Many small businesses start out as sole proprietorships or partnerships, usually because they’re the simplest to get up and running. For most businesses, though, the small amount of extra time and expense involved in setting up a corporation or limited liability company (LLC) will be well worth it. The most important benefit of doing business as a corporation or LLC [...]
A Proposed Increase in the Cost of Trademark Registration The US Patent and Trademark Office (USPTO) is proposing an increase in trademark-related fees. While the plan is not yet finalized, if you’ve been thinking of registering your trademark, now may be a good time, before the cost goes up. The paper application fee is proposed to increase from $750 to [...]
Many copyright-infringement claims arise from the use of photographs on the internet. Some people think it’s legal to simply copy photos found online and use them on their own websites, social media posts, and the like. Others know they can’t legally do that and license photos through stock-photo companies and Creative Commons. Relying on a license can be dangerous, though, [...]
When putting together an estate plan, trusts are commonly brought up as an alternative or complement to wills. One of the greatest benefits of trusts is avoiding probate, the court process of administering a deceased person’s estate, which can be long and costly depending on the make-up of the estate and the location where the deceased person resided. Other benefits [...]
The United States Patent and Trademark Office (PTO) has published a proposed rule to raise existing trademark fees, as well as to implement a number of new fees. Given the proposed new fees and fee increases, it’s a good idea to file trademark registration applications this year, as well as to pay maintenance fees if you’re eligible to do so. [...]
When negotiating or reviewing a contract, you might come across some terminology you don't recognize. Some of the legal terms you're likely to encounter in connection with contracts are: Breach of Contract A breach of contract occurs when one party fails to comply with the terms or conditions of an agreement. Depending on the type and significance of the breach [...]
You may have heard there’s no need to register your copyright, because it’s automatically protected. But this is only half the story—you can’t enforce your copyright without either a certificate of registration or a denial of registration from the Copyright Office. Plus, there are a lot of reasons to register all of your copyrights promptly. 1. If you register a [...]
There are a number of reasons an employer might need to conduct a workplace investigation. For example, an employee may complain about workplace discrimination, harassment, violence, or bullying, or an employee may be suspected of wrongdoing, such as theft, drinking on the job, or misappropriation of confidential information. Confidentiality While an employer can (and should) keep investigation-related information confidential as [...]
One of the most valuable assets a business has may be its trade secrets. A trade secret is anything that (i) gives a business a competitive advantage, (ii) has been and continues to be treated as a secret by that business, and (iii) is not generally known in the trade or readily discoverable through public sources. Virtually every business has [...]
The attorney-client privilege is a rule of evidence that protects confidential communications between lawyers and their clients when those communications relate to the clients’ seeking of legal assistance. To qualify for protection, a communication must be confidential. Most employers have policies stating that employee use of computers may be monitored, meaning that use is not confidential. This is why we [...]
