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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