When Irish and Northern Irish companies ask if there is *one* thing they can or should do to minimize the risk of operating in the US, I channel my inner Mr. McGuire (from the movie The Graduate) and say ‘process.’ It’s not quite as pithy as ‘plastics,’ but it works. What I mean by that remark is this: adopting and consistently using a process for developing and executing US contracts will go a long way in terms of risk mitigation. Comprehensive, American-style contracts, and the process by which they are built, are the most powerful defenses in an Irish or Northern Irish company’s risk-avoidance arsenal. Continue reading
Late last year, we held a series of webinars directed to Irish and Northern Irish companies looking to do (or doing) business in the US. The webinars were well-attended, and, in part, led to the creation of this blog. We want to share those webinars, and their content, with you.
The first webinar introduced the concept of ‘smart exporting’ and provided a high-level view of some key legal issues relevant to Irish and Northern Irish companies in the US market. The presentation for this ‘smart exporting’ webinar can be found here; the recording of the webinar (requires registration) can be found here.
If your company is thinking about expanding into the US market, chances are that you’ve considered a distribution arrangement (or something similar) with a US person or entity. You may even have been inundated with offers from ‘eager’ third parties to be your distributor, agent, etc. One frequent question is how can an Irish/NI company gather and analyze enough information about a third party to make a good decision about whether to engage with that person/company. Continue reading