Rock and Hard Place: Non-competes for new employers

Non-compete and non-solicitation provisions have been in my mind lately.  Almost like I had a presentation on them recently. Usually, I get asked by employees about the limitations placed on them and by employers how they can use this tool to be fair to employees and contractors but still protect the company’s assets.  A question … Read more

Who runs the world?

Turns out, it isn’t girls who run the world, but contracts that do.  Sorry, Beyonce  You can barely get through a week without agreeing to one whether it is getting a cell phone, signing up for a new social media account, or getting an oil change.  The Sveriges Riksbank Prize in Economic Sciences in Memory … Read more

Location, Location, Location

One provision often found at the end of a contract discusses jurisdiction, venue, and choice of law. It is one of those paragraphs that you probably skipped over and maybe  even called boilerplate. But, guess what, it could matter a whole lot if the parties get involved in a lawsuit. First, let’s talk about jurisdiction. … Read more

I Saw the Signs

Intellectual property rights all come with their very own symbols.  They are signs to others about what type of rights are being claimed.  I am sure you have seen them, but not everyone is sure which symbol belongs to which right.  So let’s go back to grade school, do a matching game.  Didn’t know there … Read more

Make It a Triple (or Not)

When signing a commercial lease, it is very important to know what is included as part of the rent payment and what additional payments may be due.  Often tenants go into a lease negotiation with a belief that as long as they are paying their base rent, everything is covered.  However, that may not be … Read more

Not So Secret Agent Man

When setting up a company, whether it is an LLC, corporation, non-stock corporation, or any of the other options, we always need to include the identity of the company’s registered agent in the Articles of Incorporation and Annual Report and update that information if it ever changes.  Each company (again no matter what kind or … Read more

Don’t Cut, Paste then Pay

Photo: © 2008 flikr, flikr2639, licensed by Creative Commons You are looking for a nice photograph to take your website from “meh” to “yeah!”  After tooling around, you find the perfect one on someone else’s website.  It has everything you could hope for in a photo.  It is pretty, professional, and just the right amount … Read more

Chinks In the Wall

I often get asked, “Now that I am an LLC or corporation, I am completely, 100% protected from personal liability, right?”  Well, um, how do I put this delicately?  Uh, no.  No, you are not.  “Wait, what!?”  It is because the company isn’t an impenetrable shield.  It is more like a really high wall that … Read more

IP from Sea to Shining Sea

Your ideas may know no boundaries, but the protection of them does.  Intellectual property laws only protect the subject within the boundaries of the entity that created the protection.  There are three types of entities that provide intellectual protection:  States (or provinces), nations and regional intellectual property organizations. Nations each have their own intellectual property … Read more

Trademarks: The Shopper’s Law

I love trademark law.  I admit it.  I have used the hashtag #trademarknerd more than once.  One reason that I love it is that it is part of everyday life. If you shop, you use and understand trademark law.  And here you thought you were just buying shampoo. Trademarks are completely based on customer perceptions.  … Read more