Business Law Archive

The European Union Treaty is a substantial antitrust and competition component that was built through much discussion, argument and agreement to specific details. The competition pages can be read, article by article at the European …

You know, invention is the mother of necessity (or laziness in my case). Some people aren’t natural inventors others have been trying to invent gadgets almost their whole life. Moms are some of the greatest …

In layman’s terms, negligence is the failure to exercise ordinary care either via an action or omission. Negligence that is a breach or violation of Tort law occurs when a person does not take the …

Many states in the United States, as well the Canadian provinces and other nations with legal systems based on the British model, have established “small claims” courts to hear civil suits for modest amounts of …

In a lawsuit that accuses a business of liability, the plaintiff must be able to successfully show fault. And the defendant has to be able to defend themselves against the allegations and show the plaintiff’s …

When you lease out your truck and hauling services, you expect to be paid what you are owed. Time is money and you don’t want to waste it in disputes over compensation. Part 376 of …

Bankruptcy and insolvency can have a big impact not just to those directly affected, but also to those they deal with. Businesses are no different can be just as affected by bankruptcy and insolvency laws. …

“You are fired!” As you wend your way homeward, you feel devastated, but suddenly realize your employer did not tell you why. You know that dismissal from any job can affect your entire future, as …

While every civil case is different, the steps involved in preparing a plaintiff’s case for filing are similar from one case to the next. This quick guide covers everything that happens from client engagement to …

It’s pretty rare that an individual would file for Chapter 11 bankruptcy, so much so that in 1991 the U.S. Supreme Court had to reaffirm the individual right to Chapter 11 protection. Today, Chapter 11 …

Tort law, which covers situations in which one person is wrongfully harmed or injured by another person (or organization), divides wrongdoing into intentional torts and unintentional ones, which usually take the form of negligence. The …

A contract is a compact between two or more parties and is either executory or executed. General Elec. Credit Corp. v. First Nat. Bank of Dumas, 432 S.W.2d 737 (Tex. Civ. App. Amarillo 1968). In …

You’re feeling ready to start the patent application process for your invention, but aren’t really sure how to proceed. You have your inventor’s notebook; you’ve done some online and in-store product research and have not …

Under the patent laws of the United States, an invention must meet the requirement of being “nonobvious” in order to be patented or licensed for use in the country. This regulation is in place in …

A quitclaim deed is a type of deed by which a person (the “grantor”) grants real property (i.e., land) to another person (the “grantee”) and also disclaims any interest that he or she may have …

Personal responsibility is a fading character trait in American society. Everyone is looking for someone else to blame for everything that happens to them. It is time to exercise independence and be accountable for your …

Business Litigation: Issues Arising After Shareholder Departure .Some of the key and most damaging issues to arise for a business are issues of Antitrust, in regards to Trade Regulations and distributions, the rights and ownership …

Registration of works of “original authorship,” as the U.S. Copyright office calls them, is unnecessary for copyright protection to exist in the United States. It exists as soon as the work is created and “fixed in …

While almost half of all Americans do not pay any federal income taxes most Americans do pay some form of taxes in other ways such as in sales tax, payroll tax, state income tax, or …

Hadley, the plaintiff, was a miller, proprietor of the City Steam-Mills in Gloucester. The mill was powered by a steam engine and when the crankshaft broke the machine would not work. The plaintiff wanted a new …

In many countries, there are different employment laws to England and Wales. In some parts of the United States and Canada, for example, if you have an “At Will” employment contract, your employer can fire …

The laws of patent, trademark and copyright vary from country to country. The laws and legal rights / obligations arising from them, therefore, differ in various parts of the globe. There are, however, some internationally …

A limited liability company (LLC) is a type of business structure which falls halfway between a corporation and a sole proprietorship (or partnership, if there is more than a single owner). Although it is considered …

Under the English legal system, the courts are generally quite willing to allow parties of equal standing to freely negotiate a contract. This policy of non-intervention extends to most aspects of an agreement, mainly to …

The doctrine of consideration has come under increasing fire in recent times due to its somewhat intractable nature and inconsistencies, however it can be argued that much of the ill effects it had engendered in …

The legal issues surrounding advertising are many and most of us know a few of them; such as, if we find an item on a shelf that has a price and we get to the …

The Durbin Amendment is an addendum to the 2010 Dodd-Frank Financial Reform and Consumer Protection Act. Its primary function is to cap fees related to retail debit transactions in order to lower retail costs and …

Writers who wish to use references to other works in their material often face the dilemma of whether or not permission must be obtained to avoid charges of copyright infringement.  Often written works restrict use …

Every employer will inevitably find themselves in a situation where they are faced with the task of terminating an employee. The grounds for termination may vary, but it is indisputable that the process must be …

There are ten really important questions to know the answers to first before working with copyrights. This is important know-how for those truly innovative individuals, articulate, and artistic. The ten questions to be asked are: …