US Legal Advice

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A complete guide from expert Attorney for setting up in business in the USA.

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There has never been a stronger emphasis placed by U.K. government officials on the ‘Special Relationship’ than in the Post-Brexit era.

Even before the 2016 referendum, the US was recognised as the largest single destination for British exports, with trade between the UK and US worth an estimated £130 billion every year, accounting for around 30 per cent of world trade.

The US and especially under President Trump, prides itself on its perception as one of the most welcome environments for foreign trade and investment and it continues to be an increasingly important market for U.K. businesses.

Regardless of the opportunities, it would be dangerous for any business, regardless of size or sector, to take anything other than a measured and realistic approach to trading with the U.S. Given the scale of the market there, and the fact that the 50 States with their own corporate and business laws, there is huge potential, but also huge risk.

The best advice is to research the opportunity extensively, then access the available help and advice of U.S. qualified professional advisers and UK-US business groups who can offer support.

When it comes to U.S. legal matters, you need to ensure that you take professional advice as U.S. legal matters can be complex and difficult to navigate.

For UK businesses and individuals who need US legal assistance, it can be difficult knowing where to start.  How do you find the right lawyer who can assist you? Will your U.K. solicitor be able to work with you on a US legal matter? Or do you need to find a specialist American lawyer?

The answer depends on the type of legal matter at hand and whether there is a UK legal element to the specific situation. U.S. law is based on the U.K. common law, so there are a number of cross-overs, however, the Federal and State system, along with 240 or so years of U.S. constitutional, procedural and legal evolution means that U.S. system is almost entirely different to the U.K. Legal system.

If you are unsure about whether you require the assistance of a U.S. Lawyer or and “Attorney-At-Law”, then worry not - In the U.S.A., unlike the U.K., there is only one type of lawyer and a lawyer is the same as an attorney or as an attorney-at-law in the U.S.A. 

For some US law matters, it is sufficient to be qualified in any one or more of the US states to be able to advise clients on their legal matters. However, for most areas of US law, only a lawyer qualified to act in a particular jurisdiction (i.e. State) may represent clients in the courts of that jurisdiction. Most commonly, we are instructed on matters involving New York and Delaware state laws.

You will therefore need to consider initially whether your matter involves the laws of a particular state.

What We Offer – U.S. Legal Advice in London and Liverpool

At Gregory Abrams Davidson, our dual qualification of US and UK law offers clients representation in both jurisdictions and we have been advising U.S. clients since 2005 on Commercial and Corporate legal matters including Mergers and Acquisitions, Private Equity and Venture Capital transactions, U.S. Securities laws, Dispute Resolution, Real Estate, Intellectual Property and Information Technology.

Jonathan Abrams, a qualified Attorney-At-Law in the State of New York, runs the U.S. practice advising U.K. international individuals and companies on their U.S. activities.

Gregory Abrams Davidson’s U.S. legal practice is open for business and ready to assist U.K. or International clients on US matters. With offices conveniently located in the heart of London, near Chancery Lane and in Liverpool, North West England.

The US Law team is headed by Jonathan Abrams, Partner. Jonathan qualified as a New York Attorney-At-Law in the U.S. in 2005 and has since practiced U.S. Commercial, Corporate and I.P. law, advising clients on cross-sector matters, ranging from start-ups to multi-billion international conglomerates.

Gregory Abrams Davidson’s U.S. legal services offering is built on Jonathan’s passion and expertise in providing UK and international clients primarily based in the EU and Middle East with a professional, full legal service commercial package, ensuring high standards of professionalism and trust at all times.

Our U.S. practice offers clients a qualified U.S. legal service in the following areas of expertise:

  • U.S. Corporate Law (Focusing on New York and Delaware States) including Mergers, Acquisitions, Sales and Investments, Venture Capital, Private Equity
  • Capital Raises including Equity and Debt Finance
  • Commercial Contracts and Licensing
  • Intellectual Property
  • Dispute Resolution (under New York Law) and Debt Recovery
  • Information Technology
  • Real Estate (New York)
  • Document review
  • U.S. Company Formation for LLCs, Corporations (Inc.), including preparation of all of the relevant formation and incorporation documentation required under state law
  • Paralegal and Legal Assistant support

Being a small but growing firm, we have reasonable fee structures and are committed to our clients.  Our international outlook means that we work with clients in the U.K., the EU, U.S. Middle East and beyond, providing personal attention to our individual and corporate clients in both domestic and cross-border matters between the US and the UK. These matters include both “inbound” British law matters and “outbound” US matters. 

A typical client matter would be assisting UK or European businesses who wish to set up in the US, or who are looking to conduct a corporate sale or acquisition in the US.

We also have experience in the New York Real Estate market, assisting non-US individuals and businesses in purchasing or leasing property in New York. 

We are often the first port of call for transactions involving US and UK entities.

Questions for You

  • Are you considering a USA corporate transaction?
  • Are you looking to set up a business or company in the USA?
  • Are you looking to bring a claim against a party based in New York?
  • Are you trying to recover an outstanding debt from a US individual or business?
  • Are you trying to resolve a dispute with a U.S. individual or entity?
  • Are you looking for US legal assistance in buying, selling or renting a property in New York?
  • Are you looking to find out information on a U.S. individual or company?
  • Are you considering raising capital in the U.S.?
  • Are you looking to merge with, sell to or a quire a U.S. business?

If the answer to any of the above is YES, we would be happy to hear from you.

Before Doing Business in the USA…

We recommend careful due diligence and to consider the following:

  • Who and where are your potential customers and how do they currently purchase similar products to yours?
  • Who and where are your major competitors and how do they market their products?
  • Have you designed the products so that they will be accepted in the US market?
  • Are you aware of your branding and marketing position in the USA? Does anyone else hold the rights to the name you are seeking to use or your product?
  • Will your US customers require you to have a US presence before taking your products seriously?
  • Can the US market for your products be managed from overseas either with or without the assistance of US sales agents or distributors?
  • If you need to engage with U.S.-based employees or workers, can you effectively manage employees or subcontractors in the United States?
  • Do you have or can you afford to acquire internal and external professional expertise to manage a US business?
  • Are you aware of the position with regard to U.S. tax?
  • How will you offer effective customer service for your products in the United States?
  • Have you established a home market strong enough to absorb the costs of expanding sales into the United States?
  • Is your home market strong enough to support the cost of establishing a new company or business in the United States?
  • Have you researched or sought professional advice on all of the legal and regulatory requirements for your products to be introduced into the US market?

If you are still sure that the U.S. is the right market for you then you should take professional advice from a suitably qualified U.S. lawyer. We would be happy to hear from you.

In the meantime, good luck with your U.S. business endeavours!

Key Contact Information:

Gregory Abrams Davidson – US Legal Practice

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