Your Intellectual Property Lawyer Understands the Evolving IP Law Environment

Business law in general is complex, but intellectual property cases can be among the most complex. Your intellectual property attorney has to stay on top of an ever-changing landscape of case law and rulings. The advent of the internet has made intellectual property law more complex than it used to be, often crossing international borders and involving very specific legal concepts. At Zarco Einhorn Salkowski & Brito, P.A. we have the expertise to address these challenges.

Protecting Your Copyrights, Trademarks, and Patents

Whether you write software, do graphic design, or invent products, it is critical that you protect your intellectual property from the start. If you are starting your own business, meeting with an intellectual property attorney is a good investment. He or she can advise you on how to go about protecting copyrights, trademarks, or patents at every step of the creative process.

Helping You Avoid Intellectual Property Law Violations

If you import products from overseas, you can still be subject to United States intellectual property laws. For example, a 2011 Federal Circuit Court ruling declared that importing products that were made using U.S. intellectual property and manufactured using misappropriated trade secrets is illegal, even though the manufacturing took place entirely in another country. Your intellectual property lawyer can help you avoid such situations.

Understanding Intellectual Property in Franchise Law

Franchise law and trademark law often meet up because of the prominent place that trademarks take in franchise sales. If you are interested in buying a franchise or selling one, make sure your lawyer has a keen understanding of how trademark and intellectual property law in general affect the franchising process and disputes that can arise between franchisors and franchisees.

The Time to Meet an Intellectual Property Lawyer Is Before You Need One

If you as an individual or your company deal with intellectual property, you're smart to speak with an attorney specializing in intellectual property sooner rather than later. At Zarco Einhorn Salkowski & Brito, P.A., we have the experience necessary to help you protect your intellectual property and avoid violating intellectual property laws.

Your Business Needs a Good Relationship with a Commercial Litigation Lawyer

As soon as you start a business, you should develop a working relationship with an experienced commercial litigation attorney. Sometimes what seems like a very straightforward disagreement, such as a breach of terms of a contract, can actually be very complicated. Trying to find a good lawyer once you have a problem adds stress to an already difficult situation.

What if You Get a Letter from the Securities and Exchange Commission?

Getting a letter from the Securities and Exchange Commission (SEC) produces the kind of stress the individual experiences upon getting a letter from the IRS. It's important that your commercial litigation lawyer understands the latest information on how the SEC is handling investigations. This prevents unnecessary stress while allowing him or her to address their requests. When the SEC comes knocking, it's a good idea to go ahead and call your lawyer.

Is Your Franchisor Trying to Terminate Your Franchise?

Sometimes franchisors try to terminate franchise agreements illegally. There are very specific rules about when and how franchisors can terminate agreements, and if your franchisor tries to shut you down, you need to know if any of those rules have been violated. This is a job for your lawyer specializing in business litigation.

Are Your Products Labeled Properly?

Improperly labeled products - particularly food products - can trigger class action lawsuits and can tarnish a brand's reputation. Your commercial litigation lawyer can advise you on how to make sure your products are properly labeled and what to do if someone alleges that you have mislabeled products.

Confidentiality in Court Proceedings

Federal courts may enter into confidentiality orders in some cases, and state courts are starting to incorporate these practices as well. Such orders can be extremely important should a privileged document accidentally be released. Your trade secrets are among your most valuable business assets. Make sure your business litigation attorney understands fully the importance of protecting your intellectual assets if court proceedings become necessary. At Zarco Einhorn Salkowski & Brito, P.A. we have the experience necessary to protect your business and defend it if it is the target of litigation.

Contact a Franchise Law Firm before Choosing a Franchise to Purchase

Buying a franchise is a very popular way to go into business for yourself, because you start out with a proven business concept. Many franchise owners have been very successful after putting in the hard work that goes along with running any business. But as with all business enterprises there are risks. At Zarco Einhorn Salkowski & Brito, P.A., we have the franchise attorneys with the experience you need to start your franchise off right.

Franchisors Protect Their Rights and You Should Too

Franchisors have certain interests, and they invest in legal expertise to protect those interests. While they can't make franchise terms so one-sided that no franchisee will buy, they do make it a necessity for franchisees to work with franchise attorneys in order to protect their own interests. Working with a franchise attorney from the start is wise.

