UKTI Trade Services · Distributors tend to concentrate on products that are the easiest to sell...

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January 2015 Doing Business in the US: Working with In-Market Representatives UKTI Trade Services

Transcript of UKTI Trade Services · Distributors tend to concentrate on products that are the easiest to sell...

Page 1: UKTI Trade Services · Distributors tend to concentrate on products that are the easiest to sell and/or have the highest margins. Distributors’ costs are higher than those of sales

January 2015

Doing Business in the US: Working with In-Market Representatives

UKTI Trade Services

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Introduction The United States is a large market, full of opportunities for UK companies. However, it is also complex and highly competitive. Once a decision to expand overseas has been made and a foreign target market has been selected, the next question is how to establish distribution channels and reach international customers. At this stage, thorough market research is crucial to choose the appropriate trade channel. The US market is characterized by its large size, regional disparities, and market-driven culture. Working with in-market representatives is often a viable avenue for new-to-market UK small and mid-sized companies.

In-market representatives have established customers and reputations, as well as extensive knowledge of their respective industries. By partnering with an in-market representative, a UK exporter gains immediate access to the US market without the higher costs and risks associated with setting up its own operations. In-market representatives sell products and/or services to local wholesalers and/or retailers in exchange for a margin (importer/distributor) or a commission (manufacturers’ representatives, agents, and brokers).

Their role will depend on the agreement you manage to settle on. It is possible to tailor your export strategy by drafting detailed contractual agreements with intermediaries.

Contents Introduction 2 The Different Types of Representatives 4 Identification and Selection Process 7 Drafting and Negotiating Contracts 10 Cultivate Your Sales and Distribution Network 14 Resolving Disputes 15 List of Legal Advisors 16 Next Steps 18

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In-Market Representatives: Pros & Cons

ADVANTAGES Immediate access to the US market saves you market development costs and time They deal directly with clients and help you grow your export sales They may assume the risk of collecting payment from the US purchasers Access to local knowledge and expertise On-going market intelligence about competitors and trends Market observation to identify infringers of your trademarks, patents or other intellectual property Assist with local rules and regulations (e.g. labelling and packaging requirements.) Local customer support after sale and warranty service An established network of clients (retailers and/or wholesalers) and/or good prospects Minimal risk

DISADVANTAGES Less control over: 1) The marketing of your product 2) Pricing 3) After sale service Greater separation from your clients; you may not know them at all if you decide to work with a distributor Risk of losing and/or having to rebuild your customer base if the relationship ends Lower profit margins – you may have to absorb the distributor’s margin, so your pricing to the end user is not too high Reliance on the representative’s or distributor’s performance to sell your products in the market The loyalty of your sales representative or distributor may be divided as they usually represent multiple product lines, some of which may have higher margins or be easier to sell

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The Different Types of Representatives in the US

There are several types of representatives you will encounter in the US market. The most common are manufacturers/sales representatives, distributors, importers, and brokers. We will briefly define each type of representatives below and review their characteristics.

Manufacturers’ Representatives, Brokers, Agents

Manufacturers’ Representatives A manufacturer's representative or sales representative is a person or legal entity that will represent your company in the United States, and help you sell your products and/or services in exchange for a commission on the sale. The sales contract is between the manufacturer and the customer. It is the manufacturer's obligation to define the contract terms and conditions with the customers, ship the goods, and invoice the customer. The manufacturer’s representative typically represents several synergistic but not competitive manufacturers. The commission usually falls in the range of 5-15% of net sales depending on the industry. Sales representatives with showrooms will generally ask for 10-15% commissions on sales, a monthly flat fee for showroom display ($500-1000) and reimbursement of certain expenses (trade shows, travels, etc).

Characteristics

Works on a commission basis

Works under a contractual arrangement within a defined geographic territory

Usually handles many non-conflicting complementary lines

Assumes no risk or responsibility

Does not take ownership of the goods

Operates on an exclusive or non-exclusive basis

May offer showroom displays (e.g. fashion, jewellery and home décor sectors)

May supply other valuable services: information on the financial health of the clients such as credit reports, market

research and market development insight, new product development, sales analysis, customer service,

demonstration, product or sales training, product quoting and current product improvements

Is not involved in the contractual process: the sales contract is between the manufacturer and the customer

Is not involved in the shipping of the goods

Input from Deborah A. Nilson, Attorney at Law: “Please note that in addition to other requirements, New York Labor Law specifically provides that contracts with sales representatives who solicit wholesale orders within the state of New York must (i) be in writing, (ii) set forth the method by which commission will be paid and (iii) be fully executed and a copy provided to each representative.”

