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Legal risks of investment in the United States

2019-03-15 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- Legal risks of investment in the United States,供大家参考学习,这篇论文讨论了美国投资的法律风险。美国的法律体系非常复杂,分为美国联邦法律体系和各个州独立的法律体系。所以不同州之间的法律体系会有很大的差别,甚至是矛盾的。在美国做生意,我们需要了解五十一个不同的法律体系。另外,美国还存在另一个法律风险,那就是美国法律拥有全球管辖权,只要你在美国有公司,无论你与哪个国家做生意,如果出现纠纷,美国法院都有管辖权来处理这个案子。

Legal risk,美国投资法律风险,assignment代写,paper代写,北美作业代写

How to avoid the legal risks of investing in the United States, where companies face some of the highest damages and legal fees in the world, is a question that Chinese companies must be familiar with. The United States is a society accustomed to or keen on solving problems through legal proceedings. To do business in the United States, one must know how to control legal risks and reduce the cost of lawyers in the United States. The legal system of the United States is very complicated and generally divided into two systems. One is the federal legal system of the United States, which is very extensive and detailed. The other is the separate legal systems of the 50 states. Many businesses that do business in the United States find the legal system of one state to be very different from, or even directly contradictory to, that of another state. Of course, U.S. federal law has exclusive jurisdiction in certain areas, such as patent cases. In addition, other cases have jurisdiction in both federal and state courts. So, doing business in the United States, it's possible to understand fifty-one different legal systems.

More importantly, there is another legal risk in doing business in the United States. American law has global jurisdiction. That is to say, as long as you have a company in the United States, no matter which country you do business with, if there is a dispute, American courts have jurisdiction to deal with the case. Of course, the lawyer will apply to the us court to dismiss the lawsuit according to the circumstances, and will explain to the us court: this case has nothing to do with the us, the case did not take place in the us, the witnesses are not in the us, and the evidence is not in the us. Courts in the United States sometimes accept and dismiss lawsuits, but filing for dismissal can cost a lot of legal fees. In some cases, U.S. courts may reject lawyers' applications, forcing companies to Sue or accept lawsuits in the U.S.

In the United States, the compensation is the highest in the world and the legal fees are the highest if a company is sued. Class actions are very popular in the United States, where a lot of plaintiffs come together to Sue a business, and there was a famous class action suit in the United States, which was a product liability case, and there were about 4.7 million plaintiffs coming together to Sue a business, and the business was awarded nearly $1.2 billion in damages and nearly $400 million in legal fees. Legal fees in the United States are very high. For a complicated case, such as a patent case, the average legal fees may exceed 25 million dollars in the evidential discovery process. In a typical case, such as a breach of contract or product liability case, the legal fees could reach $2.5 million, which would be higher for the entire case only if the evidence was disclosed.

The biggest difference between American law and Chinese law lies in the procedure of evidence discovery and evidence disclosure. If a company is sued in the United States, or is sued, the other party will demand a lot of evidence. For example, depending on the circumstances of each case, the other party may ask for all the financial documents from 1990 to the present, the income of all the previous management, all the technical documents, the company's trade secrets, technical information, especially the patent. In addition, the other party will ask for all business plans, plans for the next year or two, or even business plans for the next five to ten years.

The evidentiary discovery procedure of American law is a very terrible thing for Chinese companies. This is not possible because competitors in the business require access to all confidential documents. Once in the United States there was a very famous patent case, is the Coca-Cola company was sued, the other side asked them to provide the Coca-Cola formula, this is the most valuable secret of Coca-Cola company, they certainly do not want to provide. But the court required it, made a protective order of confidentiality, and showed it only to the opposing attorney, who, according to U.S. law, would not tell his client about the recipe. From this case, we can see the legal concept of the United States and the responsibilities of American lawyers.

In this case, if the Chinese enterprises ignore the requirements of the court, the American courts will have many ways to deal with it. The court will impose a large fine on the enterprise and also a fine on the individual. If the case is very serious, the party does not provide the documents at all, as the plaintiff, the court will award a lot of money, as the defendant, the court will judge the defendant lost the lawsuit, the consequences are very serious.

In recent years, American law has become more expansive, requiring evidence not only in writing but also in all electronic documents. Think about how much it costs to provide five years worth of all your emails, all your documents, all your legal fees.

Since American law is so strict, Chinese enterprises should pay attention to two aspects when doing business in America. First, before Chinese enterprises go to the us, they must make a strict investigation, learn about their business partners and their background, and ask for the right of audit when signing a contract. If a company knows its business partners well, it is more likely to identify problems early, correct them early and control legal risks. Second, you must educate your employees to understand American laws. Especially when doing business with other countries, you must avoid legal disputes, because no matter which country in the world you have a legal dispute, American laws may interfere. Most importantly, when doing business in the United States, be sure to keep adequate documentation in advance, as this can save you a lot of legal costs in the extensive discovery process of American law.

In addition, multinational companies must maintain the independence of parent-subsidiary companies. If the Chinese parent company is not independent enough from the American subsidiary company, the parent company may be involved in the lawsuit by the American law, which is a great risk for Chinese companies.

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