When Can Franchisors Terminate an Agreement?

Franchisors can't just terminate a franchise agreement because they want to. However, sometimes franchisors interpret franchise agreements in ways that make you believe they're legally terminating your agreement when in fact they are not. An experienced franchise attorney understands the ways that franchisors sometimes try to terminate agreements illegally and how you can defend yourself against these actions.

Illegal Franchise Termination

Franchisors have been known to make things difficult for certain franchisees, hoping they will not renew their franchise agreement. This allows franchisors to snap up ailing franchises and profit from them after the franchisee has put in a lot of hard work. If you believe your franchisor has tried or is trying to illegally terminate your franchise agreement, contact a franchise law firm to discuss your situation.

Know Your Rights as a Franchisee

Owning a franchise can be a dream come true. Being a franchisee involves hard work, but there is great potential for success. As the purchaser of a franchise, you have certain rights, and it's critical that you know what those rights are and how to protect them. At Zarco Einhorn Salkowski & Brito, P.A., we can help you get your career as a franchise owner off to the best possible start.

Business Litigation Lawyer Discusses Alternatives to Lawsuits

Alternative dispute resolution, or ADR, is a method for parties to a disagreement to settle the dispute without filing suit, and with the help of a neutral third party. While it is not right for every disagreement, a business litigation lawyer like the ones at Zarco Einhorn Salkowski & Brito, P.A. can advise you as to whether ADR is appropriate in your situation.

What Is Mediation?

Mediation of a business dispute requires a neutral mediator to work with each party to reach a settlement that everyone can agree on. However, if the parties do not agree upon a settlement, the mediator does not have the authority necessary to impose an agreement. Mediation is a non-binding process. As opposed to trials, which are public, mediation is confidential and private. It is almost always less expensive than a trial.

What Is Arbitration?

With arbitration, an arbitrator acts as judge, evaluating evidence and making a binding decision. Arbitration is more formal than mediation, and the arbitrator is appointed by agreement from the parties to the dispute. With arbitration, rules of evidence differ from rules of evidence in trials. Arbitration generally takes less time than a trial and costs less. Unless provision for an appeal is included in an arbitration clause, there is no appeal option.

What Are the Advantages of ADR?

A commercial litigation attorney can advise you if ADR is to your advantage in a business dispute. Advantages of ADR include:

• Multi-party dispute suitability
• Generally less time and money is required
• Confidentiality
• Better preservation of reputation
• Practical resolutions can be tailored to parties' needs

What Should I Do in the Event of a Business Dispute?

If you find yourself involved with a business-related dispute, your first step should be consulting with an experienced commercial litigation attorney like the ones at Zarco Einhorn Salkowski & Brito, P.A. In some cases ADR is the best way to proceed, but that is by no means true in all cases. Business litigation in the court system is sometimes the best way to solve a business dispute, and in these cases it is critical that you have outstanding legal counsel.

Franchise Lawyer Guides Franchisees Through Florida Franchise Process

Opening a franchise allows you to use a proven business model, and for this reason alone franchises are popular. When buying a franchise, you should have reasonable expectations about the franchisor's profitability record, procedures, and ease of duplication of the business model. Costs should be laid out in the all-important Franchise Disclosure Document (FDD). A franchise lawyer like those at Zarco Einhorn Salkowski & Brito, P.A. can help you understand the FDD.

Franchisors Not Necessarily Protected by Franchise Disclosure Document

FDDs typically disclaim promises of profitability. These documents are worded carefully to avoid promises of profitability in general and related to specific circumstances of the franchise sale. The FDD, however, is not a perfect shield for protecting franchisors from franchisee claims if the franchise is unsuccessful. This is particularly true if the franchisor gives financial performance representations that are not included in the FDD.

Fraud Harder to Prove than Violation of Florida Franchise Act

If a franchisor, outside the FDD, makes representations about profitability and the franchisee relies on the franchisor's words or conduct about profitability, the franchisee could prove a violation of Florida's Franchise Act if he or she suffered financially based on the representations. Proving fraud requires an intentional false statement on the part of the franchisor and is more difficult to prove.

