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.