The Law Offices of Vijit S. Chahar

New York | New Delhi

Doing Business in the United States

The United States of America is the world's largest market and presents an incredible opportunity for Indian companies looking to expand. With a sophisticated legal system, stable economy and deep capital markets, it is a natural step for companies seeking to find customers and funding outside their national boundaries.

Leveraging these opportunities, however, requires a proper understanding of the peculiarities of the US system. With a high degree of autonomy at the state and municipal levels, foreign businesses need to recognize that they need advice on federal law, state law as well as local laws for setting up almost any kind of presence in the country. Furthermore, the legal profession in the US is highly specialized. Most companies seeking to do business in the US will require the advice of not one but several different lawyers. Since the advice that corporate, tax, immigration, international trade and employment attorneys give will often conflict, it is prudent to engage a trusted attorney to act as an outside General Counsel to coordinate the legal work and provide actionable guidance and advice.

Another issue to keep in mind is that US laws provide for very serious penalties for a range of infractions. Its law enforcement agencies have a unique ability to pursue foreign businesses outside the US and its businesses and residents are uncommonly litigious. Since the odds of getting involved with the US legal system are high and the consequences of mistakes are serious, competent legal representation is crucial for success.

We understand how business in done in India and how it is different from the norms and processes followed here. This allows us to foresee where things are likely to go wrong. To help your business succeed in the US, we provide the following services:

    • Incorporating and maintaining a US corporate entity (typically an LLC or a C Corp. registered in New York or Delaware)

    • Negotiating, vetting and drafting contracts with US entities.

    • Guidance on relevant US, New York State and New York City laws and regulations.

    • Guidance on dispute resolution, mediation and coordinating with local counsel for litigation.

    • Acting as outside General Counsel to coordinate tax, employment and immigration matters as well as issues arising in other states.