Business Law Archive

You’re in the store with a friend, and they suddenly she tells you to cover her. Before you can ask why, she’s quickly grabbed a shirt and stuffed in into her bag. You’re shocked – your …

The rules for governing lawyers advertising services in the media has transformed since the 1977 U.S. Supreme Court ruling Bates v. State Bar of Arizona, 433 U.S. 350 (1977) Prior to this ruling most states …

Employers should definitely not be responsible for accidents their employees are in during their commutes to work. Employees are not on the employer’s premises, engaged in activities for the employer or on the clock when …

“Web 2.0” is the name for the latest Internet based technologies. Web 2.0 now provides a much improved user’s experience but there are reasons to be cautious. This article will discuss some of the reasons …

Prior to entering into any contract, it is important for all parties to understand common contract terms. Having a full understanding of these terms will enable all parties to enter into the contract fully informed of what …

Federal law comes in three sources: 1) statutes published in the United States Code, 2) regulations created by federal agencies and published in the Code of Federal Regulations, and 3) legal decisions made by one …

In a family-owned business, your business partners and coworkers are the same people with whom you also share family ties. If things have not gone well, there is no escaping the work colleagues at the …

Have a brilliant idea that was never advertised or seen anywhere before?! In that case, this might just be your lucky day and a clear opportunity to get some reward for your intellectual mind and …

According to the U.S. Minimum Wage Directory, the federal minimum wage currently sits at $7.25 per hour, though individual states may have higher minimum wages, such as Washington with a $9.00 minimum wage. In 1938 …

Artists don’t just have a burning need to create, they also need to license their artwork in order to earn royalties and make a living. An artist selling a painting once can only earn so …

A contract is an agreement between two or more parties to exchange goods, services or both for a certain value. All parties involved should comply with the rules of the contract and should agree to …

Family-owned businesses are often tough to govern. Shareholder control, compensation structures and succession plans all can be cause for legal disputes between family members. Without proper documentation to help address and resolve these issues, a family-owned …

The Internet Tax Freedom Act (ITFA) of 1998 was enacted in order to prevent federal, state, and local governments from taxing Internet access and some related technologies. This is intended to promote the commercial, educational, …

A patent is a form of intellectual property protection designed to safeguard an invention. Its purpose is to ensure the rights and control remain with the inventor. Through filing for a patent the creator of …

Black’s Law Dictionary defines a breach of contract as a “iolation of a contractual obligation by failing to perform one’s own promise, by repudiating it, or by interfering with another party’s performance.”  The Second Restatement …

A limited liability company, also known as LLC is an exceptional business organization that combines some feature of corporation with partnership or sole proprietorship and creates a room for its members to gain flexibility and …

The difference between a trademark and a copyright is easy to remember by looking at the reason each exists. The purpose of a trademark is to protect the consumer. The purpose of a copyright is …

Unclaimed property laws impact nearly every business. Whether a business has a sole employee, issues credits to customers, rents property or offers gift cards, they may be subject to unclaimed property reporting. This reporting is …

A breach of contract is an unjustified failure to perform an absolute contractual duty, and a breach of contract has several legal repercussions.  Black’s Law Dictionary defines a breach of contract as a “iolation of …

Just started a small business? Liability insurance should be high on the to do’ list. First, what qualifies as business/company? *A commercial activity engaged in as means of livelihood/profit.Second, what does liability mean? *An obligation …

In business law, a proximate cause is something which is deemed to be the legal cause of an injury. Along with cause-in-fact or “actual cause,” it is one of the key tools which a court …

Several pieces of legislation regulate who may obtain a copyright, the works eligible for copyright, and the rights associated with the copyrighted material.  A copyright protects intellectual property whether published or not.  The copyright owner …

A creation of the mind, be it an invention, a literary or artistic work, or the symbols, names, images and designs used in commerce, is called intellectual property. Intellectual property is divided into two categories: …

Unlike state laws that govern each state, federal laws are defined as “the body of law consisting of the U.S. Constitution, federal statutes and regulations, U.S. treaties, and federal common law.” Legal professionals, attorneys, and …

The corporate opportunity doctrine is a principle in law which states that the directors, officers and major shareholders of a firm may not pursue for private, personal gain a business opportunity which would normally go …

Have you ever had a job where you have been asked to cover up your tattoos? Have you ever wondered if this can be a form or discrimination, and if it is not considered discrimination, …

The new Care Act has been the hot button of politicians for the last few months as a way to serve their platforms, with the election just months ahead. The problem with all that political posturing and …

Created works performed by an individual or individuals are copyrighted. These are novels, articles, poems, essays, school books, art books, songs, music, and all works created by hand, typewritten, by pen or pencil on paper, …

General liability insurance for small business owners provides broad protection against claims by persons who are injured or whose property is damaged as a consequence of the insured’s business operations. It is a way to …

Freedoms under the U.S. Constitution apply differently to different kinds of businesses. For partnerships and sole proprietorships, constitutional freedoms apply individually to their owners and employees, rather than to the business itself. However, some freedoms …