Insights & Analysis

Duties of Members of the Board of Directors, Officers and Managers

Duties of Members of the Board of Directors, Officers and Managers In many smaller companies, corporate formalities are adhered to with less stringent measures. Yet, it is often the smaller companies where shareholder disputes erupt over time, and the failure to adhere to corporate formalities and obligations can result in lawsuits that can cause damage […]

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“Boilerplate” Contract Provisions in Business Transactions Need Careful Review

It helps to have a level playing field when litigating or arbitrating. The playing field is often set when the parties sign the contract. Once a business relationship has gone sour, it is too late. In short, it pays to closely examine the contract you are signing before you sign it. The “boilerplate” you agree […]

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Copyright Basics

Copyright Law protects original works of authorship fixed in any tangible medium, and derivative works springing from those original works. This definition is interpreted broadly to include protection for recorded songs, software programs and musical or theatrical performances, as well as art and literary works such as books. The 1976 Copyright Act gives the owner […]

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Trademark Basics

Trademark law is often subdivided into trademarks, service marks, trade dress and trade names, although all have some features in common. Trademarks are words, symbols, phrases or designs, or combinations of these that distinguish the source of goods of one person from those of another (such as the famous Coca-Cola script lettering over the wavy […]

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Trade Secret Basics

Trade secrets law evolved from a common-law understanding that things like customer lists, specialized knowledge or processes were part of the goodwill of a company. Many states have enacted versions of the Uniform Trade Secrets Act, which has been held to supersede certain common law understandings. Trade secrets generally are defined as information, methods or […]

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