Buying from a New Franchisor

If you want to buy a franchise from a relatively new franchisor, working with a franchise law firm like Zarco Einhorn Salkowski & Brito, P.A. is a good idea. Disclaimers concerning guarantees of profitability or warranties do not necessarily successfully fend off claims by failed franchisees when the franchisor makes negligent misrepresentations. If you are considering buying from a franchisor without a lengthy track record, you should work with a franchise attorney to help you protect your interests.

Financial Performance Representations Are Key

Experienced franchisors know that any financial performance representations such as projections are risky. Franchisors can be held personally responsible for misrepresentations if there is no basis in fact for financial representations. Experienced franchisors protect themselves legally, and every potential franchisee should do the same by working with a franchise law firm from the very beginning.

Intellectual Property Attorney Lists Common IP Mistakes

If you're building a start-up company you are rightfully excited about your venture. Don't make the mistake of putting off intellectual property concerns until later. Without paying attention to your company's intellectual property, you could inadvertently cause growth of your business to slow or stop. An intellectual property lawyer like those at Zarco Einhorn Salkowski & Brito, P.A. can be an invaluable ally in protecting your hard work.

Originating an Idea Is Not the Same as Owning It

If you are considering starting your own business and are currently employed, do not use employer resources like computers, fax machines, or photocopiers, in the development of any ideas that could become protected intellectual property. Doing so could give your employer reason to assert rights to that intellectual property. Even an unrelated new venture could prompt action from a former employer and their business litigation attorney.

Securing Rights from Contractors Is Critical

Use of contractors and outsourcing is the norm today, and it is essential that you proceed with contractors only after having an agreement addressing intellectual property rights. Without this type of agreement, technology developed by your contractor could result in a dispute over intellectual property ownership and a call from a business litigation attorney. Having an intellectual property attorney create an IP agreement for contractors is a very wise move.

Premature Disclosure Can Jeopardize IP Rights

It is only natural that you are eager to announce your ideas. But without careful planning, a public announcement could hinder your ability to secure some intellectual property rights. As just one example, disclosure of confidential information could jeopardize trade secret rights, and public disclosure of an invention could result in loss of patent rights outside the United States.

Not Staying on Top of IP Issues Can Cause Big Problems

While inventing and creating are exciting, intellectual property law often is not. But it is critical to the success of your business that you invest in counsel on intellectual property rights with an IP law firm like Zarco Einhorn Salkowski & Brito, P.A. Ignoring mounting IP issues can cause problems with loss of rights and missed opportunities.

USA Franchise Lawyer Gives Brief Overview of Buying a Franchise

The USA franchise lawyer has to have broad knowledge of franchise laws in different states and how they affect people who want to buy or sell a franchise. If you are considering going into business by buying a franchise, working with a franchise lawyer from the
beginning will help you understand the many responsibilities you will have as a franchise owner, and can prevent costly mistakes.

Capital Investment and Your Interests Are Key

Before choosing a franchise, you must fully understand what level of capital investment you can make. The cost of buying a franchise varies tremendously, and you want a franchise that is reasonable for your financial situation. Also, you should choose a franchise that speaks to your interests. You will be spending considerable time running your franchise, so it's important that you choose one that aligns as well as possible with what you like to do.

The Franchise Application

When you choose a franchise, you will have to complete a franchise application, which may ask for credit and background information and see if you meet criteria set forth by the franchisor. Franchisors must provide potential franchisees a Uniform Franchise Offering Circular (UFOC) containing information about the franchise's history, finances, contracts, and requirements. Having a franchise lawyer review the UFOC with you is wise.

Franchisor Standards of Conduct

Franchisors are required under the law to act fairly and "with good cause." They must follow standards in the event of termination, non-renewal and changes in competitive circumstances. The specifics of these laws vary from state to state, and that is another reason to work with a franchise lawyer starting as soon as you decide to buy a franchise.

Why It's Smart to Check out Franchisee Law Firms

Franchisee law firms help potential franchise owners understand their obligations and requirements in order to buy a franchise. They can explain confusing terms in the UFOC and make sure you understand any and all contracts you sign with a franchisor. And, should the franchisor try to terminate your franchise improperly, your franchise lawyer will have your back and help you ensure you exhaust all avenues of recourse.