Borderless Counsel

10/08/2026

Already running a business outside the United States and considering expanding into the U.S. market?

The L-1 visa may be relevant for certain employees of qualifying organizations who are being transferred to a related U.S. entity. Depending on the circumstances, the classification can apply to executives, managers, or employees with specialized knowledge.

For international businesses, immigration planning and business structuring often need to be considered together.

Thinking about expanding your business to the United States? Email [email protected] to discuss your U.S. immigration options with Borderless Counsel.

10/06/2026

Choosing a trademark class is an important part of protecting your brand in the United States.

But a trademark class does not tell the whole story. The specific goods or services identified in the application also matter when determining the scope of a registration and whether another mark may create a conflict.

For businesses with multiple products or plans to expand, choosing the right goods and services at the filing stage can make an important difference.

Our latest blog explains how trademark classes work and what businesses should consider before filing.

👉 Read the full article at www.borderlesscounsel.com/blog-news-and-updates/2026/10/6/how-trademark-classes-affect-the-scope-of-your-us-trademark-protection

When a business applies for a U.S. trademark, it must identify the goods or services connected to the mark. Those goods and services are organized into international trademark classes used by the United States Patent and Trademark Office (USPTO). For business owners, understanding trademark classes

10/02/2026

Planning to acquire an existing business? One important question is what exactly you are purchasing.

An acquisition may be structured as an asset purchase or a share purchase, and the two approaches can have different legal, financial, and practical consequences.

An asset purchase may involve acquiring selected business assets and assuming specified liabilities. In a share purchase, the buyer generally acquires the ownership interests of the existing company along with the company's underlying assets and liabilities.

The right structure depends on the transaction, the businesses involved, and the terms negotiated between the parties.

Considering an acquisition? Contact Borderless Counsel at [email protected] for guidance on the legal considerations involved.

09/29/2026

The rules surrounding the $100,000 H-1B payment requirement continue to develop, creating important questions for employers and foreign professionals planning future U.S. hiring.

Our latest article takes a closer look at where the policy currently stands, the court challenges surrounding it, the recent extension through September 2027, and the separate DHS proposal for a new H-1B fee.

For businesses and professionals planning ahead, understanding the difference between current requirements, court rulings, and proposed changes is essential.

👉 Read the full article at www.borderlesscounsel.com/blog-news-and-updates/2026/9/29/the-100000-h-1b-fee-where-things-stand-and-what-may-come-next

Businesses that rely on skilled foreign workers have spent the past year following one of the most closely watched changes to the H-1B program in recent memory. A presidential proclamation introduced a $100,000 payment requirement for certain new H-1B petitions. Court challenges followed, and the re

09/24/2026

Applying for a trademark is only part of the process. For certain applications, businesses also need to show how the mark is actually being used in commerce.

A specimen can provide evidence of that use. Depending on the goods or services, an acceptable specimen may take different forms, such as a product label, packaging, website page, or service advertisement.

Choosing the right specimen matters. A screenshot that does not properly show the connection between the mark and the relevant goods or services may not satisfy the USPTO's requirements.

Preparing a U.S. trademark application? Borderless Counsel can help you understand the filing requirements and prepare your application.

Email [email protected] to discuss your trademark needs.

09/22/2026

A service agreement may look straightforward, but unclear terms can create problems long after the contract is signed.

Businesses often overlook important details such as the exact scope of services, payment terms, intellectual property ownership, confidentiality, liability, and what happens if the relationship ends.

Our latest blog explores common mistakes businesses make when drafting service agreements and the issues that should be considered before signing.

👉 Read the full article at www.borderlesscounsel.com/blog-news-and-updates/2026/9/22/common-mistakes-businesses-make-when-drafting-service-agreements

Businesses regularly use service agreements when working with consultants, agencies, technology providers, contractors, and other service providers. A service agreement can help define what each party is expected to do and establish the terms governing the relationship. However, a contract may not

09/15/2026

Starting a business in the United States? Choosing between an LLC and a corporation is one of the first legal decisions you may need to make.

The two structures differ in areas such as ownership, management, taxation, fundraising, and governance. The right choice can depend on your business goals, ownership structure, plans for future investment, and the state where the company will be formed.

Our latest blog explains the key differences between LLCs and corporations and the factors business owners should consider before choosing a structure.

👉 Read the full article at www.borderlesscounsel.com/blog-news-and-updates/2026/9/15/choosing-between-an-llc-and-a-corporation-for-your-us-business

Choosing a legal structure is one of the early decisions a business owner must make when starting a business in the United States. Two common options are a limited liability company (LLC) and a corporation. Both structures can provide liability protection, but they differ in how they are formed, go

09/09/2026

Planning to invest in a business in the United States?

For certain foreign nationals, the E-2 Treaty Investor visa may provide a pathway to enter the United States to develop and direct a qualifying business.

The process involves more than simply making an investment. Factors such as the investor's nationality, the nature and amount of the investment, the source of funds, and the structure of the business can all be relevant.

Understanding the requirements before committing significant resources can help investors plan more effectively.

Considering an E-2 visa? Contact Borderless Counsel at [email protected] to discuss your U.S. immigration options.

09/07/2026

THE DEAL MIGHT FALL THROUGH. YOUR CONFIDENTIAL INFORMATION SHOULDN’T. 🔐

Before a deal is signed, businesses often have to share some of their most valuable information.

Financials.
Customer data.
Business plans.
Pricing.
Technology.
Product ideas.

But what happens if the investor says no?
The acquisition doesn't close?
The partnership never happens?

That’s where a Non-Disclosure Agreement (NDA) can matter.

An NDA can set clear rules around:

🔹 What information is confidential
🔹 How it can be used
🔹 Who can access it
🔹 How long confidentiality applies
🔹 What happens to the information if negotiations end

Whether you're discussing an investment, acquisition, partnership, licensing deal, or joint venture, confidentiality should be addressed before sensitive information is shared.

📖 Read our latest article:
www.borderlesscounsel.com/blog-news-and-updates/2026/9/7/how-non-disclosure-agreements-protect-businesses-before-a-deal-is-signed

Businesses often share sensitive information before a formal business relationship begins. A company may discuss a potential investment, partnership, acquisition, licensing arrangement, joint venture, or commercial relationship before the parties know whether a deal will actually move forward. Thes

08/31/2026

Bought the domain name. Registered the business name. Does that mean you own the trademark?

Not necessarily.

A business name, domain name, and trademark can serve different legal purposes. Registering a company name or securing a domain does not automatically give you trademark rights in the name or prevent another business from using a confusingly similar mark.

For businesses preparing to launch a new brand, understanding these distinctions early can help avoid costly changes later.

Borderless Counsel helps businesses evaluate trademark protection and develop strategies for protecting their names, brands, and intellectual property.

Planning to launch a new brand? Visit https://www.borderlesscounsel.com/ to learn more about our trademark services.