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July 2016 Archives

What is patent infringement?

Business owners in Georgia such as yourself may have patents for certain items that are integral to your specific business. Whether this is the design for a product, equipment, or anything else, we at Kaufman & Forman, P.C., understand that you need to protect your ideas from patent infringement.

What is a trade secret?

As a Georgian entrepreneur, you have a lot of unique ideas, innovative plans and ground-breaking technology that you want to use to change your field of work. You have likely also heard of the term trade secrets before, but what exactly are they?

Is a merger right for you?

When looking at the future of your business, what do you see? Something bigger than what you have now? You may wish to look into expansions somewhere along the road, and this is where the potential option of merging with other businesses comes into play.

Hyperloop One in-fighting could damage company reputation

Pressure, whether external or internal, will always go hand-in-hand with running a business. Issues that come from outside forces – customers, competitors and the changing tide of the economy – can be responsible for a lot of damage. However, Georgian business owners should also be aware of the issues that can spawn from the inside of their company, including arguments related to unfairness.

How to handle a security breach

Sometimes, even the best preparation can’t keep all aspects of a business safe. Whether through small mistakes or oversights, there is always the possibility of information being leaked or security being compromised. Business owners will need to know how to act in these cases, and must be able to do so quickly.

What employers should know about non-competes

A company's viability and profitability is tied to its ability to compete in the marketplace. Non-competition agreements and restrictive covenants are designed to help employers keep their edge by protecting trade secrets, client lists and other non-tangible assets. They also hopefully discourage talented employees from leaving to work for a direct competitor.

Are you preparing to fight wage and hour claims?

As a business owner in Georgia, you will have to run a tight ship. However, even the most finely controlled environment can still leave room for mistakes, because having employees introduces an unknown element that you cannot fully control. We at Kaufman & Forman, P.C., understand this and wish to help you protect yourself from false wage and hour claims.

Taxation options for LLCs

The decision of how to incorporate when beginning a new business venture is one that can set you up for success or frustration out of the gate. You may create unforeseen problems if the choice is made without careful consideration of the differences between the various business types and their respective strengths and obligations. Limited liability corporations (LLCs) have significant advantages in taxation flexibility, depending on factors in the individual business that is considering incorporating.

Avoiding contract disputes involving early termination

There are many different kinds of contract disputes that can arise in the course of doing business, and many of them involve disagreements about an unexpected early termination. Making sure that your businesses employment contracts are well-crafted and feature precise, airtight language regarding early termination can save your business much lost time and resources.

When to elect for S-corporation treatment as an LLC

The big idea you had in your garage is finally a real business, and a successful one at that. Your business is operating at optimal efficiency and has been growing faster than you anticipated. When you were in the business formation phase, it made the most sense for your particular business to incorporate as an LLC, but now you are being advised by your friends who’ve founded their own businesses that you are missing out on big savings by not electing to be treated as an S-corporation. It is possible that now is the time to take this step, but beware -- electing for S-corporation treatment before your business is truly ready for it can result in costly consequences.

The value of an airtight employment contract

Contract disputes can arise in many ways throughout the regular course of business, and sometimes employers can unwittingly breach an employee’s contract and leave themselves exposed to breach-of-contract suits or find themselves unable to enforce non-disclosure agreements and other post-termination terms of a contract. An airtight employment contract built with an employer’s particular needs in mind and aware of potential enforcement pitfalls is an essential part of a business’s toolbox.

The necessity of defining a franchise territory

Expanding your successful business into a franchise is a common way to grow a great idea. While franchising can be a financial windfall to both the franchisor and the franchisee under the right circumstances, many franchisors fail to properly define the territory they will serve. Too large or too small a territory, or crowding a given market with too many franchise locations to be supported, can be lethal to a franchise that may otherwise flourish.

Branding importance for a new franchisor

Franchising is an enticing option for successful entrepreneurs for many reasons, but often it can seem like a Herculean task to expand your home-grown empire and scale up to larger markets. With great rewards and sometimes even greater risks, doing the legwork of establishing a clear and effective brand, and understanding how to spread it around effectively, can make or break a new franchisor.

Rehiring a terminated employee and nondisclosure agreements

Sometimes in the course of business, it is beneficial or necessary to rehire an employee who has previously been terminated. This can be complicated for a number of reasons, and the new employment contract should receive the same attention and scrutiny that a contract for a new employee would. One common oversight that can lead to difficulties later on is inattention to executing a new non-disclosure agreement, or NDA, as part of the new contact.

Protecting against claims which cannot be waived

When preparing for the often difficult process of terminating one or several employees, having a top-notch severance agreement can save your company endless post-termination headaches and frustrating lost time and resources. There are many components of a well-crafted severance agreement, and one of the most important is intentional language which will minimize the possibility of post-termination suits due to claims that cannot legally be waived.

What is a limited partnership?

A Georgian business owner like yourself may be interested in many different types of partnerships. Fortunately for you, there are several types available for your perusal, so you can choose which one works best for the situation you’re in or the result that you’re aiming for.

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Robert Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the May issue of The American Lawyer & Corporate Counsel magazine.Alex Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the December issue of The American Lawyer & Corporate Counsel magazine.

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