of Counsel) – Carlos provides legal and business counsel to individuals, publicly-owned entities, and privately held domestic and foreign entities. He has advised clients in U.S. and foreign title insurance matters, site location, valuation, acquisition, disposition, and leasing of real property.

Joseph H. Serota (Founding Member) – An experienced litigator, Joe has successfully represented private and public entities throughout South Florida. He is also a skilled appellate advocate, and was inducted into the Florida Trend Legal Elite (Top 1% Florida Lawyers) Hall of Fame in 2012.

Author(s): Brooke P. Dolara

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