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Brokers A broker is an independent contractor or legal entity who acts as an intermediary between a buyer and a seller. Typically, a broker represents several (sometimes competing) companies, products and services. A broker has usually established relationships with a few key retail accounts and therefore is very selective in the lines that he/she represents as he/she wants to ensure the retailer will list the line. He/she will not “pioneer” new lines. The broker’s role is to make the sale, represent the “line” to the retailer and assist on the “pull” of the products at retail. Brokers can be found in the food and beverage industry, financial and insurance services and real estate. Brokers perform similar intermediary functions like sales representatives without, however, being permanently under contract to certain business partners. Food brokers will normally charge a fee or commission of 5-10% of the net invoiced price of all products shipped to the customers that they service.

Sales Agents A sales agent is a person or legal entity, typically representing only one company, who is formally authorized to negotiate and act on behalf of a company he or she represents. Sales agents receive a sales commission, a salary, a retainer, or a combination of all three. NB. You may find the terms “sales representative” and “sales agent” used interchangeably but it is important to note that “agent” usually implies a power of attorney which means that the agent has legal authority to obligate the firm.

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Distributors

Characteristics

Makes profit by marking up supply price to cover additional in-market costs of ownership, distribution, and

invoicing/debt recovery

Buys products for own account, and sells to his/her customers

Accepts credit risk of buyers

Often takes title of merchandise

Responsible for after-sale services, and occasionally warranty/guarantee issues

Controls selling price

May import your products

Maintains inventory

Operates on an exclusive or non-exclusive basis

Responsible for marketing and promotion of products

Frequently handles competing lines

Wholesalers Wholesalers purchase products in bulk at a lower price from manufacturers and sell them to retailers in smaller units that attract relatively higher prices. Their main source of revenue is the discount charged on products. A wholesaler only fulfils orders from retailers and assumes no role other than satisfying retailer demands.

Distributors A distributor (sometimes also called "dealer") usually buys products from a company and sells to their customers, adding a margin or setting their own price. Distributors may import and hold inventory of your products and may also help promote it and provide after- sales and warranty service for customers. Distributors tend to concentrate on products that are the easiest to sell and/or have the highest margins. Distributors’ costs are higher than those of sales representatives because they usually carry inventory, extend credit for customers, and are responsible for marketing. The distributor typically requires a margin of 30%-45% to purchase and stock inventory, sell, deliver and

invoice the products.

Deborah A. Nilson, Esq.: “Distributors prefer long term agreements, often regardless of their performance. To avoid this issue in your written agreement with your Distributor, negotiate either minimum annual sales, a shorter term, non-exclusivity or some combination of these points.”

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Identification, Evaluation and Selection Process

A variety of sources may be used to identify potential distributors and representatives in the US market.

How to find a representative or a distributor? Suppliers, Manufacturers of complementary equipment and Other Exporters

To build trust and a good rapport with your foreign representative, ask for recommendations and referrals from other exporters and/or companies that might have an interest in your success abroad (suppliers/manufacturers).

Customers of Potential US representative(s)

Existing customers are a very valuable source of information as they are well aware of the foreign representative’s strengths and weaknesses.

Trade shows and conferences

You might be directly approached by prospective US partners who think your products and/or services will be successful in the United States. It is important to take full advantage of networking opportunities at relevant events.

Trade directories For manufacturers’ representatives, a good place to search is the Directory of Manufacturers’ Agents National Association (MANA) at www.manaonline.org. The subscription-based service allows you to search its listings by state, territory or sector. The directory lists 7,000 manufacturers’ representatives and 30,000 sales agents. There is no centralized database for US distributors, but you should review online directories that are specific to your industry (e.g. Beverage Trade Network for the beer, wine and spirits industry). Other useful resources:

UK-US membership-based business community in the United States and US business community in the UK (British American Business)

http://www.babinc.org/

International Development Consulting Firms

Subscribe to or advertise in professional or trade periodicals (the following may help you search for appropriate publications: http://www.webwire.com/IndustryList.asp)

Industry and Trade Associations

Directories: http://www.globaltrade.net/United-States/Sales-and-Distribution/expert-service-provider.html http://fita.org/, http://www.usa.gov/topics/consumer/trade-organizations.pdf http://www.directoryofassociations.com/directory/

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How many representatives and/or distributors do you need? There is no standard approach that will suit each and every company. A good market study will determine whether it would be best to have only one exclusive distributor, dealer, sales agent or representative for the U.S. market, or several. Most sales representatives or distributors will want exclusive rights to your products in a particular country or region as they will invest significant effort and financial resources into building brand awareness and consumer education. Since the US is a large market, you would likely need several representatives or a distributor with an extensive internal and external sales force in order to achieve optimal coverage of the territory. In general, it is wise to consider a trial period and reward your partner with exclusivity over a country, a region or a territory once these goals are met.

