Daniel H Erskine Small Business Lawyer (International & Domestic)

If your business operates in the UK take a look at the UK Government's " UK toolkit for US SMEs " that provides an overview of different types of UK IP rights. Trade.gov has a short video for U.S. businesses on protecting their IP abroad . The USPTO provides a site, " Protecting intellectual property rights (IPR) overseas ", with IP toolkits on protecting your U.S. IP owned by your U.S. business. Review the ITA's site on "U.S. Export Regulations " providing information on U.S. export controls together with a link to a webpage discussing "How Do I Determine My Export Control Classification Number (ECCN) ". "ECCNs are five character alpha-numeric designations used on the Commerce Control List (CCL) to identify dual-use items for export control purposes." Your business may also review New York State programs about export assistance . Daniel H. Erskine, an attorney and solicitor who holds a Master of Laws (or LL.M.) in Internatio...

Take a look at the variety of business entities a company may utilize in the U.S. by visiting the U.S. SBA's site on American buisness structures . New York also maintains a site further discussing different business structures as well as Connecticut's site detailing different company structures . You may find information on setting up a UK company on the UK Government's site providing guides and information together with further links to information about creation, establishment, and running a UK company .

If you have preliminary questions about trademarks and service marks, then take a look at the United States Patent and Trademark Office's "Trademark basics" site that contains links to information and guidance on trademark and service marks as well as the registration process with the USPTO. The USPTO also hosts the " IP Identifier: Learn to identify and protect your intellectual property " that is an interactive guide on the topic. The site features direct answers about trademarks and service marks as possible beneficial additions to your small business. The U.S. Copyright Office maintains a site answering the question "What is Copyright?" providing details on U.S. copyright as well as " Intellectual Property Toolkits " covering further IP definitions with guidance. If you looking for information on UK IP definitions and descriptions check out the UK's Intellectual Property Office site that provides guides, definitions, and explpnati...

With the explosion of cloud computing and general internet online activity (think social media) small businesses need to assess their security from business and compliance perspectives. Small and medium sized organisations in the UK need to be extra vigilant about cyber security given the increased regulations applicable to personal data and data security. Check out The National Cyber Security Center SME site discussing cybersecurity together with links to numerous resources as well as Cyber security: what small businesses need to know . The UK government maintains a general cybersecurity site providing links to guidance, research, and news among other items of interest that discuss cyber risks and protection measures. The ICO site has information and guidance (general and detailed) on cybersecurity that briefly discusses data security and your obligations under statutory and regulatory regimes. Also, the ICO has a small business hub with links to guidance and information on da...

If your small business is importing goods into the United States check out the US Customs and Broader Protection's Informed Compliance Publications (ICPs) to help meet your regulatory burden when importing merchandise, which detail a number of areas related to import of merchandise and discuss issues concerning specific goods. Some noteworthy ICPs are: Entry (describing getting your small business goods into the US); Prior Disclosure ; Customs Value ; and Recordkeeping . The CBP site also contains a handbook entitled " Marking of Country of Origin on U.S. Imports ", " Tips for New Importers and Exporters " (links to information about importing into the United States and exporting out of the United States customs territory), as well as guidance on E-Commerce imports together with Internet Purchases . The links lead to good information about the processes of importing and exporting for both the novice and expert. Customs and Boarder Protection is the arm of ...

Before doing business with a prospective new business partner or customer your U.S. small business should conduct due diligence on your new prospect. Search the " Consolidated Screening List " that is "a list of parties for which the United States Government maintains restrictions on certain exports, reexports, or transfers of items." The List website also contains contact information for the various U.S. governmental entities that operate and enforce the U.S. sanctions framework. Review the ITA's " U.S. Foreign Corrupt Practices Act (FCPA) " webpage and U.S. Department of Justice's webpage to learn about the FCPA and its requirements. Review the ITA's " U.S. Export Controls " webpage for information about export licenses, red flags to watch out for, and know your customer compliance. Daniel H. Erskine, an attorney and solicitor who holds a Master of Laws (or LL.M.) in International & Comparative Law, handles business transact...

The United States government has declared increased exports are the path for financial recovery. In particular, the Small Business Administration declared exports are the principal method to buttress American small business. So, how do small businesses effectively negotiate in the international market? Equipping oneself with a negotiation strategy permits a business to maximize benefits and foster relationships—if you use the appropriate method of negotiation. What is the negotiation method a small business should arm itself with to reach an agreement with a foreign company? This article sets out a negotiation strategy, which small businesses may use to effectively enter into the export business and conclude an international agreement. 1. Prepare Preparation is the key element in any negotiation. Familiarize yourself with the other company you desire to do business with and the market place they operate in. Look to the publicly available information about the company. Most fo...

If you are a small business or a medium sized business looking to access new export markets look to the International Trade Administration's Top Markets Series . The Top Market Series analyzes future export opportunities across various commercial sectors. The Series page links to a number of reports complied by the US government to assist exporters in reaching new international markets. After consulting the reports your small business or medium sized company may check out the International Trade Administration's Data & Analysis page where numerous links take you to hard data on export activities emanating out of the United States. www.erskine-law.com

Is your UK small and medium sized business (SME) involved in import or export? If so, check out the UK government's guide " Import goods into the UK: step by step " together with the " Trade Tariff: look up commodity codes, duty and VAT rates ".The guidance document provides basic information about classification codes, links to additional information (and resources), as well as an email address for classification enquiries ; reference is also made to how to value your item . The UK government also provides a guide on how to export goods from the UK " Export goods from the UK: step by step ". You may also search the UK Integrated Online Tariff online. There is also a UK government guide on " Finding commodity codes for imports into or exports out of the UK ". Daniel H. Erskine, an attorney and solicitor who holds a Master of Laws (or LL.M.) in International & Comparative Law, handles business transactions, software contracts, practices...

