Everybody is an Employee…Maybe…Possibly

August 6, 2015June 3, 2016 Mike Burke Employment, Jurisdiction Choice of Jurisdiction, Consultants, contractors, distribution agreements, doing business in the united states, employment, Forming an Affiliate, 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 us affiliate, risk mitigation, sales agents, US affiliate

Businesses operating in or expanding to the US, including those from Ireland and Northern Ireland, use independent contractors to avoid some of the baggage associated with the employer/employee relationship under US law. The use of independent contractors recently has gotten more complicated due to the US Department of Labor’s publication of Administrator’s Interpretation 2015-1. The Interpretation is part of the Department’s closer monitoring of the ‘independent contractor’ designation. Businesses from Ireland or Northern Ireland operating in or expanding to the US, and using the services of an independent contractor (such as a sales agent) should take another look at how they designate a person as an ‘independent contractor,’ as soon as possible. Continue reading →

Making US Arbitration Work for Irish and NI Companies (Really!)

June 16, 2015June 3, 2016 Mike Burke Litigation, Smart Exporting Delaware, delaware rapid arbitration act, doing business in the united states, 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 , draa, 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, risk mitigation

Foreign investors increasingly complain that US arbitration is morphing in to a process closer to full-blown litigation. I’ve always found it interesting that ‘full-blown’ is used to describe ‘all-in’ litigation and ‘all-in’ infectious disease. But I digress. The fact remains that many of the advantages of arbitration—speedier resolutions at a lower cost—are being lost to a variety of interim challenges, enforcement questions and other processes that defer prompt resolution of disputes. The good news for Irish and Northern Irish companies is that Delaware offers a way to make arbitration ‘work’ again. Continue reading →

Officer/Director Liability for Violations of the US Federal Food, Drug, and Cosmetic Act

June 3, 2015June 3, 2016 Mike Burke Life Sciences doing business in the united states, 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 , FDA, 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, US affiliate

Officers and directors of Irish and Northern Irish companies whose products would be regulated by the US Food and Drug Administration (life sciences companies, specifically) should be aware of developments on the issue of individual prosecution under the FDCA for company violations of that statute. AGG partner Alan Minsk and associate Alex Foster have written an update that is new to AGG’s Knowledge Center. Continue reading →

Irish Export Insights

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

ireland doing business in the united states

Everybody is an Employee…Maybe…Possibly

Making US Arbitration Work for Irish and NI Companies (Really!)

Officer/Director Liability for Violations of the US Federal Food, Drug, and Cosmetic Act

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