The Selection Process

Compatibility and Interpersonal Relationship

• In determining which representative to appoint, the most important factors to consider should be trust,compatibility and personal rapport.

• Both you and your prospective partner should be confident in your products, services and your success.

Due Diligence of the Prospective Representatives

• No matter how you find your representatives, it is essential that you examine their credentials and conductthorough “due diligence” before engaging them to ensure that they are financially sound, and have goodreferences and market knowledge.

• While the checklist could vary considerably depending on your products and industry, below are someimportant factors you need to consider to ensure the representatives you choose are a good fit with yourcompany’s products and services. You can obtain information regarding several aspects of their business bydirectly sending a questionnaire to your prospective partner; well-qualified representatives will gladly answerquestions that help distinguish them from less-qualified competitors. Alternatively, other sources of informationinclude potential and existing customers, business associates who currently work with representatives, banks,private-sector sources for credit checks (e.g. Dun and Bradstreet).

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Due-Diligence Checklist

Knowledge of the market

Expertise with similar goods

Networks and contacts

Understanding of competitive products and prices,

assistance in product adaptation, advertising

requirements or changes

Customer base

What kinds of current customers?

Are its interests compatible with your product line?

Who are the key accounts?

What percentage of the total gross receipts do

these key accounts represent?

Sales Force and marketing policies

Current size of internal and external sales force

Potential future expansion plans

Willingness to increase sales force to

accommodate your account and growth if needed

Compensation, incentives & motivation programs,

training programmes, sales performance

monitoring

Sales Record:

History of sales volume over the company’s

lifespan

Explanations of inconsistencies

Sales objectives for the upcoming year

How sales objectives were determined and how

they will be reached

Territorial Analysis

Geographical coverage, potential future

expansion plans

Location of branch offices in covered territory

Product Mix

How many product lines does it represent?

Are these product lines compatible with yours?

Does it represent any other British, European

firms?

What percentage of the total business would you

represent?

Willingness to alter its product mix if needed

Minimum sales volume needed to justify its

handling your lines?

From what you know of the territory and the

prospective representative or distributor, are the

projections realistic?

Facilities and Equipment

Warehouse facilities, size

Method of inventory control

If your product requires servicing, is it equipped

and qualified to do so?

Willingness to carry inventory repair parts and

replacement items

Promotion and Advertising

In-house market research information

Media used to promote sales

Budget allocated to advertising? How is it

distributed among various suppliers?

Your contribution for promotional purposes

Active and Past Litigation (if any)

Verify whether your distributor has any ongoing

legal issues

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Drafting and Negotiating Contracts To reduce the risk of costly lawsuits, and due to the continuous influx of these claims in the US, it is important you seek US counsel’s assistance from the very beginning to ensure you have a well-drafted American-style contract that will protect your interests. Your lawyer should be involved in the planning, negotiating and drafting processes before any issue arises. Before you start working on a written contract, you need to first discuss and come to a mutual agreement regarding the following core elements:

Products or services involved Timeframe of the agreement Exclusivity or non-exclusivity What you will provide: product literature, printed brochures, price list, new product briefings, product training Samples: at what price, who pays for their cost and freight, the length of time samples will be available, and the

process and payment for their return The territory covered: the geographical area and market segment How the goods will be supplied Reporting: monthly or quarterly, and the content of the reports Performance targets: amount of sales, number of customers, number of advertising campaigns etc. Communications: how the timeliness of communications on major issues will be dealt with (delivery delays or

major customer issues) Channels of sale How online sales in the territory will be managed For sales representatives and agents: commission (amount and conditions) For distributors: exporter’s initial pricing and price increases, payment terms, customer service and warranty,

brand management, ownership of trademarks and intellectual property, freedom of Distributor to set prices Termination clauses – it is important to discuss this issue at the beginning of the relationship when you and

your representative are on good terms Dispute resolution

While you are advised to use your own contract, it may be useful to get a copy of your future partner’s standard contract as a starting point for your deal and so you can assess his/her negotiating position. It is important you retain the drafting initiative.

