The Risk of Overwarning By Kenneth Ross Kenneth Ross is of counsel to Bowman and Brooke LLP. He is the editor-in-chief of the third edition of the DRI Product Liability Compendium: Warnings, Instructions and Recalls (2019). He has written extensively…
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Federal Data Protection Legislation Stalled by Litigation Issues: A Uniquely American Conundrum
If you have any online commerce with America at all, then you probably know that the US has until recently had only the thinnest patchwork of state and federal laws governing personal data protection. There are a few federal regulation’s…
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The Most Common Reasons for US Employees to Sue Their Employers
How does one prepare a European SME expanding to America for 3 tiers of employment law … federal, state and local … in such a way as to make the instruction useful and accessible? One place to start is explaining…
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EU PARENT and US SUBSIDIARY: INTERCOMPANY TRANSACTIONS AND THE GDPR
Many of our clients that have expanded operations to the USA operate pursuant to a similar structure: A UK limited company establishes a US subsidiary to more effectively penetrate the US market, limit the UK parent’s liability in the USA…
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US Courts Offer Robust Protection of Trade Secrets, But the Contractual Protection Must be Clear
One of the most important decisions facing a European SME establishing a US subsidiary is who should manage a business at least 5000 kilometres away. Ideally the person would be an owner of both the parent and subsidiary, with obvious…
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Terms of Use on Websites in the US should be “Click-Wrapped”, not “Browse-Wrapped”
Many UK companies first enter the US market by selling online, with a website tailored to US customers. If they’re prudent they also tailor the Terms of Use of their website to US law. Jonathan Strassberg, US Attorney at Law,…
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Protecting Trade Secrets Abroad
When a company decides to expand internationally, not only must it take with it resources such as materials, capital and personnel, but also the trade secrets which it hopes will give it a competitive advantage in its new market. Protecting…
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SelectUSA Can Help UK Businesses Become Established in the USA
Build Your Business in the United States Why Invest in the United States? More and more companies around the world are choosing the United States as the place to build their business. There’s a good reason for that — the United States…
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UK Terms & Conditions Not Fit for US Market
A common but serious mistake of UK companies selling goods in the United States is the assumption that the terms and conditions they use in the UK will be effective under US law. Terms and conditions in both the UK…
Read MoreBeware the Dangers of Lawyers at Christmas
Some clients of mine have been so fond of this Christmas story, told in legalese, that I’ve decided to post it here. While the author is unknown , the meaning couldn’t be more clear; We must keep Christmas free…
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