1. SUCCESSFUL BUSINESS DEALINGS IN THE UNITED STATES
New Zealand Trade and Enterprise
North American Beachheads
Conference 2009
Chicago Illinois
October 5th and 6th, 2009
LEGAL TIPS
Susie L. Hoeller - NZTE Beachheads Advisor
Hoeller Law Firm
1500 NE Benjamin Greens
Bentonville AR 72712
479-271-6812 (office)
479-271-6823 (fax)
Susie@hoellerlaw.com
www.hoellerlaw.com

2. LEGAL TIPS FOR SUCCESS
Budget for / Identify Competent and Cost Effective US Legal Repre-
sentation in Advance.
Protect your Intellectual Property before you start showing your sam-
ples or selling products with NDAs and US Patent and Trademark Reg-
istrations .
Prepare a Holistic Checklist of US Federal, State and Local Laws and
Regulations that apply to your business and prioritize your compliance
activities and costs.
Written Contracts are Essential .
Hiring, Managing, Compensation, and Termination of Employees
requires employment processes and procedures that are documented in
advance (Employee Handbook).
1

3. LEGAL PITFALLS FOR THE UNWARY
• Selling on Open Account
• Not Protecting Your IP Up Front
• Not Understanding the Basics of US Employment Laws
• Not Using Written Contracts that are Mutually Signed
• Not Filing Proper Advance Forms with US Customs
• Not Understanding what US and State Agencies Regulate Your Business
• Not Having US Warranties and Disclaimers of Damages in Place for
Consumer or Industrial Products
• Not Complying with US FDA or USDA Regulations on Labeling Food
Products
• Not performing sufficient due diligence on US Customers
2

4. CONCLUSION
The US Market offers unlimited business opportunities and
Americans are very entrepreneurial and eager to do business.
However, the US is a litigious society. To avoid defensive litiga-
tion and to protect one’s legal and contractual rights, one has
to be pro-active with legal issue identification and handling on
the front end. Smaller amounts of time and money spent on
the front end to preventively deal with legal issues saves large
amounts on the back end when disputes may arise with cus-
tomers or suppliers and/or government agencies.
Susie L. Hoeller
Hoeller’s Law Firm
1500 NE Benjamin Greens
Bentonville AR 72712
479-271-6812 (office)
479-271-6823 (fax)
Susie@hoellerlaw.com
www.hoellerlaw.com
3