Ask a Business Lawyer Blog

When establishing a Limited Liability Company (LLC), it is important to obtain an Operating Agreement that is clear, concise and consistent with the goals and expectations of the founders.  It is also important to note that some jurisdictions require an Operating Agreement for an LLC to exist. 

Maine’s New LLC Act: A Double-edged Sword

What Businesses Should Know About Maine’s New LLC Act.

I. Maine’s new LLC Act, generally.  Maine's new LLC Act, effective July 1, 2011, is a doubled-edged sword, providing advantages for some businesses and disadvantages for other businesses.

A.   For example, businesses entering certain joint venture deals, will benefit from the new LLC Act.

Starting a business can feel overwhelming at times. The proper guidance and support can help you gain a better perspective and organize the necessary steps.  Below is a checklist of various issues to consider when starting a new business.

How can I stay out of the “Franchise Box” when licensing my trademark [the mark]?

JOINT VENTURE AGREEMENT CHECKLIST

     Do I need an Employee Handbook?  What difference will an Employee Handbook make?

Business For Sale versus Lease Assignment for Sale

Whether you are the Buyer or Seller, when considering the purchase or sale of a business, it is essential that you understand options that are available and in alignment with your goals.  For example, if the location of the "Business For Sale" is a key component to sale, consider that a Commercial Lease Assignment may be preferred over a full Business Purchase and Sale Agreement (whether for assets and/or stock).  

Trademark Registration Benefits

• A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in association with the goods/services set forth in your registration;
• The ability to bring an action concerning the mark in federal court;
• The right to use the federal registration symbol ®;
• Public notice of your claim of ownership of the mark;
• The use of the U.S. registration as a basis to obtain registration in foreign countries;
• The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;  and
• Listing in the United States Patent and Trademark Office’s online databases

How Long Do Trademark Registration Rights Last?

    One common question regarding trademark rights, is "how long do the trademark rights last?" 

     The number of employers utilizing noncompete agreements is growing rapidly.  This is due, in part, to the heightened awareness of the value of trade secrets and confidential information, and the risk of losing the same to competitors.  A well written noncompete agreement will require employees (and/or partners) to refrain from competing and working for competitors for a certain period following employment.  This article addresses issues that should be considered when deciding whether to require the signing of noncompete agreements and how to utilize and creat non-compete agreements.

     As a business lawyer, I often receive inquiries from home based businesses and business startups asking, “can I designate a post office box or mailbox service provider address as my "Principle Place of Business" and/or my "Registered Office," for a state LLC certificate or corporate articles filings?"