US commercial litigation differs from European systems in ways that shape strategy and cost from day one.
Federal vs state courts
A claim may go to state court or to federal court — the latter typically where there is diversity jurisdiction (parties from different states and more than the dollar threshold) or a federal question. Picking the forum is a strategic decision.
Personal jurisdiction
Before suing a company, you must establish personal jurisdiction — broadly, that the company has sufficient "minimum contacts" with the forum — a threshold issue with no real equivalent in the EU framework.
Discovery and the American Rule
US litigation features broad, expensive discovery (depositions and document production), and the American Rule means each side usually pays its own attorney fees regardless of who wins — the opposite of "loser pays". Jury trials and, in some cases, punitive damages add further exposure.
For foreign claimants
Forum, jurisdiction and discovery cost must be assessed early. A verified US colleague in the relevant state can confirm the forum and file the complaint.
Federal and state rules differ — confirm with admitted US counsel in that state.