The Transatlantic Briefing: The Legal Foundations of U.S. Market Entry
In Conversation with Juliane Eichler:
For nearly 80 years, the German American Chamber of Commerce in New York has been the institutional bridge between German industry and the U.S. market and few people have a clearer view of the decisions that shape an international brand's first months on American soil than Juliane Eichler.
As Director of the Legal Department and Attorney at Law at GACC New York, Juliane and her team advise German companies on the full legal arc of U.S. market entry: incorporation, corporate structuring, product liability, import/export, visa and employment law, and increasingly relevant in today's climate tariffs, customs valuation, and rules of origin. Her department works directly with U.S. Customs and Border Protection on binding rulings and complex origin scenarios and supports companies navigating the legal realities of doing business in the United States, including nearly 900 GACC member companies.
What makes Juliane's perspective indispensable for our INSIDER audience: she sees the legal mistakes brands make before they become expensive ones and she sees them across hundreds of companies, industries, and entry strategies every year. We asked her three of the questions European founders and CEOs ask us most often when they begin seriously preparing for the U.S. market.
When a German brand is ready to establish a legal presence in the U.S. where do they even begin?
German companies seeking to do business in the United States are often confronted with numerous economic, tax-related, and above all legal challenges. When entering the U.S. market, it is essential to adapt products and business models to local conditions. Just because something works in the German market does not necessarily mean it will succeed in the U.S. market. A thorough market analysis is indispensable: Who is the target group, where are they located, and what is the most effective way to reach them? And who are the competitors?
It is equally important to determine the right distribution strategy for your product. In order to properly assess customer behavior, it can be crucial to establish partnerships with reliable local distributors. These partners typically have the necessary expertise and an extensive network of contacts to maximize the chances of a successful market entry.
One of the most common reasons for failure in market entry is often not the business idea or the product itself, but rather a lack of information and insufficient diligence in execution.
Products and business models should be adapted to local conditions. The U.S. market is the largest in the world, but it is also highly diverse and regionally shaped. As a result, a product that sells extremely well in one state or region may struggle to gain traction in other parts of the country. The marketing approach—and sometimes even the product itself—should therefore be adjusted accordingly. In addition, there are not only cultural differences between individual states, but also, in some cases, different regulations, approval requirements, and tax regimes.
What are the most common - and most costly - legal mistakes foreign brands make in the first 12 months?
The first steps must be right—then nothing stands in the way of a successful entry into the U.S. market. Starting business operations in the United States requires careful planning in order to avoid potential pitfalls.
How can the GACC New York specifically help a DACH-region brand navigate this phase?
As the official representative of German industry and trade, the German American Chamber of Commerce, Inc. (GACC New York) has been promoting transatlantic economic relations between Germany and the United States for almost 80 years and plays a central role for German companies seeking to enter or expand in the U.S. market.
Particularly in a changing economic environment, the GACC New York supports German companies with tailored services such as market analyses, site selection, and advice on economic, trade policy, and legal frameworks.
In light of current developments in the United States, our legal department has further expanded its existing advisory services in order to assist German companies quickly and efficiently with the sometimes highly complex changes that can arise at short notice. In addition to our core areas – incorporation service, import/export, corporate law, product liability, visa law, and employee secondments - we are seeing increased demand for advice on tariffs. Our trade and customs advisory portfolio includes, in particular, case-specific legal guidance on newly applicable special tariffs, customs valuation optimization strategies, rules of origin, and tariff classification. In this context, we also work closely with U.S. Customs and Border Protection (CBP), for example when obtaining binding rulings or clarifying complex origin scenarios.
Furthermore, with nearly 900 member companies, the GACC New York fosters networking opportunities by providing German companies with access to local partners, business clients, and relevant authorities.
Overall, we act as a bridge between German companies and key stakeholders in the United States, helping businesses navigate commercial and trade policy challenges.
Learn more about the German American Chamber of Commerce. at www.gaccny.com, and connect directly with Juliane Eichler at legalservices@gaccny.com.
Written by Yvonne Busch, Founder of ALLY
ALLY Communication & Marketing is a Los Angeles-based boutique agency specializing in helping European lifestyle brands enter and scale in the US market. From brand strategy and messaging localization to content production, influencer programming, and media relations — ALLY is your bridge to the American consumer.
Want to discuss your US market entry strategy? Get in touch →yvonne@ally-la.com