Friday, June 29, 2012

How Can Franchise Lawyers Help You?

By Helping You Understand Your Franchise Contract Licensing law is at the heart of every franchise agreement, because the franchisee will be using trademarked logos and business names. When trade secrets are involved, contracts have to be written very carefully due to the differing degree of legal protection afforded to trade secrets compared to that for trademarks and patents. Franchise attorneys help their clients understand what is in a franchise agreement they want to enter into. By Advising You if You Have Legal Trouble Sometimes franchisors change the terms and conditions in their contracts, and these changes can cause problems for franchisees. For example, a simple change requiring franchises to locate in areas with commercial / retail zoning rather than commercial zoning can prompt franchisees in commercial zones to wonder if they need to relocate. Franchise lawyers help in such cases with negotiations or the obtaining of exceptions to new terms. By Helping in Cases of Franchisor Fraud Depending on which state a franchisee is located in, franchisees may have the right to sue franchisors if they believe the franchisor has acted fraudulently. In such cases, it is critical that plaintiffs have the counsel of experienced, skilled franchise attorneys to make sure their rights are protected and to give them the best chance of success in litigation. By Advising You on Exposure to Liability Before signing any franchise agreement, a potential franchisee should go over a franchise agreement with a franchise attorney and find out if he or she will be exposed to liability that may not be obvious. An experienced franchise lawyer will have an extensive understanding of case law involving franchises and can advise you to potential pitfalls of entering into a particular franchise agreement. By Saving You from Expensive Mistakes While franchising can be a terrific opportunity to run a business, it is absolutely essential that a franchisee understands potential consequences of certain business decisions. Unwittingly violating a part of a franchise agreement can be very expensive, and it is important not to take chances. Working with a franchise lawyer before there is a problem is the best way to prevent problems later.

Monday, June 11, 2012

When a Business Litigation Attorney is Your Best Choice

All Businesses Are Affected by Legal Issues You may think that you don't really need the services of a business litigation attorney because you run a small business that doesn't deal with things like hazardous jobs, complicated financing, or exposure to legal risk. But the truth is, any type of business can be affected by legal issues, and you don't want to be caught scrambling for legal representation after being presented with a lawsuit. Common Types of Business Lawsuits Lawsuits can arise from just about any type of business relationship. You could face a dispute over financing, or with a construction contractor when expanding your facilities. Other common types of business lawsuits include: • Intellectual property disputes • Franchise contract disagreements • Problems with bank financing • Liability after an on-premises accident Business lawsuits can be extremely complex, and it is essential that you choose a business litigation lawyer with extensive experience and outstanding skill. Business Law and Franchises Franchises are very popular with people who want to run a business without having to find venture capital. But franchise contracts are notoriously complex, and are generally written in favor of the franchisor. Franchisees often have little legal recourse over problems with their franchise. Therefore it's important for anyone who wants to own a franchise to discuss their enterprise with a business litigation lawyer before signing any contracts. Intellectual Property Law Today's business world lives and dies by intellectual property. Whether it's software licensing or lyrics to a corporate jingle, intellectual property law is growing in importance every day. It takes a highly skilled litigator to initiate or defend against intellectual property litigation. Don't settle for legal representation without the necessary skill and experience to deal with an intellectual property dispute. Before You Need Legal Counsel Clearly, the best time to find a litigation attorney is before you need one to defend you in a lawsuit. If you are considering going into business for yourself, make time to locate and speak with a business lawyer. He or she can advise you about exposure to risk in your particular business specialty and can advise you about any contracts you must enter into when you set up your business.

Monday, June 4, 2012

What Does a Licensing Lawyer Do?

They Write Up Licensing Agreements Intellectual property is more prominent in law today than ever before, and intellectual property lawyers are in high demand. If you should, for example, create an image that becomes very popular and then receive requests for using that image on merchandise (such as on a t-shirt or coffee mug), a licensing lawyer can help you create a licensing agreement that protects your rights and allows others to obtain a license to use your image. They Help Clients Understand Licensing Agreement Terms Licensing agreements are hard to understand for most people. If you have tried to decipher a software licensing agreement, you know how complicated they can be. When using licensed items in your business, you need to ensure you do not violate the license agreement, and a licensing attorney can explain to you in plain terms what you can and cannot do legally. They Interpret Intellectual Property Law Intellectual property law is constantly being interpreted in courts, and lawyers on both sides of intellectual property disputes argue before the court about what does and does not constitute fair use of intellectual property. You may not think that this is relevant to your business, but sometimes businesses violate intellectual property law without realizing it, and a licensing attorney helps them know what to do next. They Help Clients Know when a License is Necessary Sometimes it isn't clear when a license is needed. If, for instance, you want to create clothing with a particular saying or image on it, you have to be careful that your design does not encroach on someone else's intellectual property. A lawyer with experience in interpreting licenses and intellectual property law can help you prevent an expensive mistake by advising you about your new product. They Help Clients Who Want to Obtain a Patent If you invent something and want to patent it, a license attorney can help you take the steps you need to obtain your patent. Patent law is also extremely complex, and it's not easy for inventors to go it alone. Licensing law helps you protect your inventions and gives you legal recourse if you should discover that someone has stolen your idea and profited from it.