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Legal Issues in Starting a
Business in the
United States
Jaipat S. Jain
Partner
Lazare Potter & Giacovas LLP
(212) 784-2418
[email protected]
December 7, 2011
TiE Singapore and IIFT Alumni
Association
About TiE, IIFTAAS,
Jaipat S. Jain &
Lazare Potter & Giacovas LLP
Mentoring
Sharing
Business and Law experience
Big Firm quality and small firm rates
Contents
The Business of America is Business
The American Legal Framework
The Regulation of Business
Starting a Business in America
The Business of America is Business
“Life, liberty and the pursuit of happiness…”
is the enduring American ideal
A Nation of Enterprise
The American Legal Framework
Federal Structure and Enumerated Powers
Federal, State and Local Court System
Federal, State and Local Taxation
The Welfare State?
Employment at Will
Freedom to Contract
The Regulation of Business
The Litigious Society?
The McDonald Coffee Case
Limited Government and Self-Regulation
Licensing and permits
Managing Risks – product liability,
insurance and cost of doing business
Starting a Business in America
Choice of Jurisdictions
Choice of Entities
Foreign shareholder, director or
secretary?
One member enough?
Bank accounts; employment taxes
Time-frame to form and dissolve
Bankruptcy & starting afresh
Questions and Comments