Starting a Business in the U.S.: Key Legal Issues to Consider

Emerging Business Partners Kristen Smith and David Johnson spoke with Innovation Norway and their spring cohort of Norwegian startups. Kristen and David discussed key legal issues for these foreign companies to consider when establishing a presence in the United States. This presentation was part of Innovation Norway’s twice yearly Entrepreneurial Marketing program. In Spring 2018, ten (10) Norwegian startup companies are visiting New York City for a two-week intensive series on how to grow their business through successful marketing, branding and sales approaches.

Supporting Innovation

CHALLENGE

As an emerging business, our client, a technology company, needed guidance on its corporate formation and the preparation of the operating agreement. The company also needed transactional support and guidance in determining the best solutions for long-term growth.

SOLUTION

We drafted and reviewed employment, independent contractor, master service, non-disclosure and consulting agreements, and established a profit sharing plan. We continue to assist with contractual matters and day-to-day business issues as they arise. Our corporate attorneys partner with the firm’s supporting services in real estate, tax, immigration and labor and employment, to provide comprehensive solutions.

 

David Johnson to Present U.S. Employment Visa Seminar

David Johnson is presenting “U.S. Employment Seminar: A Guide for Young Professionals” to the Norwegian American Chamber of Commerce.

This seminar will address:

  • U.S. Immigration Basics: The H-1B Visa and Alternatives
  • Policy Changes & Practical Tips: Impact on Workers and Operations

David is a partner in Gibney’s Immigration and Emerging Business Groups.  He assists corporate and individual clients with all types of immigrant, nonimmigrant, and citizenship matters and provides advice on immigration-related onboarding compliance issues.

 

Setting Up Shop

CHALLENGE

As an emerging online retailer, our client needed a firm that could provide guidance on all aspects of its start-up needs from corporate formation and leasing, to immigration and employment. With an online presence, our client had additional legal issues to consider including online contracts, data protection and intellectual property.

SOLUTION

We advised our client on how best to structure their company, facilitated forming a Limited Liability Company and prepared the operating agreement. We negotiated the lease for office space in the U.S. We advised on U.S. employment law best practices and drafted the employment agreement for a key executive.

Implementing a proactive brand protection strategy, we conducted a trademark clearance and prepared the application for federal trademark registration. Using our network of international law firms, we also applied for trademark registrations in Asia and the European Community.

We prepared the terms of use and privacy policy for the main website and provided general commercial advice on data privacy best practices and the USA Patriot Act. We also reviewed and revised website design, call center and payment processing agreements.

Emerging Business

Ahead of the curve in our desire and ability to be strategic and innovative in our design of solutions for clients, GIBNEY IS A HIGH-TOUCH FIRM that takes YOUR INTERESTS, YOUR BUSINESS AND OUR RELATIONSHIPS PERSONALLY. Not only are we lawyers driving solutions, we are consultants creating higher levels of relevance and value in meaningful client relationships.