Wednesday, October 24, 2012

Franchise Lawyer in Miami Discusses Different Types of Franchises

Fitness franchises can be very lucrative, particularly in outdoor-oriented regions like South Florida. In recent years, fitness franchises specifically catering to women have become especially popular. These businesses fill a consumer need very well, and when run properly, a fitness franchise can be a terrific business opportunity. If you're interested in a fitness franchise, one of your first business decisions should be enlisting the help of a franchise attorney.

Restaurant Franchises

The restaurant franchise is perhaps the most well-known type of franchise. Such franchises may be casual "sit-down" dining restaurants, fast food businesses, frozen yogurt shops, and many other variations. They can be tremendously successful in areas that are underserved by restaurants. Entering into a restaurant franchise requires hard work and a keen understanding of how franchises work. Your franchise lawyer in Miami can guide you so you can make the most of this type of opportunity.

Printing Franchises

We may live in the age of electronic communications, but printing franchises still fill important needs for hard copy document production and related services. These franchises may also offer other in-demand services like photo enlargement, printing of wedding invitations, and creation of signs and brochures. A South Florida franchise lawyer can help ensure the success of your printing business.

Real Estate Franchises

Real estate franchises are, if anything, more popular than they were before the 2008 housing crisis. This type of franchise offers the security of a large corporation while allowing Realtors to sell houses and make money. Your Miami franchise lawyer can help you understand what is required of you when you buy a real estate franchise, including your marketing options, non-compete agreements, and selling requirements.

Your Franchisee Attorney and You

Working with a franchisee attorney from the start is highly recommended. He or she should have experience with different types of franchises, including the type you're interested in. South Florida is a great place to start a business, and franchises are a way for people to have a degree of autonomy while working with brands that have national recognition. Your franchise lawyer can help you get your franchise off to the best possible start.

Wednesday, October 17, 2012

Overview of Licensing from a Licensing Lawyer

A licensor is someone who has an idea, invention, or design that he or she licenses to established businesses. When someone licenses an idea, invention, or design, the manufacturing of products, marketing, and sales are done by the licensee. The licensor receives royalties on sales of the product. While being a licensor minimizes risk, it generally results in a smaller financial return than if the licensor manufactured and sold products directly.

How Licensors Make Money from Licenses

Licensors make money from royalties paid by licensees. They can increase income by licensing to multiple licensees. For example, suppose you created an original graphic design and licensed it to a t-shirt maker. The t-shirt maker pays you royalties on all sales of t-shirts with your design on them. You could also license your design to other licensees, such as a licensee making coffee mugs.

What Is a Licensee?

A licensee sells products using the design, idea, or invention of another company. For example, a poster maker may obtain a license to use someone else's graphic design on posters. Every time one of those posters sells, the licensee pays a percentage of the net sales to the licensor. A licensee "borrows" interest in a unique invention or design in order to make money selling products that use that invention or design.

How Licensees Make Money from Licenses

When a licensee gains licensing rights, he or she manufactures products with that brand or design and sells them, paying a percentage of sales to the licensor, but retaining the rest of the net sales. For example, if you wanted to manufacture socks with a designer name, you would apply for licensing rights, and if successful, manufacture socks with the designer's name or logo on them, paying a percentage of sales to the designer.

The Role of the Licensing Firm

Working with a licensing firm is critical whether you're a licensor or licensee. A good licensing lawyer can save you from an expensive mistake, help you protect your intellectual property, or help you avoid a lawsuit over improper licensing. Working with a licensing attorney from the start is highly recommended for both licensees and licensors.

Monday, October 1, 2012

Experience Is Critical in Your Choice of a Business Litigation Lawyer

In theory, breach of contract is simple: one party did not live up to the terms of a contract to which he or she agreed. In practice, however, breach of contract cases can be extremely complicated and require the services of a skilled commercial litigation lawyer to settle. For the business owner, breach of contract cases are the most common causes of legal action, but you shouldn't trust your case to just any commercial litigation lawyer.

Partnership and LLC Member Disputes

Disputes involving partnerships and limited liability companies may be similar to breach of contract cases, but settling them often requires a business attorney with experience in mediating and litigating this specific kind of problem. Emotions can run high in partnership or LLC disputes, which is why it's important to work with an attorney who can work with the facts of the case.

Mergers and Acquisitions

Mergers and acquisitions can represent exciting opportunities, but to be done successfully, they must clearly spell out what happens to all parties after the transaction occurs. Sometimes stockholders object to terms of a merger, and in some cases acquisitions can be "hostile." A skilled and experienced legal team is vital to the success of a newly merged or acquired business.

Emergency Business Litigation Cases

With some business situations, parties must act quickly, and your commercial litigation attorney can make the difference between a clean and fair confrontation and a legal disaster. Sometimes cases arise where preliminary injunctions or temporary restraining orders are necessary, and you need a business attorney with the proven track record to represent your interests aggressively.

Does Your Business Litigation Lawyer Have a Proven Track Record?

When it's your business at stake, you don't want to rely on just any business litigationlawyer. Look for experience specific to your situation and look for someone with a proven track record of success. Ask specifically if an attorney has experience in construction disputes, real estate transactions, franchising, stockholder disputes or whatever type of legal problem you face. Business law can be tremendously complex, so you need legal counsel that has demonstrated skill in cases like yours.