Expert Evidence on U.S. Law for UK Proceedings
FULL LIST OF SERVICES
Expert Legal Opinion on U.S. Law for Proceedings in England and Wales
When legal proceedings in England and Wales involve issues of U.S. law—particularly commercial, corporate, or contractual matters—clear and credible expert evidence can be critical. Abrams Law provides specialist legal expertise on U.S. law in accordance with CPR Part 35, supporting courts and legal teams with independent, authoritative opinion.
Our lawyers are dual-qualified—licensed as attorneys in New York and admitted solicitors in England and Wales. This unique positioning allows us to serve as expert witnesses in UK proceedings where U.S. law is relevant to the dispute, whether acting for one party or as a Single Joint Expert.
When expert evidence on U.S. law is needed
UK courts occasionally face cases that turn on the application, interpretation, or enforceability of U.S. legal principles.
These issues may arise in:
- Contractual disputes with U.S. governing law clauses
- Cross-border commercial litigation
- Corporate or shareholder disputes involving U.S.-based entities
- Enforcement of U.S. judgments or awards
- Multinational transactions where U.S. law applies to part of the agreement
In such matters, Civil Procedure Rules (CPR) Part 35 allows for the instruction of expert witnesses to provide the court with impartial evidence on the foreign law in question.
As U.S. law is considered a matter of fact in the English legal system, the quality and credibility of the expert opinion can have a significant influence on the outcome of the case.
Our U.S. expert evidence services
We provide expert legal analysis and testimony on matters of U.S. law—primarily commercial, contractual, and corporate—in the context of UK litigation, arbitration, and other forms of dispute resolution. Our services include:
1. Written Expert Reports under CPR Part 35
We prepare clear, structured, and court-compliant reports that explain U.S. legal principles, their application to the matter in dispute, and relevant legal precedents. Our reports:
- Are compliant with the requirements of CPR Part 35
- Include a statement of truth and details of our qualifications
- Are presented in an impartial and accessible format
- Highlight differences between U.S. and UK legal concepts where relevant
We work closely with solicitors and counsel to ensure that our reports are appropriately scoped and submitted within the court timetable.
2. Oral evidence and cross-examination support
Where required, we provide oral expert evidence in court or arbitral proceedings. This may involve:
- Attending court to give evidence and be cross-examined
- Participating in case management conferences
- Offering clarifications or supplements to written reports
- Engaging in hot-tubbing (concurrent expert testimony) if ordered
Our courtroom experience and familiarity with both UK and U.S. legal processes ensure clarity and professionalism in oral testimony.
3. Single Joint Expert (SJE) appointments
In cases where the court or parties require a neutral opinion on U.S. law, we can be instructed as a Single Joint Expert. In this role, we:
- Maintain strict impartiality and independence
- Provide an unbiased report accessible to both sides and the court
- Respond to questions from all parties within permitted guidelines
Our background in cross-border law ensures fairness, transparency, and credibility in all Single Joint Expert appointments.
4. Preliminary expert analysis
Instructing parties may also engage us to provide early-stage advisory opinions on:
- The likelihood of prevailing on an issue of U.S. law
- How U.S. law compares to English law in a specific area
- Contractual interpretation under New York law
- Risks and procedural requirements for enforcing U.S. judgments
These advisory services are not intended as formal expert reports, but they are often helpful in case strategy, pre-action discussions, or mediation settings.
Our areas of U.S. law expertise
We provide expert legal opinion in the following core areas of U.S. law:
- Commercial Contracts: Interpretation, breach, remedies, governing law, and forum clauses
- Corporate Law: Formation, shareholder rights, corporate governance, fiduciary duties
- Business Transactions: M&A agreements, joint ventures, and financing structures
- Choice of Law and Jurisdiction: Enforceability of U.S. clauses in UK proceedings
- U.S. Litigation and Enforcement: Procedural norms, discovery, and judgment recognition
Our reports often include comparative insight, helping the court understand how U.S. law may materially differ from English law and what legal standards apply.
How instruction works
We are typically instructed by:
- UK law firms requiring U.S. legal input for their clients
- UK-based litigants involved in disputes touching U.S. law
- Counsel and arbitrators needing reliable foreign law interpretation
- Parties to cross-border litigation, seeking clarity on U.S. legal principles
We also work with in-house legal teams and foreign counsel to ensure full alignment with the dispute strategy.
