What Belongs in an LLC Operating Agreement? (Part 1 of 3)

This is part one of a three-part series on what does and doesn’t belong in a written LLC operating agreement. Most people know that when individuals decide to conduct business through a limited liability company (LLC), they should have a written operating agreement. (If you are an LLC owner and didn’t know that, now you know!) A lot of confusion remains, however, about what sorts of terms the operating agreement ... Read More

Why Are There So Many Weird Words in My Contract?

There is a group of words that have nearly vanished from the English language, yet continue to exist in legal contracts. There are a few reasons for this.   First, lawyers generally are slow to change.  They tend to do things the way they were taught and rarely innovate - especially when it comes to drafting contracts.  Re-using old language is an easier and safer and less risky approach to building a legal ... Read More

Funding your Business through a Commercial Loan

If your business needs an infusion of capital, one option worth exploring is a commercial loan.  A commercial loan is a loan that comes from a financial institution - usually a bank. I have found that clients often don’t know what to expect from the commercial loan process. If your business is considering borrowing money from a bank, the information below will help prepare you for the journey you’re about to ... Read More

Being the Best Entrepreneur you can Be

One question I am asked frequently by clients is how to attract investors. I typically respond by saying that every situation is different and each business faces its own unique challenges. On the other hand, I have observed over the years that there are certain traits that are common among successful entrepreneurs. If you want to be the best entrepreneur you can be and give yourself the best opportunity to attract ... Read More

Advantages to Crowdsourcing

In recent years, crowdsourcing has become an accepted approach for leveraging the “wisdom of the crowd”. Perhaps one of the best examples of crowdsourcing is Wikipedia. Traditional encyclopedia companies used to employ hundreds of people to research a vast range of topics. Wikipedia has managed to put together a much larger online encyclopedia by harnessing the power of crowdsourcing. In Wikipedia’s case, this ... Read More

What is an Entertainment Lawyer and When Might You Need One?

Historically, behind every successful entertainer was a good entertainment lawyer. Composers, recording artists, actors, performers - just about anyone who was creative and successful - typically had an association with an experienced entertainment lawyer. The role of entertainment lawyers has changed over the years, but they still play an important role in the long-term success of entertainers.  Here are some of the ... Read More

The 4 Essential Elements of a Copyright Notice

You have likely seen thousands of copyright notices on printed publications, websites, TV shows, and movies. Have you wondered why they are used and what they mean? And more importantly, if you are a copyright owner, Must you (or should you) display a copyright notice on your work? A typical copyright notice contains the following four elements: 1) The word “Copyright” or the symbol ©; 2) the year of ... Read More

The Types of Damages Available for Patent Infringement

If patent infringement can be proven, the damages that can flow to the wronged party are varied and nuanced. Given the high stakes in patent litigation, both in the amounts spent by the parties in litigating the action and the investment of the original party in developing the patent, it’s not surprising that the damages available in these lawsuits may be considerable. Profits Lost: One commonly sought form of ... Read More

An Introduction to Patents

Patented inventions are all around us: in the computers we use, the cars we drive—even your drinkware may be patented. Wherever you are reading this, it is likely you can look around and spot dozens of items that are covered by one or more patents. What is a patent? The US Constitution tells us that a patent is the right of an inventor to the exclusive benefits of their invention for a limited time. From such a ... Read More

4 Essential Elements of Every Trademark Licensing Agreement

A popular way to monetize trademarks is to license their use to others. For example, franchises work this way by granting the franchisee the license to use the marks of the brand owner in the franchisee’s business. Licensing also comes into play when a business’s assets are sold, but the seller wishes to retain ownership of the intellectual property. As a condition to the sale, the seller licenses the use of the ... Read More