Data protection in the UK consists of the UK GDPR (retained EU law version of the General Data Protection Regulation ((EU) 2016/679)) and the Data Protection Act 2018 (DPA 2018) together with the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) (PECR). Review the UK government's tutorial on the DPA 2018 and learn about its requirements . The Information Commissioner's Office (ICO) maintains a web guide to prepare for compliance with the UK GPDR.  The guide provides links to relevant UK GDPR provisions as well as discussion/analysis on applicable UK GDPR definitions, principles, processing structures, security, accountability, data breaches, exemptions, applications, and international transfers.  The guide is updated by the ICO so frequently check the site.  Part of the guide links to a guide for SMEs and companies generally to begin conforming processes and procedures to UK GDPR requirements . Daniel H. Erskine, an attorney and solicit...

Links to the podcast on Apple Podcasts and Spotify Podcasts. Jared Correia talked with Attorney Erskine about data security and what law firms need to know with respect to managing sensitive information in the law firm. Daniel H. Erskine, an attorney and solicitor who holds a Master of Laws (or LL.M.) in International & Comparative Law, handles business transactions, software contracts, practices in New York and Connecticut. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP. www.erskine-law.com

If your business operates online, then your business/company should seriously address cybersecurity issues. The Small Business Administration (SBA) dedicates a page entitled "Strengthen your cybersecurity" . The page features links to fact sheets, webinars, online courses, and other federal agency resources. One such resource derives from the Federal Communication Commission (FCC) that provides and generates, through an interactive web site, a Small Biz Cyber Planner that a company may use to "create and save a custom cyber security plan for your company, choosing from a menu of expert advice to address your specific business needs and concerns." There is also a link to the Department of Homeland Security's Cyber Resilience Review (CRR) , "...a no-cost, voluntary, non-technical assessment to evaluate an organization’s operational resilience and cybersecurity practices." The CRR page contains a number of downloadable forms and resource guides. Also, ...

The Congressional Research Service drafted a report entitled Digital Trade and U.S. Trade Policy . The Report complies information from across various sectors to describe barriers faced by U.S. companies in exploiting and pursuing digital trade opportunities abroad. Another report, Digital Trade and Data Policy: Key Issues Facing Congress , details current issues and regulations in a concise manner. These reports follows on a US Trade Representative Fact Sheet on Key Barriers to Digital Trade among several US governmental initiatives to identity and, possibly, remediate trade barriers to digital commerce. The U.S. Department of Commerce has a fact sheet discussing digital trade barriers . Companies facing trade barriers may report or complain about them to The Office of Trade Agreements Negotiation and Compliance (TANC) for investigation. Review the advocacy section of TANC's website to see resources on how TANC advocates for small business abroad . Your U.S. company might also...

For small businesses looking to conduct research and development, while needing funds to realize their small business technology, check out The Small Business Innovation Research (SBIR) program . The SBIR "is a highly competitive program that encourages domestic small businesses to engage in Federal Research/Research and Development (R/R&D) that has the potential for commercialization." The "SBIR funds the critical startup and development stages and it encourages the commercialization of the technology, product, or service, which, in turn, stimulates the U.S. economy." The program started in 1982 (President Regan) and encompasses several US federal agencies. Another US federal government program focusing on small business technology companies is The Small Business Technology Transfer (STTR) . The STTR "expands funding opportunities in the federal innovation research and development (R&D) arena." Like the SBIR, the STTR is a three phase program...

As a U.S. business who targets EU or Swiss nationals with your products or services, you might consider joining the EU-U.S. and the Swiss-U.S. Privacy Frameworks. The Data Privacy Framework (DPF) Program website provides an overview that contains key information about the DFP . Both Frameworks require a self certification . The U.S. government provides " Key Requirements for DPF Program Participating Organizations " to join the DFP dealing with eligibility together with constructing a compliant privacy policy. The site also has numerous FAQs about the DFP requirements as well as information on how the DFP are enforced . You may also view the texts and underlying documents of the DFP through the site. Review the benefits of joining the DFP as described by the U.S. Government. Finally, take a look at the searchable database of companies presently self-certifying under the DFP. The U.S. Department of Commerce through the U.S. International Trade Administration operates the ab...

When exporting items US businesses use a Schedule B Number. Your business may search the US Census Department's site for a Schedule B Number to determine the appropriate Schedule B Number classifying your export item. View the video explaining commodity classification . Another site has a browse feature to view or download the entire Schedule B book for multiple years. US businesses may use the online search tool to determine applicable the US Harmonized Tariff Code for import purposes . This tool is maintained by the US International Trade Commission. View the online course entitled " A Guide to the Harmonized Tariff Schedule (HTS) of the United States " to learn more about the US Harmonized Tariff Code. Daniel H. Erskine, an attorney and solicitor who holds a Master of Laws (or LL.M.) in International & Comparative Law, handles business transactions, software contracts, practices in New York and Connecticut. www.erskine-law.com Attorney Advertising; USE OR VIEWI...