Category: Business Law

Intellectual Property: Are You Set Up For Success?
avatar


Authored by , re: Business Law, Intellectual Property, LAW RELATED ARTICLES, on .
Intellectual Property: Are You Set Up For Success? | Bettina Eckerle

One of my mantras when advising clients is to pay particular attention to their intellectual property when thinking about building value in their companies. This requires a comprehensive IP strategy that covers IP creation and protection. It is best started from the get-go, but it is never too late. You’ll need it to build and protect your IP assets to help you to monetize what you have built.

Click here to read Bettina Eckerle's full article...

Start-Ups: Get Your Pre-nup
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Start-Ups: Get Your Pre-nup | Bettina Eckerle

Two or more people decide to launch a new business, and this is how it typically goes down regarding the relationship between them: "We have known each other for a long time, or our interests are totally aligned and we see it through together through the exit, or what can possibly go wrong, let’s not think about worst case — so a handshake must surely be enough." Yeah, right. Until it isn’t.

Click here to read Bettina Eckerle's full article...

Can You Minimize Publication Costs by Forming an LLC in Albany?
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Can You Minimize Publication Costs by Forming an LLC in Albany? | Aimee B. Davis

{3:06 minutes to read} In New York State (NYS) every new limited liability company (LLC) must announce its formation by placing notices in two publications for a period of six weeks, at a cost of up to $2,000. This revenue generating mechanism applies to domestic LLCs as well as foreign LLCs seeking to qualify to do business in NYS. Although investors and attorneys have argued that such a “tax” drives new business away from NYS, the legislature has consistently affirmed this mandatory requirement.

Click here to read Aimee B. Davis' full article...

3 Essential Tasks for Founders Starting a Venture
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
3 Essential Tasks for Founders Starting a Venture | Bettina Eckerle

As I’ve written before, the race to opening your new venture is characterized by expansive enthusiasm—but that doesn’t make having important legal safeguards any less important. Unfortunately, founders often do not engage in the necessary legal counsel to guide them through the process. In this post I present three essential tasks that, considering the implications of doing them incorrectly, make investing in legal counsel worth every penny.

Click here to read Bettina Eckerle's full article...

Key Decisions to Consider Before Starting a Business
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Key Decisions to Consider Before Starting a Business | Bart Eagle

You have many choices. If on your own, you can be a sole proprietor. However, you should also consider various types of business entities: You can form a limited liability company, even if you are the only member. You can form a corporation. If you are starting the company with others, you could also form a partnership – general or limited. How to choose? What may seem like a simple question oftentimes may not be. Among the considerations should be protecting yourself (and any other “owners”) from personal liability, management, tax issues, and funding.

Click here to read Bart Eagle's full article...

Which Entity Should You Choose When Starting A Small Business?
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Which Entity Should You Choose When Starting A Small Business? | Deborah E. Kaminetzky

Choosing a Business Entity – Which One is Right for Your Business? Now that you have decided to launch a business, you need to decide which business entity is right for you. I’ll explain the differences between sole proprietorship, partnerships, corporations and limited partnerships. I cannot stress enough the importance of having a discussion with your CPA or tax adviser as to how each entity may affect you and taking that into consideration when making a decision.

Click here to read Deborah E. Kaminetzky's full article...

Small Business Considerations When Deciding on Location and Space
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Small Business Considerations When Deciding on Location and Space | Deborah E. Kaminetzky

Starting a new business is exciting! One of the most exciting pieces is deciding on location. I can not stress enough that you need a lease or a license. It might seem like a wonderful opportunity to rent a small space inside another business without a lease—after all, you have no obligation, so if the business doesn’t do well, you can just walk away. You, however, are not protected, and just like you have no obligation to your new landlord, they have no obligation to you. You could be asked to leave if they decide they need the space or someone else is willing to pay more. This can leave you in a precarious position.

Click here to read Deborah E. Kaminetzky's full article...

Giuliani to Be Cybersecurity Advisor?
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, MANAGEMENT & TECHNOLOGY, on .
Giuliani to Be Cybersecurity Advisor? | Aimee B. Davis

{2:54 minutes to read} In light of the hacking allegations into the DNC’s and Hillary Clinton’s emails during the 2016 presidential election, I’ve been thinking about cybersecurity. Throughout my career, I’ve focused on the use and protection of confidential information, and I’ve often wondered how to effectively prevent cyber-incursion. For nearly as long as I’ve practiced law, I thought that measures taken by the legal community seemed inadequate, because they were generally focused on mitigating liability after such an event occurs, rather than finding solutions to prevent breaches from happening in the first place.

