A client recently sent its usual services agreement to a new customer. The customer sent it back with a short message: “the agreement was too one-sided, and they would not put it in front of their lawyers until it was more balanced.” The form was written to protect my client, so of course it looked
Few contract provisions generate more negotiation than indemnification clauses. Yet many business owners sign agreements without fully understanding what they’re agreeing to. Here’s the short version: an indemnification clause shifts financial responsibility for certain losses from one party to another. Get it wrong, and a manageable business problem becomes an existential threat. What Indemnification Actually
What Every Business Owner Should Know About Indemnification Clauses Read More »
A lot of business owners assume an NDA is rock solid. In reality, most of the ones I review fall apart in the same places. The first issue is usually around “confidential information.” If it isn’t spelled out—financials, client lists, product designs—it leaves too much room for argument. Another weak spot is timing. Courts don’t
NDAs fail for 3 reasons. Read More »
I review a lot of contracts. Often, clients will send me a contract and say that the contract is standard and so shouldn’t have any issues. Here are a few key points to consider:1. Variability in Terms and Conditions: Contracts often contain terms and conditions that are tailored to specific transactions, parties, or industries. What
Standard Contract Language Read More »
I read this article last month (https://www.bizjournals.com/triad/news/2021/09/22/sba-loans-ppp-7a-lender-expire-enhancements.html?utm_source=st&utm_medium=en&utm_campaign=me&utm_content=gr&ana=e_gr_me&j=25120996&senddate=2021-09-23) about SBA 7(a) loans, and thought that this post would be helpful to some of my clients and colleagues…. An SBA 7(a) loan is a form of financing overseen by the Small Business Administration (SBA). The funding doesn’t issue directly from the SBA itself. Rather, the SBA assists
As new variants of the COVID-19 virus are appearing and vaccines have become more readily available, employers are challenged with creating safe and feasible return-to-work strategies for their workforces. This is leading many employers to as us whether they can encourage or require their employees to get COVID-19 vaccinations. Employers Are Allowed to Mandate COVID-19
Can Employers Mandate COVID-19 Vaccinations for Their Employees? Read More »
A strong trademark can make your small- to medium-sized business more visible, profitable and valuable. Read more from WIPO here: https://zurl.co/OHrA.
Intellectual Property Does your business own intellectual property (IP), like registered trademarks or patents? Trademark registrations expire, but can be renewed. Patents also expire. You should know when your IP registrations expire and be prepared to renew the registrations. If you used an attorney to obtain your registrations, your attorney should notify you of upcoming
Time to Think About Year-End Business Legal Planning Read More »
I am often asked about the difference between an “employee” and an “independent contractor”. The Internal Revenue Service (IRS) and the United States Department of Labor (DOL) set guidelines for determining the difference between an employee and an independent contractor. In certain situations, the employer could face penalties for an incorrect classification. In general, an
Employee or Independent Contractor? Read More »
It is important for business owners to protect their intellectual property. Intellectual property (IP) refers to the intangible, often creative, parts of your business, such as symbols, business logos, designs, inventions, and written works. IP law provides legal protection for your business’s intangible creations by stopping competitors from stealing your ideas and enabling your business
What is Intellectual Property? Read More »
It is inevitable that some business clients will end up in disputes with their business partners. Sometimes their business partner becomes unreachable. Sometimes their business partner is blocking key business deals or sabotaging the business. If this sounds similar to a situation you are facing with your current business partner, it may be time to
How to Deal With a Business Partner Dispute Read More »
Not getting paid for labor or services you provided? A lien on property may be available if your business was in a direct contract or subcontract with the property owner for whom you provided services. Your business can recover the value of the improvements to the property, if the improvements were made pursuant to a
What can you do if you don’t get paid for labor or services you provided? Read More »
Do you have a business entity in North Carolina? Annual Reports are due on or before the due date for filing your business’s income and franchise tax returns. (An extension of time to file a return is an extension of time to file an annual report.) In most cases, your accountant or CPA is already
Annual Filings Are Coming Due! Read More »
Start-ups, mid-sized businesses, and larger corporations have at least one set of issues in common: legal work associated with contracts, trademarks, copyrights, and trade secrets, labor and employment matters, corporate governance, and other day-to-day legal matters. Larger corporations can hire full-time in-house counsel, but even those attorneys are often burdened with more work than they
How Can An On Demand General Counsel Help Your Business? Read More »
Thinking about a new business or brand name? Some groundwork is important to make sure you are in legal safe harbor. Here are some basic tips: Check if your business name is available by looking at your Secretary of State’s business entity and registered trademark databases. Look at the trademark database on the United State’s
How To Pick The Right Brand Name For Your Business Read More »
