Understanding contracts.  What is a contract?

GET IT IN WRITING . . . BEFORE YOU COMMIT YOUR VALUABLE MONEY, TIME AND EFFORTS.

A contract is a promise or set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.

Risk. The biggest risk is not having a signed comprehensive contract; the second biggest risks, is in not fully understanding your contract.

Website Compliance

One of the first things new businesses do, typically is, create a website.  Business owners should understand that it is important to have proper web site content including, appropriate terms of use, privacy policy and copyright notices.

This content protects your rights, as well as, provides for compliance with laws such as the Digital Millennium Copyright Act, etc.

Some examples are as follows:

a. Privacy Policies, amongst other things, often give notice with regard to what you will and will not be doing with the information of visitors to the site.

b. Clear and comprehensive Return Policy pages are essential for retail sites.

c. Terms of Use often include provisions that protect your intellectual property rights.

Make sure you do it right the first time and avoid costly remedial measures later.  Discuss your business with a competent experienced Boston business lawyer or Maine business lawyer to determine what policies and provisions would be best to include in your web site.

Related Articles:

Business Checklist 1

Trademarks and Trademark Registration

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Click here to schedule a consultation with a Boston business lawyer and Maine business lawyer.

Understanding the Letter of Credit

     One of the biggest risks in using a Letter of Credit, is not fully understanding the terms.  Clarification can be obtained easily, with proper counsel.

Understanding Business Agreements for Small Businesses and Executives

Experienced Business Lawyer, Michelle DelMar, helps businesses protect their investment, with a variety of contracts, agreements, advice and representation.  Attorney DelMar will provide you with a Free Consultation, with suggestions and recommendations related to your business goals and corresponding legal issues.  Following the consultation, you will receive a free summary of issues with recommendations.

Trademark Lawyer Blog, Part 1

What are Trademarks, Copyrights and Patents?

What are the differences between Trademarks, Copyrights and Patents?

PROTECT YOUR INTELLECTUAL PROPERTY RIGHTS

Intellectual property (for example, trademarks, written materials, recipes, etc.) can be a company's most valuable asset and the acquisition, transfer, license or right to use such intellectual property is often an essential element in many business transactions.  Recently, lenders, investors and financial institutions have considered and requested intellectual property assets as collateral to secure company obligations and financing.

Business Resources

Knowledge + Informed Decisions + Proper Implementation = Business Success
Federal Trade Commission Office of Competition

Registering your business. What permits or licenses apply?

    Non-compliance with certificate and permitting laws and regulations can be costly, monetarily and through exposure to liability.  Attorney Grenier can assist you in determining which business certificates, permits and/or licenses will be necessary to operate your business and assist you in the legal aspects of applying for and obtaining the same, so that you can focus on your business matters that need to addressed.
Want to discuss your business issues?

Private School Law

In addition to the issues presented on the New Business Checklists, private schools should consider additional legal issues that relate to their business, for example:

Discuss your business goals and issues with a Small Business Lawyer and Trademark Attorney.

100% Business Law . . . 100% of the Time.

How can I obtain information for Starting a Small Business? Information for Small Businesses

How Can I Learn about Business Agreements? Understanding Business Agreements

How can I obtain a Checklist for My Small Business Issue? Small Business Checklists

Where can I find a articles related to Small Business Law? Go to "Ask a Small Business Lawyer Blog"

Click here to Schedule a Consultation with Michelle Grenier, Small Business Lawyer and Trademark Attorney.

Non Compete Agreement Checklist

Non compete agreements are often a part of (or clause within) a broader agreement, e.g. an independent contractor agreement, employment agreement, confidentiality agreement distributorship agreement, etc.  The following is a helpful non-exclusive checklist for a non-compete clause.

• Describe the consideration provided (e.g., salary, payment, disclosure, etc.). 
• Describe restrictive time period (must be reasonable and enforceable).
• Describe geographical scope of restriction. 
• Describe scope of restricted activities, e.g.  "employee will not  . . . 

          1. contact or solicit customers                      

          2. discourage customers

          3. participate in, restricted activities, e.g.  engage in business that competes, etc.

• Require attorneys fees and cost be paid in event of breach of
  Non Compete Agreement. 
• Provide for injunctive remedy, in addition to other remedies in event of breach of Non Compete Contract.

    Note, non-circumvention provisions may also be appropriate in certain circumstances.

Related Info and Checklists:

Non-Compete Agreement

Confidentiality Agreement

Distributor Agreement