Non-Compete Agreements with Employees

Non-Compete Agreements with Employees

Winter 2016 Article

Non-compete agreements have the purpose of delaying the employment of an employee in a competing business. Situations in which a business may wish to use non-compete agreements with its employees are various: The immediate aim is that of preventing competitors to have access at low cost to human resources which have been developed at considerable cost. A secondary aim is that of avoiding the disclosure of trade secrets to competitors, where a simple confidentiality agreement may be less effective. A non-compete agreement could also reduce the turnover, limiting employees’ ability to find employment with businesses with which it could leverage its expertise.

Green Card for Foreign Investors

Green Card for Foreign Investors

Summer 2016 Article

Becoming a permanent resident allows foreign nationals to live and work in the United States of America indefinitely, and it is the first step to US citizenship. One of the paths to permanent residence is the immigrant investor visa, which was established in 1990 with the purpose of creating jobs and bringing foreign capital into the United States for large investment projects. This visa is also referred to as EB-5 because it is the fifth employment preference immigrant visa category[1]. The EB-5 visa classification for foreign investors is allotted 10,000 visas per year, and it is based on the following requirements:

Arbitration: an Alternative to Litigation

Arbitration: an Alternative to Litigation

Spring 2016 Article

When a party is entering into a contract with a customer, partner or employee, it should give consideration to what will happen if a dispute occurs between the parties.  Given the potentially high cost of litigation, parties may want to consider deciding in advance to commit themselves to resolve any dispute through means other than litigation.  One option that should be considered when drafting any contract is whether to include an agreement between the parties to submit any dispute to arbitration.

Limited Liability Companies (LLCs): Risks and Advantages

Limited Liability Companies (LLCs): Risks and Advantages

Winter 2015 Article

When confronted with the choice between a corporation and a limited liability company, clients are sometimes inclined to choose a limited liability company (or LLC).  Limited liability companies are perceived as an appropriate business vehicle for smaller ventures and to manage real estate investments in a very informal and flexible manner.  Limited liability companies are often compared with S.r.l.’s in Italy or GmbH’s in Germany, which require a smaller capitalization and are thus perceived as less costly.  The comparison, however, is not always appropriate, especially because LLC laws in the United States are largely based on the law of partnerships.  A limited liability company is first of all a contract among members, rather than a rigid statutory creation with specific structures and provisions created by law. If this allows more flexibility, it also leaves the door open to uncertainties and ambiguities.

Employment Authorization for Spouses of Certain Non-Immigrant Visa Holders

Employment Authorization for Spouses of Certain Non-Immigrant Visa Holders

Summer 2015 Article

It is common knowledge that in order to work lawfully in the United States, a foreign national is first required to obtain a valid work visa. However, not many people know that accompanying foreign spouses holding a derivative visa need to take an additional step before they may seek employment in the United States, even when their visa status allows in principle to work.

Preparing for Litigation While Things are Good: Choice of Forum Clauses

Preparing for Litigation While Things are Good: Choice of Forum Clauses

Spring 2014 Article

No one enters into an agreement with the expectation of a lawsuit, but inevitably some agreements will result in lawsuits. Therefore, even if it never becomes necessary, a party to any contract, and particularly an international commercial contract, should consider the potential for litigation while negotiating its contract with any counterparty.

Venture Capital Financing in the United States. A Legal Perspective.

Venture Capital Financing in the United States. A Legal Perspective.

Winter 2013 Article

Venture capital financing (VC) has been one of the main engines of the United States economy, and has substantially contributed to bringing the American economy to the current levels. The majority of companies that have achieved visibility and success over the past 20 years, especially in innovative fields, have obtained venture capital financing.

United States Visa Options for Foreign Businesses

United States Visa Options for Foreign Businesses

Fall 2013 Article

Foreign enterprises conducting business in the US often have the necessity to send their managerial or technical personnel to the United States. These travels may be short trips to attend a trade show or to meet with commercial partners, or may also result in extended periods of stay during which the transferred employees work in the US. In all of these cases, the appropriate visa is always necessary.

The Process of Discovery in U.S. Litigation - and How you Can Prepare for it

The Process of Discovery in U.S. Litigation - and How you Can Prepare for it

Winter 2012 Article

Litigation in the United States has the reputation of being slow, costly, and frustrating for all parties. And it is all of these things. A principal driver of the cost of litigation is the process of discovery, which is the formal process by which adverse parties in litigation must exchange information and documents in order to identify the evidence by which they will prove their case at trial.

Consignment: How to Protect Consigned Assets in the United States

Consignment: How to Protect Consigned Assets in the United States

Summer 2012 Article

The consignment contract is frequent in the United States. In a consignment, the seller (consignor) delivers the goods to the buyer (consignee) for further resale to third parties. The consignor retains title to the goods, which is transferred directly to the third party purchaser upon sale, and does not issue an invoice until the consignee sells the goods.

Collection of Trade Credits in the United States

Collection of Trade Credits in the United States

Spring 2012 Article

The United States acts as a world class, key market and a very important window of opportunity for foreign producers. American consumers appreciate Italian products, especially in the food, fashion and automotive industries. For foreign companies the ability to sell products in a very competitive and selective market is rightly an indicator of the recognition of the quality of their products.

How to Export Food and Alcoholic Beverages From Italy to the United States of America

How to Export Food and Alcoholic Beverages From Italy to the United States of America

Fall 2011 Article

For Italians living abroad it is always nice to find a product from Italy in a corner of the United States of America. Whether it is a wine or food product, it makes no difference as the important thing is that it is Italian. They are happy to find a piece of Italy, but no one wonders what was needed for that piece of Italy to land on a shelf in an American store.