What Are The Legal Needs of Companies in India Doing Business in New Jersey?
Andrew S. Bosin is a Software as a Service SaaS, cloud, Software, business & technology attorney lawyer representing software licensing, startup, web based application solutions providers and vendors and technology companies from India doing business in the United States. Entrepreneurs from India are developing software and technology and doing business in New Jersey with great success despite the ten hour time difference between the two countries.
Andrew works with startups located in India on logistics and e-commerce online payments ecosystems, cloud-based solutions, CRM and customer support, multi-channel user engagement and marketing automation platforms, subscription billing and recurring payment software, online customer support software, and online office suite and SaaS applications for business, cloud based customer support platform, workflow management, healthcare payments, social media management tool, healthcare management, mobile payments, cyber security, cloud computing based analytics platforms, services, and business intelligence (BI) solutions, web 2.0, Virtual Reality (VR), machine learning algorithms, Artificial Intelligence (AI), internet connected devices and embedded sensors, wearables, IoT monetization, Platform as a Service (PaaS), Infrastructure as a Service (IaaS), Data as a Service (DaaS), big data, cloud platforms, APIs, cyber security, data protection, intellectual property (IP), interoperability, IoT device management and monitoring, Low-Power, Short-Range IoT Networks, Low-Power, Wide-Area Networks (LPWANs), IoT processors, IoT Operating Systems, IoT Privacy, IoT Apps, IoT Platforms, IoT standards and ecosytems, B2B e-commerce platforms, personal data protection, IoT travel and hotel & tourism solutions, manufacturing, privacy, light industrial applications, and smart homes.
Here are some of the legal issues facing Indian Companies wanting to do business in New Jersey.
1. Incorporation
Indian companies are no longer relying upon third party US companies to sell or promote their goods on their behalf in the states. Indian companies are proactively putting stakes in the ground in New Jersey and other states and setting up shop to do business here. One of the issues facing foreign companies is where to incorporate. If an Indian company has no need to raise money and wants an office in New Jersey I advise them to incorporate as a New Jersey LLC. If, on the other hand, my client advises that they are going to need to raise capital I would recommend that they incorporate in Delaware as a C Corporation and then register to do business in New Jersey as a Foreign Corporation.
2. Business Agreements
Companies in India seeking to sell or license their technology and software will need to have contracts and agreements put in place to protect their technology, ideas, IP and inventions. The agreements will also need to limit their liability if they get sued. I’m frequently asked by Indian clients to draft licensing agreements. master service agreements and subscription agreements. If, my client maintains a website I recommend drafting Terms and Conditions and a Privacy Policy.
3. Patents and Copyrights
I’m also starting to see Indian Companies having the need to file for patent protection and/or copyright their software.
4. Employment and Independent Contractor Agreements
As soon as my clients have the need to hire employees or contractors I recommend that they put in place both employment agreements and independent contractor agreements. New Jersey is known as having a very pro-employee Law Against Discrimination and it doesn’t take much to violate an employee’s rights and be facing a lawsuit.
5. NDA’s and Non-Compete Agreements
The public doesn’t realize just how much time, sacrifice and money goes into developing one successful software application. And, all it takes is one employee to steal or misappropriate a company’s IP and the years of hard work go down the drain. I highly recommend to my clients that every founder, employee and contractor sign agreements containing non-compete language. Companies need to send a message to the people who work for them that they take protecting their trade secrets very seriously and if they do anything to compromise livelihood of the business that they will get sued.
Andrew S. Bosin, Esq. is a business, technology, software and startup lawyer in New Jersey who represents companies from India.
www.njbusiness-attorney.com. 201-446-9643