As more businesses expand across borders, the opportunities for growth are huge, but so are the legal risks. Whether it’s a UK company setting up operations in New York, or a US business expanding into England & Wales, navigating two sets of laws can be challenging.
At Penerley Solicitors, we have lawyers qualified to practise in both the UK and the US. This dual perspective helps businesses anticipate risk, avoid regulatory pitfalls, and expand with confidence.
Key Legal Issues When Expanding Internationally
Licensing & Regulatory Compliance
Every jurisdiction has its own rules for doing business, from professional licensing and registration to local employment laws and sector-specific regulations. Getting this wrong can result in fines, delays, or even being unable to trade.
Contract Enforceability
Agreements that work perfectly under English law may need to be re-drafted to comply with US law and vice versa. Choice of law clauses, jurisdiction, and dispute resolution methods should be carefully considered to avoid expensive cross-border litigation later.
Data Privacy & Transfers
Data protection standards differ between the UK (GDPR) and the US. Companies handling personal data across borders must ensure they have the right transfer mechanisms, privacy notices, and cybersecurity safeguards in place.
Tax Planning & Corporate Structure
The way a business is structured internationally can have major tax implications. Decisions around subsidiaries, branches, and profit repatriation should be taken strategically to remain compliant while minimising tax exposure.
Employment & HR Risk
Hiring in another jurisdiction means complying with local employment laws, salary transparency rules, anti-discrimination laws, and employee benefits requirements. Consistency in HR policies across jurisdictions is key for avoiding disputes.
Why Dual-Qualified Legal Advice Matters
Cross-border legal issues rarely fit neatly into one jurisdiction. Having lawyers who understand both UK law and US law means you receive joined-up advice rather than piecemeal solutions. This can save significant time and cost while reducing the risk of conflicting obligations.
At Penerley Solicitors, we help businesses:
- Structure their operations to remain legally compliant in both countries.
- Draft and review cross-border contracts with enforceability in mind.
- Navigate data transfer and privacy requirements under GDPR and US law.
- Plan corporate governance strategies that make sense internationally.
- Handle HR, compliance, and regulatory filings on both sides of the Atlantic.
Whether you are a UK business expanding to the US, or a US company establishing a presence in the UK, getting the legal framework right from the start is crucial.