Click here to read Aimee B. Davis' full article...

Countdown To Launching Your Business: Key Legal Safety Checks
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Countdown To Launching Your Business: Key Legal Safety Checks | Bettina Eckerle

I advise many entrepreneurs who are in the process of starting a new business. Most of them are bootstrapped with little cash to spare on “luxuries,” like obtaining comprehensive legal advice. I can assure you based on my experience that some important issues should really be carefully deliberated and analyzed on day one. In this post, I aim to give you an overview of some important steps on the road to protecting and growing your company’s true value.

Click here to read Bettina Eckerle's full article...

What It Means to Be a Resourceful Attorney
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
What It Means to Be a Resourceful Attorney | Harlan Levine

{3:10 minutes to read} Your attorney is a valuable resource—take advantage of his contacts. When an opportunity or problem arises, clients often do not hesitate to call their attorney. In addition to legal work, however, many attorneys have exposure to a network of other clients and business contacts that clients can benefit from. Your attorney can be a valuable resource for information, opportunities, and networkingwhether in your core business or a business in which you’d consider diversifying.

Click here to read Harlan Levine's full article...

Ghana: A Top Choice for Businesses Entering the African Marketplace
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Ghana: A Top Choice for Businesses Entering the African Marketplace | Tatenda Aloy Musewe

Entering an African marketplace requires rigorous strategic planning that incorporates the business’ goals and the market’s suitability to those goals. Naturally, access to accurate information is critical to the success of the business. In African jurisdictions, practice often differs greatly from expectations created by statutes, regulations, case law (where it exists), and government-originating communications. In addition, clients usually have concerns about political and economic stability in their regions of interest. These concerns have merit. 

Click here to read Tatenda Aloy Musewe's full article...

Are Your Marketing Efforts Visible?
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, MARKETING, on .
Are Your Marketing Efforts Visible? | Aimee B. Davis

{3:18 minutes to read} I like to say that everything I know about marketing, I taught myself. I didn’t study marketing in school. I never even took a marketing course. However, as the proprietor of Aimee B. Davis Law P.C., I’ve had to learn a great deal over the past 7 years about the best ways to promote my “laptop” law practice, but there is always more to learn about marketing in the digital age.

Click here to read Aimee B. Davis' full article...

Should I Agree to Arbitration? Part 2
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Should I Agree to Arbitration? Part 2 | Bart Eagle

{5:30 minutes to read} In my previous article, I provided an overview of arbitration and what happens if one chooses to take this path. In this continuation, I discuss discovery and motion practice, arbitrator selection and the hearing, and the finality of arbitration. Discovery and Motion Practice: The two main areas in which arbitration may differ from a lawsuit is discovery and motion practice. Oftentimes, the most time-consuming and expensive part of a lawsuit is discovery.

Click here to read Bart Eagle's full article...

A Curious Case of Fraud and Bankruptcy
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
A Curious Case of Fraud and Bankruptcy | Mark Kaufman

A new client came to me admitting that he’d been defrauded hundreds of thousands of dollars. While the most direct route would be to sue the other party now and ask questions later, it’s in my client’s interest to get a result that’s actually payable—not to mention that unnecessary litigation is not a good use of money. For his part, the debtor claimed to want to do the right thing and create an agreement that would allow him to pay the debt back over time. This led me on a law-finding mission to determine how my client might be impacted if the debtor later filed for bankruptcy. Would an agreement constitute a waiver of my client’s rights to hold the debtor liable for the fraud?

Click here to read Mark Kaufman's full article...

What Would Darwin Say to Today’s Businesses? Adapt!
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
What Would Darwin Say to Today’s Businesses? Adapt! | Harlan Levine

{4:15 minutes to read} To appeal to new customers, businesses—and their owners— must be adaptable. Two weeks ago, I met with a potential new client who happened to be in his early 30s. As usual, I wore a suit and tie to our meeting. I thought one could never go wrong dressing like that, and that it’s always a safe bet; but for the first time, I felt there was a generational disconnect. Had I dressed neatly, but more casually, I would have been perceived more as a peer that the potential client could trust and relate to.

Click here to read Harlan Levine's full article...

