Report: Legal Issues and Doing Business in the U.S.

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.