It is December, which means we’re busy wrapping up client work that needs to be done by the year’s end. But it also means that we are planning for 2021. We have big plans. I hope some of them can involve seeing you in person, but even if not, we still need to figure out … Read more
After last week’s post, we know that for a federal trademark we need to have interstate commerce, often because we are selling across state lines. So let’s pretend that we know we can apply for federal registration based on sales. Now, we have to decide if it is a strong trademark: Is this mark protectible? … Read more
It has been a busy first quarter for our clients, which means a busy time for us. One thing that has kept us hopping is the purchase or sale of businesses. Often, but not always, that takes the form of an asset sale. That means assets of the business are sold – not ownership of … Read more
OK, you have gone through all of the questions that Gary set out for you, but now’s the toughest one of all: Do you have the support network at home for this? Start-ups are not for the faint of heart. You will be putting in hours of work – possibly for little or no pay … Read more
I joked last time that I was having an existential crisis about my own value by discussing how much I should pay myself when starting a business, but this week’s post kicks it into high gear as we ask: Are you the right person to start this business? Well, now, these questions are not getting … Read more
We’ve talked about deadlock before, and how to deal with it. While deadlock is never a great thing for Founders to deal with, today there is reason to celebrate. Why? A client chose the “Candy Land” method of breaking deadlock, and among the three of us, that makes a total of about 5 clients over … Read more
In our engagement letter, we have some very important language. Possibly the most important is this: It is expressly agreed and understood by Client that OG + S is retained for the sole benefit of the Client, and not for the benefit of any other person, partnership, corporation, shareholder, office, director, affiliated company or guarantor … Read more
Somewhere at the bottom of most agreements is a clause that looks something like this: Entire Agreement: This Agreement and the Exhibits and Attachments referred to in this Agreement contain the entire understanding of the Parties with regard to the subject matter contained in this Agreement and supersede all prior written or oral agreements, understandings … Read more
At the beginning of many contracts is a series of clauses beginning with “Whereas.” Besides giving us lawyers a chance to use a fancy word, these phrases actually have a purpose. They are called the “Recitals,” and they are used to provide context to the agreement. The first paragraph tells the name of the agreement, … Read more
I have been in Kyoto, Japan, for the past week, and one thing that keeps coming up is that stuff has been here for a long time. Like centuries upon centuries long. And not just things like a stone statute or wall, but buildings made of wood. If something happens to an edifice (and with … Read more