Should I Agree to Arbitration? Part 1
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Should I Agree to Arbitration? Part 1 |  Bart Eagle

{5 minutes to read} People unfamiliar with the various forms of alternative dispute resolution often ask the difference between mediation and arbitration. In addition, they often want to know the difference between arbitration and a traditional lawsuit—meaning, going to court. The difference between mediation, which has been addressed in earlier articles, and arbitration is straightforward: In mediation, a neutral mediator will facilitate a negotiation between the parties with the goal of assisting the parties to arrive at a settlement that is reasonably satisfactory to all of them. The mediator makes no decisions, legal or factual; if the parties do not agree to a settlement, the case goes forward and would be resolved, if the dispute remains, in either arbitration or in court.

Click here to read Bart Eagle's full article...

How to Obtain Financing for Your Business
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
How to Obtain Financing for Your Business | Aimee B. Davis

{3:48 minutes to read} Because I’ve represented several clients in the fashion merchandising industry, and have over 20 years of experience negotiating a wide variety of corporate transactions, I recently attended an Accessories Council event about financing sources for fashion and accessory businesses. The presentation was made by Paul Schulinder, SVP of Rosenthal & Rosenthal.

Click here to read Aimee B. Davis' full article...

Increased Rights for Whistleblowers in the Private Sector
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Increased Rights for Whistleblowers in the Private Sector | Mark Kaufman

A recent court decision in Kings County called Della Pietra v. Poly Prep Country Day School has expanded who can bring a cause of action under whistleblower provisions of the New York Not-for-Profit Corporation Law. While the case is significant, and potentially persuasive, it is not a binding precedent. The facts of the case are interesting. Della Pietra was working at Brooklyn’s Poly Prep Country Day School when an administrator, employees, students and alumni took a trip to Cuba, apparently for the stated purpose of “a learning experience.” Indeed. Pietra became privy to what really occurred in Cuba: underage drinking, smoking, and participation in prostitution. When she went to the Board of Trustees and reported what she knew, she was allegedly harassed, defamed and ultimately fired.

Click here to read Mark Kaufman's full article...

Mediation: What to Expect
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Mediation: What to Expect | Bart Eagle

{5:10 minutes to read} You’ve been sent to mediation. What’s next? You’re going to mediation; you asked or agreed to go, or a judge sent you. It shouldn’t matter. Embrace the opportunity! This is a “no risk” opportunity to settle your dispute, early on, before investing significantly more time and resources, and to do so on your own terms; the outcome will not be in the hands of a judge or jury. You will also have an opportunity—perhaps your first, and maybe the only one you will have, at least before a trial—to meet and speak directly to the other party. So go prepared to engage; to explain your position; ask questions; express your thoughts; and to listen—both to the other side and the mediator.

Click here to read Bart Eagle's full article...

Get It In Writing!
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Get It In Writing! | Mark Kaufman

Sometimes, in the heat of a new project or business opportunity, slowing down to make a written agreement seems boring, unnecessary, and even adversarial. When everything is going well, the parties can feel that reducing it to writing means they don’t trust each other. But an interesting, recent case illustrates exactly how important it is to “get it in writing”—and offers a lesson to anyone to confirm what each side expects in order to avoid a substantial misunderstanding.

Click here to read Mark Kaufman's full article...

 

Let’s Go Work for Facebook!
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Let’s Go Work for Facebook! | Aimee B. Davis

{3:54 minutes to read} In last month’s blog, I mentioned that I regularly attend panel discussions, seminars and business development meetings to meet potential clients, confer with like-minded professionals, and learn new things along the way. I recently attended a presentation at Facebook’s NYC headquarters regarding How Social Media is Impacting Elections. The strategic use of social media seemed like a relevant topic, before the Republican nominee proved himself to be uncontainable in his Twitter rants.

Click here to read Aimee B. Davis' full article...

Trump’s Confidentiality and Non-Disparagement Agreement Is Not Terrific. Believe Me.
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Trump’s Confidentiality and Non-Disparagement Agreement Is Not Terrific. Believe Me. | Mark Kaufman

Recently Buzzfeed News published a reprint of part of a non-disclosure/non-disparagement agreement between Donald Trump’s campaign and anyone who works or volunteers for it — and it made me wonder just how enforceable it is. Under New York law, it’s pretty difficult to avoid a prohibition against sharing confidential information. The courts generally support the notion that if someone has information that’s confidential and proprietary (maybe even unique) to a company, the company should be able to protect itself, with very few exceptions. So, on its face, this agreement might be “fine.”

