January 2006
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Introduction
Thelen LLP is pleased to provide this manual, Doing Business in the United States of America, as an introductory guide for business persons from other countries who may be interested in establishing or acquiring operations in the United States of America.
Although the details of U.S. Government policy on international commerce constantly undergo reassessment, it is important to keep in mind that the United States still remains relatively open to foreign investment. Indeed, foreign direct investment in the U.S. in recent years has reached as much as $300 billion, in one year alone.
The long-standing position of the U.S. government is to encourage and maintain open capital markets for the free flow of foreign investment. The U.S. believes that investment from other countries, like all investment, makes its optimum contribution when it responds to market forces. In addition, the prevailing view in the United States is that foreign investment provides substantial benefits through increased employment, introduction of new technologies, lower costs of capital for U.S. firms and strengthening of capital markets.
The legal structure of the United States is marked by a high degree of decentralization. Decisions in many policy areas frequently require the cooperation, and sometimes the consent, of a number of independent governmental bodies-federal, state and local. As a result, the role of lawyers in the United States differs greatly from their role in most other legal systems. Rather than merely assisting with a specific legal matter, the lawyer often provides active guidance on the best method of approaching each governmental unit, the proper order of contact and the steps required for each phase of the project. Moreover, U.S. lawyers must not only analyze the applicable laws and the regulations of the pertinent administrative agencies, they must also be familiar with the interpretation of these rules by the courts.
The information in this manual is not exhaustive and should not be relied upon for legal advise. Readers are advised to consult with their legal counsel and other professionals before taking action on any specific matters. Thelen, with more than 82 years of experience in international business transactions, would be pleased to assist you in making your business ventures in the U.S. a success.
Chapter 1: Selecting the Form of Business Enterprise in the United States
Chapter 2: U.S. Immigration Law: How to Obtain Nonimmigrant Visas and Comply with Immigration Laws
Chapter 3: International Trade Law in the United States
Chapter 4: U.S. Regulation of Foreign Investment
Chapter 5: Financing in the United States
Chapter 6: Intellectual Property: Patents, Trademarks, Copyrights, Trade Secrets
Chapter 7: Environmental Protection
Chapter 9: Antitrust and Unfair Competition
Chapter 10: Consumer Protection Law
Chapter 12: Tax Consequences of Doing Business in the United States: Part 1 | Part 2
Chapter 13: Real Estate in the United States
Chapter 14: U.S. Bankruptcy and Chapter 11 Reorganization Law
Chapter 15: Franchising and Other Forms of Distribution in the United States
Chapter 16: U.S. Construction, Architecture and Engineering Industry: An Overview for International Investors: Part 1 | Part 2
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