SUCCESSFUL BUSINESS DEALINGS IN THE UNITED STATES




New Zealand Trade and Enterprise

North American Beachheads

       ...
LEGAL TIPS FOR SUCCESS

Budget for / Identify Competent and Cost Effective US Legal Repre-
sentation in Advance.



Protec...
LEGAL PITFALLS FOR THE UNWARY

•   Selling on Open Account

•   Not Protecting Your IP Up Front

•   Not Understanding the...
CONCLUSION
The US Market offers unlimited business opportunities and
Americans are very entrepreneurial and eager to do bu...
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Susie Hoeller "A Legal Checklist For Doing Biz In USA"

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Susie Hoeller "A Legal Checklist For Doing Biz In USA"

  1. 1. SUCCESSFUL BUSINESS DEALINGS IN THE UNITED STATES New Zealand Trade and Enterprise North American Beachheads Conference 2009 Chicago Illinois October 5th and 6th, 2009 LEGAL TIPS Susie L. Hoeller - NZTE Beachheads Advisor Hoeller Law Firm 1500 NE Benjamin Greens Bentonville AR 72712 479-271-6812 (office) 479-271-6823 (fax) Susie@hoellerlaw.com www.hoellerlaw.com
  2. 2. LEGAL TIPS FOR SUCCESS Budget for / Identify Competent and Cost Effective US Legal Repre- sentation in Advance. Protect your Intellectual Property before you start showing your sam- ples or selling products with NDAs and US Patent and Trademark Reg- istrations . Prepare a Holistic Checklist of US Federal, State and Local Laws and Regulations that apply to your business and prioritize your compliance activities and costs. Written Contracts are Essential . Hiring, Managing, Compensation, and Termination of Employees requires employment processes and procedures that are documented in advance (Employee Handbook). 1
  3. 3. LEGAL PITFALLS FOR THE UNWARY • Selling on Open Account • Not Protecting Your IP Up Front • Not Understanding the Basics of US Employment Laws • Not Using Written Contracts that are Mutually Signed • Not Filing Proper Advance Forms with US Customs • Not Understanding what US and State Agencies Regulate Your Business • Not Having US Warranties and Disclaimers of Damages in Place for Consumer or Industrial Products • Not Complying with US FDA or USDA Regulations on Labeling Food Products • Not performing sufficient due diligence on US Customers 2
  4. 4. CONCLUSION The US Market offers unlimited business opportunities and Americans are very entrepreneurial and eager to do business. However, the US is a litigious society. To avoid defensive litiga- tion and to protect one’s legal and contractual rights, one has to be pro-active with legal issue identification and handling on the front end. Smaller amounts of time and money spent on the front end to preventively deal with legal issues saves large amounts on the back end when disputes may arise with cus- tomers or suppliers and/or government agencies. Susie L. Hoeller Hoeller’s Law Firm 1500 NE Benjamin Greens Bentonville AR 72712 479-271-6812 (office) 479-271-6823 (fax) Susie@hoellerlaw.com www.hoellerlaw.com 3

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