Business Owner Patent Due Diligence

Often filing for patents are a part of business formation or expansion. A patent is a property right granted by the United States Patent and Trademark Office, to an individual, in order to protect a specific invention for approximately 20 years. As a legally enforceable status, proper due diligence is required to ensure a previously existing patent would not be infringed upon by a new one. Recently, The National Law Review discussed due diligence and how best to conduct research on existing patents.

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Alleged Transgender Discrimination Charges Filed with the EEOC Dismissed

The Suffolk Times reported that in June, 2015 a North Fork winery was named in a lawsuit for alleged employment discrimination against a transgendered man who worked in the Manhattan store location. The plaintiff claims that he was discriminated against based on being a transgendered male, and that his superiors spoke to him in a disrespectful manner, reduced his hours, assigned him to “menial tasks,” and eventually let him go citing downsizing, while still continually hiring new staff.

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Justice Scalia and the Business Law World

The death of U.S. Supreme Court Justice Antonin Scalia has sparked conversations about how his opinions affected major areas of business law.

Justice Scalia left what some call a “business law legacy.” Some of his more important opinions include Morrison v. National Australia Bank, Wal-Mart Stores v. Dukes, AT&T Mobility v. Concepcion, and American Express v. Italian Colors Restaurant. These cases had major impacts on business law and litigation.

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Department of Labor Seeking to Make Attorney-Client Communication Regarding Labor Unions Public

There are many complexities when starting a business, such as proper incorporation, complying with codes and regulations, accounting issues, and if there are employees, employment issues dependent on the number of workers. Seeking legal advice from an experienced business attorney is essential to adhering to proper laws and regulations.

One challenge in starting a business with multiple employees is the possible issue of labor unions. Labor unions have representatives who are well versed in how to organize workers, and know the ins and outs of labor law. The Department of Labor has regulations business owners must abide by, especially if the business owner is engaging in “persuader” activities.

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The Commercial Mortgage Modification

Case Study: The following represents an actual commercial mortgage modification matter in which James E. Clark served as counsel.  Names of parties and other identifying information has been changed to protect the confidences of the parties.  The following represents a sampling of the type of work Mr. Clark has done in the past and in no way serves as a representation of any outcome in any other situation.  The following is for educational purposes only. Continue reading “The Commercial Mortgage Modification”

The New Business Venture: Entity Formation, Partnership Agreement, Negotiate Lease

Case Study: The following represents an actual matter in which James E. Clark served as counsel.  Names of parties and other identifying information has been changed to protect the identity and confidences of the parties.  The following represents a sampling of the type of work Mr. Clark has done in the past and in no way serves as a representation of any outcome in any other situation.  The following is for educational purposes only. Continue reading “The New Business Venture: Entity Formation, Partnership Agreement, Negotiate Lease”

When One Size Does NOT Fit All for Business Start Up

Square Peg in a Round Hole

Sure there are some times when one size can fit all. Tents, for example. Bathrobes. Umbrellas. But when it comes to starting a business, it really doesn’t work that way.

If you’re a restaurant, or a dry cleaner, or some other kind of business that requires people to walk in your front door all the time, location is the most important consideration.

But what if you’re a wholesaler of electronic parts? If your marketing plan or sales force are good enough, you can be anywhere. Continue reading “When One Size Does NOT Fit All for Business Start Up”

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