Once you have chosen the right representative, before you enter into a contractual agreement, it

is common practice to draft non-binding summaries of key

terms also called NB-SOT, Term Sheet, or Memorandum of

Understanding, with the aid of competent counsel. This

document should outline the key issues to be covered in the long-term binding agreement. These agreements can contain

binding provisions, such as confidentiality clauses.

UK Companies

US In-Market

Non-binding Agreements

US In-Market

Representative

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Key Legal Aspects: Distributorship or Dealership Agreement

Right to appoint sub distributors and sales agents

Sales outside of the territory

Does the contract allow or prohibit sales outside of permitted scope?

Sales Territory, exclusive or non-exclusive rights

You could reserve certain customers in the agreed territory for direct sales by you; you could grant exclusivityfor part of the territory and non-exclusive rights for other parts of the territory and/or exclusivity for only certainproducts.

Contract Products

Clearly define which products will fall under the contract. If you develop new products within the duration of theagreement, you should mention if they will automatically fall under the contract.

Delivery terms/IncotermsYou could reserve certain customers in the agreed territory for direct sales by you; you could grant exclusivity for part of the territory and non-exclusive rights for other parts of the territory. The most frequently used incoterm is the U.S. incoterm "FOB" (as defined by the Uniform Commercial Code) which can differ from the international “FOB”. British exporters must therefore be careful and be sure if they are using the international "FOB" or the US “FOB”. When the U.S. incoterm "FOB" is followed by the name of the exporting country, ownership is transferred when the seller delivers the goods to the carrier. In contrast, when it is followed by the destination, ownership is transferred when the carrier delivers the goods to the buyer.

Timeframe

Length of Term, option to renew…

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Product Liability and Late Delivery Risks

It is possible to pass part of your product liability risk to your US distributor.

Trademark, brands

Set forth parties' rights, granted and reserved via the Distributor Agreement.

Scope of Advertising, Marketing and Sales Efforts

Which portion of the promotion budget will you be contributing to?

Tribunal and applicable law

Most U.S. buyers will not agree to arbitrate disputes in foreign countries, or to the jurisdiction of a non-U.S. court. The law of a particular U.S. state should apply to sales contracts.

Adequate Stock

What level of stock should the distributor maintain if required to do so?

Termination provisions

Notification, termination causes, repurchase of inventory (in some states for some products), return of

property.

Tax Aspects; Permanent Establishment As long as you do not have a permanent establishment (place of management, branch or office,

factory, workshop, a place where natural resources are extracted) in the US, you do not have to pay

US taxes. However, a Permanent Establishment may be created in the US if your company operates

through a dependent agent whose activities are devoted wholly or almost wholly on behalf of your

company. Refer to IRS website: http://www.irs.gov/Businesses/International-Businesses

Deborah A. Nilson, Esq.: “When a distribution agreement expires in the U.S., no compensation is normally due to the distributor.”

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Sa

les A

ge

ncy &

Sa

les

Re

pre

se

nta

tive

s C

on

tra

cts

•Products covered by the contract

•Sales territory, exclusive or non-exclusive rights; sales to a particular type of customer

•Possible right to appoint other sales representatives and sales agents

•Timeframe of the agreement

•Commitment to non-competition: you should include a provision stating that therepresentative does not currently represent or promote any lines or products thatcompete with your products and that he/she should not do so during the course of youragreement

•Commission, rate and basis

•Time of payment

•Agent or rep accepting orders: you should be the only one accepting orders as the contrary might result in tax and legal issues

• Include that the representative is an independent contractor, not your employee

Deborah A. Nilson, Esq.: “Sales representative agreements are normally terminable by either party on thirty days’ written notice for any reason.”

Key Legal Aspects: Sales Agency and Sales Representatives Contracts

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Strategies to Cultivate a Sales and Distribution Network

Performance monitoring and review

Encourage open, two-way communication. The idea is to build a high level of trust so that any future problems will be highlighted and dealt with constructively. Give prompt attention to the representative’s questions and requests.

Incentives

You can set up incentives such as discounts or rebates off the purchase price to encourage distributors and resellers to increase the volume of sales or link incentives to performance.

