It’s About the Process…

May 25, 2016June 3, 2016 Mike Burke Distribution Agreements, Jurisdiction, Litigation, Terms and Conditions American style contracts, doing business in the united states, ireland doing business in the united states, ireland export, ireland exporter, ireland us affiliate, irish export, irish exporter, northern ireland doing business in the united states, northern ireland export, northern ireland exporter, northern ireland us affiliate, risk mitigation, standard terms and conditions, US affiliate

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 →

Of War Stories and Security Interests

March 12, 2015June 3, 2016 Mike Burke Terms and Conditions distribution agreements, doing business in the united states, ireland doing business in the united states, ireland export, ireland exporter, ireland us affiliate, northern ireland doing business in the united states, northern ireland export, northern ireland exporter, northern ireland us affiliate, permanent establishment in us, risk mitigation, US affiliate

This is a good ‘war story’ about getting paid. The client was (and is) based in the European Union, and they sold product to the US market. Their products were (and are) high-value, about $100,000+ per item. Not stuff I’d be able to buy, but I digress. The company insisted–strongly–on using their ‘home country’ terms and conditions of sale in the US, without thoroughly reviewing whether there was anything in the home country law that could adversely affect them in the US. We were not involved at that point. Continue reading →

Learning, Knowing, and Living Incoterms (Or, How Fast Times at Ridgemont High Can Help Your Export Strategy)

February 10, 2015May 25, 2016 Mike Burke Terms and Conditions, Terms of Trade doing business in the united states, Incoterms, ireland doing business in the united states, ireland export, ireland exporter, ireland us affiliate, northern ireland doing business in the united states, northern ireland export, northern ireland exporter, northern ireland us affiliate, permanent establishment in us, Smart Exporting, Terms of Trade, US affiliate

In a prior post, I revealed that I am a child of the 1980s. This post will start with a quote from the movie Fast Times at Ridgemont High: “Learn it. Know it. Live it.”

While the context of that quote was the Brad Hamilton character (Judge Reinhold) trying to get the Jeff Spicoli character (Sean Penn) to wear a shirt and shoes in a fast-food establishment, this post will focus on the terms of trade and that Irish/Northern Irish companies need to learn, know, and live: Incoterms. This is probably the first time, anywhere, that Incoterms and Fast Times at Ridgemont High have been linked, but I digress.

Continue reading →

Irish Export Insights

Practical Guidance for Irish and Northern Irish Companies on Doing Business in the U.S.

Terms and Conditions

It’s About the Process…

Of War Stories and Security Interests

Learning, Knowing, and Living Incoterms (Or, How Fast Times at Ridgemont High Can Help Your Export Strategy)

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