Running a Business is an Ongoing Process

By: Donna Ray Berkelhammer.

I was reading a bulletin from the FTC, which just closed an investigation on whether certain Verizon data security practices constituted unfair trade practices. The closing letter in part reads: “We continue to emphasize that data security is an ongoing process. As risks, technologies, and circumstances change over time, companies must adjust security practices accordingly. [...]

 

What “Magic Language” Should My Contract Have?

By: Donna Ray Berkelhammer.

There is very little required by law to make a contract enforceable.  Some types of contracts are required to be in writing, such as anything to do with land, contracts for goods worth $500 or more, and contracts for services that cannot be performed in a year. Otherwise, valid contracts should include the names of [...]

 

Starting with Employee 1

By: Donna Ray Berkelhammer.

While many employment discrimination laws don’t apply until you have 15, 25 or 50 employees, there are several employment laws that apply when you hire your first employee: Immigration and Reform Control Act requires employers to verify employee eligibility to work and to retain form I-9. Fair Labor Standards Act and Equal Pay Act (FLSA [...]

 

What does the Redskins Cancellation Mean for My Business and Trademarks?

By: Donna Ray Berkelhammer.

The US Trademark Trial and Appeal Board recently cancelled several Washington Redskins trademarks on the grounds that at the time these marks were registered, they were disparaging or offensive. This means the marks should have never been registered. 

 

I Caught Someone Copying My Website. Now What?

By: Donna Ray Berkelhammer.

You just discovered that a new entrant to your existing market copied your website FAQs, but changed them a little.  Your site has “© ABC Corporation 2009-2014″ on the bottom.  What do you do now.

 

To Be a Franchise or Not to Be….

By: Donna Ray Berkelhammer.

When starting a new business, many people toy with the idea of opening a franchised business.