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March 2019 Archives

When business partnerships break up

If you and your Georgia business partners do not see eye to eye anymore and you seem to spend more time arguing than selling your product, you may be headed for a partnership break-up. If you are, you likely will find the process similar to the break-up of a marriage. In fact, it may surprise you to learn that business partnerships stand a 20-30 percent higher likelihood of breaking up than do marriages.

FLSA and valid arbitration agreements

One of the biggest questions regarding Fair Labor and Standards Act’s (FLSA) collective actions and valid arbitration may have been answered by the U.S. Court of Appeals for the Fifth Circuit Court. This ruling, the first of its kind, determined that district courts should not send notice of a collective action to employees with arbitration agreements that are valid. The exception to this rule is when there is nothing in the agreement that would prohibit the employee from participating in a collective action.

Protecting trade secrets makes them trade secrets

A federal judge in Chicago recently gave a stinging reminder to businesses that they need to protect their trade secrets. Judge John R. Thorp issued a thorough opinion on Abrasic 90 Inc., d/b/a CGW Camel Grinding Wheels, USA v. Weldcote Metals, Inc., Joseph O’Mera and Colleen Cervencik, even giving the pointers to the losing side about why they lost.

Is there legal recourse for bad online reviews

It used to be that businesses, particularly small businesses, counted on strong word of mouth recommendations to get the word out about products and services. These days, however, reviews from online media platforms Yelp and Foursquare are where consumers go to get recommendations. This can translate into more business when the reviews are consistently positive, but many small businesses can struggle if one bad review keeps showing up. The frustrating part for many businesses is that the review may not even be accurate, or the owner took the criticism to heart and addressed the issue long ago.

Employees exercising power on moral grounds

The traditional power structure in a company seems to be one of two different approaches. There is the top-down method where the boss or board is in charge, and there is the bottom-up structure where unions or groups of employees exercise certain powers. In the era of open office plans and flat management structures, the latter approach seems to be gaining momentum, particularly in the tech industry where innovation, speed, coordination and communication are prized.

Tips for protecting trade secrets

Trade secrets can be in the form of a formula, device, process or information that is used by a business to earn income or generate value. The Uniform Trade Secrets Act defines trade secrets as pieces of information that have value because they are not well known and can be reasonably maintained as a secret. It is nearly always in the best interests of a business to protect trade secrets, but it is easier said than done. Here are some helpful tips to start the conversation about protecting a business’s trade secrets:

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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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