Jan Joosten

This booklet provides an overview of legal issues that a Dutch company is likely to encounter when doing business in the United States. Dutch companies are sometimes apprehensive about entering the U.S. market because of fears associated with U.S. litigation, including pre-trial “discovery” procedures and high damage awards. Some of these fears are well-founded, but others are not.

Indeed, business goes on every day in the United States despite the reality that lawsuits and potentially… Show more

This booklet provides an overview of legal issues that a Dutch company is likely to encounter when doing business in the United States. Dutch companies are sometimes apprehensive about entering the U.S. market because of fears associated with U.S. litigation, including pre-trial “discovery” procedures and high damage awards. Some of these fears are well-founded, but others are not.

Indeed, business goes on every day in the United States despite the reality that lawsuits and potentially large verdicts are a fact of life. Dutch companies should not let the fear of such lawsuits prevent them from taking advantage of the substantial opportunities that the U.S. market offers.

This booklet is designed to help Dutch companies develop a better understanding of U.S. law and to provide some guidance on how to avoid its pitfalls. The booklet does not attempt to address all issues, and necessarily simplifies those issues it does address. It cannot be taken as a statement of law in any particular U.S. jurisdiction, and cannot substitute for legal advice from an attorney. But our hope is that there is enough in the pages that follow to help Dutch businesses get off to a good start by asking the right questions when starting to do business in the United States. Show less

When Dutch business people think of uninviting aspects of the otherwise hospitable U.S. market place, they likely think of America’s incredible penchant for products liability litigation. They think of stories they have heard of a lawsuit resulting in a multi-million dollar award for a spilled cup of hot coffee. They think of massive class actions that can result in companies paying billions of dollars. They think of litigation that goes on for decades. What they are thinking of is an area of… Show more

When Dutch business people think of uninviting aspects of the otherwise hospitable U.S. market place, they likely think of America’s incredible penchant for products liability litigation. They think of stories they have heard of a lawsuit resulting in a multi-million dollar award for a spilled cup of hot coffee. They think of massive class actions that can result in companies paying billions of dollars. They think of litigation that goes on for decades. What they are thinking of is an area of law known as products liability, which is the litigation of potential safety issues from all kinds of products. Products liability is an important part of doing business in the United States. A company must be realistic about the unique risks it can face from product liability lawsuits in the United States and plan accordingly.

On the other hand, business goes on every day in the United States despite the reality that lawsuits and potentially large verdicts are a fact of life. Dutch companies can appreciate the risk without letting the fear of such lawsuits prevent them from taking advantage of the substantial opportunities that the U.S. market offers.

This booklet is designed to help Dutch companies do just that by putting them on the path to a better understanding of products liability law and providing some guidance on how to limit that liability. The booklet does not attempt to address all issues, and necessarily simplifies those issues it does address. It cannot be taken as a statement of the law in any particular U.S. jurisdiction, and cannot substitute for legal advice from an attorney. But our hope is that there is enough in the pages that follow to help Dutch businesses begin to ask the right questions and better evaluate how to start preparing to do business in the United States. Show less

This book serves as a reference for companies and their lawyers on all matters relating to foreign private issuers in the US capital markets. Accessible and full of practical guidance, it addresses topics including amendments to the US Securities and Exchange Commission (SEC) rules automatically exempting foreign private issuers from SEC registration; new SEC rules making it easier for foreign private issuers to de-register their securities from the SEC and terminate their reporting… Show more

This book serves as a reference for companies and their lawyers on all matters relating to foreign private issuers in the US capital markets. Accessible and full of practical guidance, it addresses topics including amendments to the US Securities and Exchange Commission (SEC) rules automatically exempting foreign private issuers from SEC registration; new SEC rules making it easier for foreign private issuers to de-register their securities from the SEC and terminate their reporting obligations; acceptance of private issuers' financial statements prepared in accordance with International Financial Reporting Standards without reconciliation to US generally accepted accounting principles; and the new SEC release on cross-border tender offers.

The book also features a checklist for due diligence in international securities offerings. It also covers private placements of securities, including Rule 144A offerings, which are exempt from registration with the SEC, and a full description of American depositary receipts.

This concise and incisive guidebook will be of interest to all international companies considering accessing the US capital markets; executive officers, boards of directors and corporate counsel at such companies; and investment banks, auditors and other professionals that work with or have an interest in foreign private issuers accessing the US capital markets.
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