Client Testimonials Businesses of all kinds and sizes rely on a website as a primary marketing tool, and web-savvy business owners (and their SEO consultants) place a high value on customer and client testimonials. A positive testimonial is a powerful validator because it is a “peer to peer” communication recounting a first-hand experience. Testimonials with photos or […]
The Difference Between Mediation and Arbitration
Contracts containing provisions requiring the mediation and/or arbitration of disputes are more common than not, driven largely by the time and expense required to resolve disputes through litigation. As a mechanism for the resolution of contract disputes, litigation is expensive and time-consuming. It can take years for a legal action to work its way through […]
Non-Compete Agreements
In today’s hyper competitive business environment, clients often ask whether they should require employees to sign non-compete agreements. The short answer is “It depends”. Whether a non-compete agreement is indicated depends on the nature of the business, the level of the employee’s knowledge, expertise and compensation, as well as the extent of the employer’s investment […]
LLCs and IRS Form W-9
Quite a few of my clients are independent contractors. They are consultants, musicians or artists, or have formed LLC’s for the purpose of organizing a service business. When they land their first engagement or contract to provide services, or sell a song or artwork, often the first question they ask is “How do I complete […]
Misclassification of Workers / Employment Law
Companies large and small continuously seek ways to manage and control expenses. Business owners often focus on payroll expense because it is, for many businesses, one of the largest expense items. Replacing employees with independent contractors is one way to reduce payroll expense, but it is not without risk. The Internal Revenue Service uses a […]
Hobby Lobby and the Law of Unintended Consequences
In Burwell v. Hobby Lobby Stores 573 U.S. __ (2014), the Supreme Court took a whack at the Affordable Care Act, a/k/a “Obamacare”, and gave new force to the argument that “corporations are people”. In a nutshell, Burwell stands for the proposition that, where the religious beliefs of the owners of a corporation are “tightly […]
Protecting Trade Secrets and Confidential Information.
Businesses often rely on non-compete agreements to protect trade secrets and confidential information, but these agreements may not be the most effective tool. California and North Dakota prohibit the use of non-competes for employees except in very limited situations, and Massachusetts may join them. The basis of the prohibition is that non-competes limit innovation by […]
Copyright and Trademark Symbols
Clients often ask about the symbols used to denote copyrights and trademarks, and when their use is appropriate. I will use my knowledge in trademark law and as an intellectual property lawyer to explain and expand on this topic. What exactly is a Copyright? “Copyright” is the exclusive right to use and reproduce an original […]
Why are Contracts Important in Business Transactions?
If you run a business, your business depends on all kinds of relationships: With customers or clients; with employees; with vendors of goods and services; with lenders and landlords, just to name a few. Each party to a business relationship brings to it a set of expectations with respect to what he or she will […]
Social Media/Employment Law
Social Media
Good News and Bad News for Employers
Social media enables its users to transform the mere communication of information into an interactive dialogue. The ease with which employees can connect and interact by using web-based platforms has spurred creativity and boosted productivity, and that is good news for employers.
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