Click here to read Mark Kaufman's full article...

Bottom Lines: Don’t Reveal, But Do Discuss
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, MEDIATION, on .
Bottom Lines: Don’t Reveal, But Do Discuss | Gary Shaffer

{3:54 minutes to read} In my last blog I discussed why you should not reveal your bottom line during a mediation. You can read that here. My teaser line at the end was that it’s important for attorneys and clients to discuss bottom lines. And that discussion may have to occur several times. Parties generally enter a mediation with very different ideas as to what a case is worth or what it should settle for. The plaintiff thinks the defendant should take out the checkbook and be prepared to write a check with lots of zeros. The defendant thinks that any check should contain only zeros.

Click here to read Gary Shaffer's full article...

Equity vs. Law: Understanding the Difference
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Equity vs. Law: Understanding the Difference | Bart Eagle

{5:30 minutes to read} The decisions that parties make at the beginning of a lawsuit can have lasting consequences throughout the litigation. Many litigants have heard that historically, there had been a distinction between courts of equity and courts of law. Today, while there still exists a distinction between equitable claims, such as actions for an injunction, and legal claims, such as actions for tort or breach of contract, the same courts and judges hear both equitable and legal claims.

Click here to read Bart Eagle's full article...

How Do You Define Success?
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
How Do You Define Success? | Aimee B. Davis

{3:00 minutes to read} A solo practitioner or any type of freelancer should be prepared to face regular ebbs and flows in the level of work they receive. Before launching Aimee B. Davis Law P.C. and whenever I am struggling to get clients, I spend time on a daily basis thinking about how I can redefine success. I’ve expanded my definition of success to include having the freedom to choose my clients, associates and friends.

Click here to read Aimee B. Davis' full article...

Copyright Small Claims Court: The Devil is in Small Details
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .

{5:24 minutes to read} In a prior post, I mentioned that in September 2013, the U.S. Copyright Office had proposed a copyright small claims court as an alternative to full-blown civil litigation. Almost three years later, the Copyright Office’s proposal has moved onto the legislative agenda as a bill (H.R. 5757) in the House of Representatives sponsored by Rep. Hakeem Jeffries (D-NY). H.R. 5757 largely follows the guidelines recommended by the Copyright Office. It would establish an optional, alternative forum for copyright infringement claims, employing a streamlined procedure and a cap on damages set at $15,000 per work infringed and $30,000 per action (for actions including more than one infringed work). The award of costs and attorney’s fees permitted under the Copyright Act would not be allowed except in cases of bad faith, and even then capped at $5,000.

Click here to read Joshua Graubart's full article....

Why Throw Money at a Problem When Your Attorney Can Provide a Better Solution for Less?
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Why Throw Money at a Problem When Your Attorney Can Provide a Better Solution for Less? | Harlan Levine

{4:30 minutes to read} Resist the temptation of instant gratification for your legal problems and business decisions. Clients often call attorneys to get them out of legal jams or to help them negotiate complex situations. Obviously, they’re reaching out because they recognize their attorney’s expertise and skill. But many clients are so averse to conflict, they’re too willing to pay things off to get rid of a legal problem. This ends up costing them far more money than paying their attorney for the legal advice and services they called him or her for in the first place.

Click here to read Harlan Levine's full article...

New York Employment Policies & Employee Handbooks
avatar


Authored by , re: Business Law, on .
New York Employment Policies & Employee Handbooks | Aaron Pierce

Only takes 5 minutes to read! Every employer with any number of employees should have written employee policies, delineated in a readily-available employee handbook. Written policies serve to clarify expectations and reduce the company’s exposure. In many cases, policies must comply with statutory requirements from the state and federal government. I recommend that handbooks be signed by employees upon hiring, to demonstrate that the employee has read, acknowledges, and understands the policies of the company.

Click here to read Aaron Pierce's full article...

Words Do Matter
avatar


Authored by , re: Business Law, LAW RELATED ARTICLES, on .
Words Do Matter | Aimee B. Davis

{3:54 minutes to read} In interpreting legal documents, the words actually matter. A well-trained attorney is best suited to understand and explain to a lay person the implications of the presence or absence of certain words. I often feel like I am speaking another language when discussing financing transactions, even with other attorneys less familiar with these types of deals. Generally, people just don’t understand what I’m saying.

Click here to read Aimee B. Davis' full article...