Why Abrams Law
- Dual-Qualified Legal Experts: Our lawyers are admitted in New York and England & Wales, giving us a unique understanding of both legal systems.
- CPR Part 35 Compliant: We adhere strictly to court requirements for expert evidence, ensuring our reports stand up to scrutiny.
- Clear and Impartial: Our opinions are clear, independent, and carefully reasoned, reflecting both legal rigour and practical insight.
- Trusted by Legal Professionals: We are regularly instructed by leading law firms to assist in high-value and complex matters.
- Responsive and Timely: We work efficiently to meet procedural deadlines and adapt quickly to case developments.
We take our duty to the court seriously and provide honest, expert-driven opinion based on careful analysis and years of transatlantic legal experience.
“Rule 144 Legal Opinions”
This term is widely used in U.S. securities practice to describe a legal opinion issued by a U.S.-qualified securities attorney that confirms a shareholder’s eligibility to sell restricted securities under Rule 144 of the Securities Act.
Key features of a Rule 144 Legal Opinion:
- Issued to a transfer agent or broker: Usually at the request of the shareholder.
- Covers compliance with Rule 144 conditions, such as:
- Holding period
- Affiliate/non-affiliate status
- Adequate current public information
- Volume and manner-of-sale limitations (if applicable)
- Enables legend removal: It supports the removal of the restrictive legend from share certificates, allowing the shares to become freely tradeable.
Transfer agents typically will not process legend removal or allow unrestricted resale unless they receive this formal legal opinion from a U.S. attorney at law.
Abrams Law regularly advises on these issues and provides Rule 144 Legal Opinions to exiting option holder or vested stockholders of U.S. corporations and members of US LLCs and occasionally limited partners in LP set-ups.
What is a "Red Flag Review"?
We draft, review, and negotiate a wide range of contracts for UK and EU clients doing business in the U.S. Each agreement is tailored to reflect the specific transaction, industry, and jurisdiction involved.
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- High-level and focused, not a full deep-dive.
- Designed to spot significant legal risks or unusual provisions.
- Often used in early stages of investment, such as:
- Reviewing SAFE agreements, convertible notes, term sheets, or subscription agreements.
- Reviewing the governing documents of the company (e.g., certificate of incorporation, operating agreement).
- Typical red flags might include:
- Unfavorable liquidation preferences
- Anti-dilution clauses
- Onerous investor rights or veto powers
- Missing or unclear governance provisions
- Misalignment with market norms or client’s goals
Written Legal Advice
This refers to a formal memo or email summarizing:
- Key red flags identified
- Legal implications of the issues
- Potential mitigation strategies or negotiation points
- Tailored to the client’s position (e.g., investor vs company)
When is This Service Used?
- Startups seeking quick input before accepting investment.
- Investors wanting reassurance before signing.
- As part of a fixed-fee offering to control legal spend.
- In accelerator/incubator programs to offer rapid feedback.
Included in our Red Flag Review and Advice Service:
- Review of core documents (term sheet, SAFE, etc.)
- 3–5 pages of written advice, or detailed annotated comments
- Optional follow-up call for clarification
Discuss Your Case with a U.S. Legal Expert
If your matter requires expert evidence or a formal legal opinion on U.S. commercial, corporate, or contract law, speak to Abrams Law. We can advise on the scope of evidence needed, provide a formal quotation, and agree a timeline that aligns with your case requirements.
Contact us today to discuss your needs and instruct a U.S. law expert in accordance with CPR Part 35 and U.S Securities Laws.
US Expert Evidence Lawyer FAQs
Can Abrams Law serve as a U.S. law expert in U.K. courts?
Yes—we act as expert witnesses for U.S. commercial, contract, and corporate law matters under CPR Part 35.
Are your experts dual‑qualified?
Yes—we are admitted both as New York attorneys and Solicitors in England and Wales.
In what formats can you provide expert evidence?
We offer both written and oral expert evidence as a Single Joint Expert or as separate parties’ expert.
How do I instruct Abrams Law for expert evidence?
Please contact us to discuss your requirements and how we can provide expert support.
Can you advise on complex U.S. corporate law disputes?
Yes—we specialize in complex commercial and corporate law matters requiring expert input in English proceedings.