Training

Schedule regular training for your range of products (sales staff and after-sales staff). Regular reporting

Sales figures will of course be a good indicator of your product’s and partner’s performance in the targeted market. On top of that, it is advisable to request regular reporting on a monthly, quarterly and annual basis to quickly pinpoint areas for attention (sales, inventory, after-sales service, distribution and warehousing, freight, competitor benchmark, new products, consumer trends).

Regular visits

Regular visits to the market are necessary whether the purpose is to attend a trade show with your in-market representatives (sales support trip), visit existing and prospective customers, suppliers or routine visits to the representative(s) headquarters, warehouses, regional offices. Always ask your customers how they think your representative is performing.

During your business trips, spend some time doing some field research to evaluate the accuracy of your

representative’s reporting on market trends and his/her reactivity to changes.

You could also invite your representative(s) to visit your premises in the UK. .

Incentives TrainingRegular

ReportingRegular Visits

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Resolving Commercial Disputes: Negotiation, Mediation, Arbitration, Litigation In US business culture, foreign companies often recognize a distinct attribute of many US businesses: they have the tendency to start lawsuits in order to obtain some sort of financial settlement. Commercial disputes generally deal with one of the following issues:

1) Dispute with an in-market representative 2) Late payment 3) Breach of contract 4) Intellectual property issues Most of the time, commercial disputes are settled between the two parties, without the intervention of a judge or an arbitrator. First and foremost, negotiation should be vigorously pursued before using other dispute settlement mechanisms. If an agreement cannot be reached between the two parties, and provided the parties have included the appropriate clause in their written agreement, you can use alternative dispute resolution methods such as mediation and arbitration. They imply the involvement of a neutral expert called a mediator or arbitrator. The American Arbitration Association is the most well-known arbitral institution, headquartered in New York City. It offers mediation and arbitration services: www.adr.org. The National Arbitration Forum, headquartered in Minneapolis is another option. Both parties can agree on one or a panel of arbitrators. Commercial lawsuits in the U.S. courts are typically very expensive and time consuming. In most cases, it is not a timely or efficient method for resolving disputes. As defined by the American Arbitration Association, mediation is “a voluntary dispute resolution process; all parties must consent to participate in good faith and work toward a mutually agreeable resolution. Mediating parties are not bound to resolve their dispute (although mediated

settlements, once reached, can be made binding if the parties decide to draft a contract called a settlement agreement). Mediations are not "decided" in favour of one party or another; rather, the mediator simply facilitates the negotiation process. In evaluative mediation, the mediator will counsel parties on the strengths and weaknesses of their case and gauge each party's likelihood of success if the dispute proceeds to arbitration or litigation.” On the other hand, arbitration is “a dispute resolution process in which a neutral party (the arbitrator) hears a dispute between one or more parties and, after considering all relevant information, renders a final decision in favour of one of the parties. Arbitration decisions may be either binding or non-binding, depending on the terms of the arbitration agreement. Binding arbitration decisions may be confirmed by a court and carry the same significance as a court judgment.” When it is time to contract with a US party, it is often best to stay out of US courts, and opt for arbitration of all the claims and disputes in the contracts and general terms of sale. However, there are some situations in which a particular US court should have jurisdiction for disputes and claims, and it could prove to be more effective. It is often the case when the UK party has authorized the US party to use its trade secrets (i.e. process, method, formula, device, manufacturing procedure, method of construction, or a customer list), or has shared confidential information through license or Joint Venture agreements. It is usually possible to state in the contracts that claims and disputes resolution will be resolved by arbitration, but that one or both parties reserves the right to seek “interlocutory relief” from a court. Another case in favour of using the court might be when the foreign entity has significantly greater financial resources, making it difficult for the US party to sustain a prolonged and costly litigation.

It is best to make this decision with your US attorney.

Mediation

Litigation

Arbitration

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Name Company Address Tel Email Website Comments

Allan J.P. Rooney

Rooney PC

800 Third Avenue New York, NY 10022

(212) 545 8022 Mobile: (646)

334 6401

[email protected]

www.rooneypc.com

Corporate formation, contractual negotiation, governance, mergers and acquisitions, taxation, intellectual property, real estate, commercial disputes, employment and intellectual property matters

Deborah Nilson

Deborah A. Nilson &

Associates, PLLC

10 E. 40th Street, Suite 3310 New York, New York 10016

(212) 687 1155 dnilson@nilsonl

aw.com http://www.nilsonlaw.com

Mergers and acquisitions, and corporate, contract, employment and intellectual property law for small and medium sized foreign-owned companies

