Arthur R. Lehman, L.L.C.

October 2014 Archives

Responding to copyright infringement

There are few objects more personal to an individual than those that he or she created by hand. Whether the object or work of art was written, painted, sung, acted, knitted, whittled or whistled, personal creative work is deeply important because it is wholly unique. When another individual or business attempts to capitalize upon the creative or otherwise innovative work of others without permission, the sense of injustice that can result can feel almost palpable.

Business tort basics: what is fiduciary duty?

As frequent readers of our blog know, there are extensive laws that govern just about everything in the business world. From employees to contracts to business transactions, every decision a company makes must first be scrutinized by those familiar with business law to make sure that a decision does not violate any state or federal laws.

Restrictive covenants: which employees can be required to sign?

Trademarks and copyrights help protect valuable and publicly-known intellectual property for businesses. There is another type of asset that is vital to the success of any business enterprise. We are talking about trade secrets. This can refer to any confidential business information from client contact lists to training procedures for its talent. It accounts for basically anything that could give them a competitive edge. 

Why startups need to focus on intellectual property protections

You have an idea. You have a great idea. Your idea is so well developed and marketable that it can support an entire business startup. Have you protected your idea? Really protected it? Because while the law aims to protect intellectual property, criminals and competitors can compromise your ideas, products and share of the market swiftly and efficiently if you have not set up the proper legal barriers to shield you and your startup from such actions.

How should a business approach PIPs for employees?

When employees underperform, it can be difficult for employers to know how to handle the situation. The process of hiring, training and otherwise investing in an employee can make it difficult to let an underperforming employee go. In addition, certain legal ramifications of firing an employee may make employers hesitant to take such action. For example, if an employee is at risk of filing a wrongful termination suit in the wake of being fired, employers may feel that they have few options beyond looking the other way in an effort to avoid employment litigation.