This Article is the third installment of a series of discussing important legal issues to consider when buying a business. The first installment discussed the role of the Exclusivity Agreement, and the second...
When entering a contract to memorialize a transaction with a counterparty in a different country, how hsould the parties agree to resolve disputes arising from that contract? This party weighs in with recommendations on the type of dispute...
This article focuses on commission agreements, with words of wisdom for both employees working on commission and employers paying employees on commission. The specific advice is that these agreements should be clear about when commissions are...
This article begins a series which provides the reasons why a general counsel (whether in-house or outside retained) is a must for all companies by focusing on the functions performed by a general counsel. The article points out where and when...
The passage of the JOBS Act was huge news, both among legal practitioners and in publications aimed at the general public. However, just because the Act's passage was huge news does not mean that its provisions are operative; as this article...
The intellectual property created by a business and the various individuals working for it can be some of the most valuable assets of the business. However, as this article explains, ownership of that intellectual property is too often...
If you have a business with at least one partner, then a properly drafted Buy-Sell Agreement is necessary to address issues of relating to the potential exit of a business partner as well as an essential for estate planning. Without a...
A recent court decision by a judge in the influential Southern District of New York called into question the ability of fashion designers to use trademarks to protect distinctive colors in their trade dress. The case in question, the judge's...
Too often, when there is 50-50 ownership of a company, there can be a deadlock, and in many States, there are statutory remedies which give a judge little leeway but to order the dissolution of a company, and distribution of its assets. In this...
Although the newly-enacted JOBS bill will probably result in some changes in terms of a Company's ability to sell securities to unaccredited investors and to engage in general solicitation to accredited investors, here is a general primer...