Daniel C. Glazer

Fried, Frank,

Harris, Shriver & Jacobson LLP

One New York Plaza New York, NY 10004 99 City Road London, UK

(212) 859 8674 daniel.glazer@fr

iedfrank.com www.friedfran

k.com

Cross-border intellectual property and information technology transactions. Licensing, outsourcing, consulting, development, sponsorship, marketing and distribution arrangements, and the IP/IT aspects of mergers and acquisitions, joint ventures and other complex corporate transactions

Ted Rosen Fox Rothschild

LLP

100 Park Avenue, Suite 1500 New York, NY 10017

(212) 878 7931 trosen@foxroth

schild.com www.foxroths

child.com

Provides support in establishing a business presence in NY - immigration, company formation, tax structure etc.

Bill Sellay

Robinson & Cole

666 Third Avenue, 20th Floor New York, NY 10022

(212) 451 2900 Mobile: (860)

275 8292 [email protected] www.rc.com

Corporate, mergers and acquisitions, tax and tax-exempt, finance, insurance and business litigation, land use, environmental and real estate, health law, labour, employment and benefits, and intellectual property and technology

Walter H. White

Jr.

McGuire Woods

London LLP

11 Pilgrim Street London UK

44 (0)20 7632 1630

[email protected]

www.mcguirewoods.com

Corporate, commercial, finance, litigations and a range of industries.19 offices in the US and Europe

Legal Advisors

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William B.

Bierce

Bierce & Kenerson, P.C.

420 Lexington Avenue, #2920 New York, New York 10170

(212) 840 0080 [email protected]

http://www.biercekenerson.c

om

Cross-border transactions, employment and incentive compensation, exit and succession planning, governance, mergers & acquisitions, new ventures, private equity, real estate, restructuring/corporate divorce, strategic alliances, joint ventures

Andrew R. Lerner

Wormser, Kiely, Galef & Jacobs

LLP

825 Third Avenue, 26th Floor New York, NY 10022

(212) 687 4900 Direct: (212)

573 0652

[email protected]

[email protected]

Banking, civil litigation, construction law, commercial and contract law, corporate law, immigration and nationality law, international law, municipal and environmental law, real estate, taxation, and trusts and estates

Michael Jay Plata

Plata, Ferrer & Gutierrez LLC

670 Bergen Blvd, 2nd floor Ridgefield, NJ 07657

(201) 875 1001 Mobile: (201)

293 7050

[email protected]

www.plataferrer.com

Business & commercial litigation, corporate, intellectual property, employment counselling & litigation, general counsel services

Joel Z.

Robinson

Joel Z Robinson & Co.

50 Broadway, Suite 800 New York, NY 10004

(212) 791 7360 jzr@joelzrobins

on.com www.joelzrobi

nson.com

Practices New York State, U. S. Federal and English law. Commercial, corporate, litigation, securities, banking, immigration, estate, tax

Legal Advisors

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Next Steps

https://attendee.gotowebinar.com/recording/4037758903827225346

UKTI offers a range of services to UK companies to assist with market entry, including OMIS (Overseas Market Introduction Service). This fully customizable service can be tailored to a company‘s needs and can include market information, contacts, visit programmes, product launches and more. Timing is a key consideration: if you have a specific deadline, make contact with UKTI well in advance to start the discussion. A variety of factors affect the OMIS process – time of year, industry events, team capacity, etc. - and we want to ensure the best possible outcome for our clients. To start the discussion, or for specific information on timeframes and pricing, please contact [email protected],

the central coordination team for the US network, as a first step. Looking for more information? Please visit the USA country page on www.gov.uk/ukti to access our range of publications on doing business in the United States.

UK Trade & Investment (UKTI) is the Government department that helps UK-based companies succeed in the global economy. We also help overseas companies bring their high-quality investment to the UK's economy – acknowledged as Europe's best place from which to succeed in global business. UKTI offers expertise and contacts through its extensive network of specialists in the UK, and in British embassies and other diplomatic offices around the world. We provide companies with the tools they require to be competitive on the world stage. Whereas every effort has been made to ensure that the information given in this document is accurate, neither UKTI, nor its parent departments, (the department for Business Innovation & Skills and the Foreign and Commonwealth Office) accept liability for any errors, omissions or misleading statements, and no warranty is given or responsibility accepted as to the standing of any individual, firm, company or other organisation mentioned.

View webinar, Doing Business in the US: Working with In-Market Representatives