Category Archives: Business Law

Working Beyond Your Means

By | November 19, 2010

1.   Character as Destiny: Sometimes That’s Not Good Ralph Waldo Emerson — who wrote the essays Self Reliance and  Compensation, among others — might have loved my law firm Clients, who  tend to be hard-working, self-reliant, persevering and intelligent, just to name a few of their good personality  traits.  In short, they have “Character.”  Too often, however,… Read More »

Copyright Termination Right: A Powerful Right For Copyright Owners

By | November 19, 2010

Ever since I was a law student learning about copyright law, particularly, the provision that gives an author the right to terminate his or her transfer of copyright in a work (the “Copyright Termination Right”), I’ve wondered how the record and publishing companies were going to respond when an artist, songwriter, or composer actually attempted to recapture his… Read More »

Piercing the Corporate Veil – Alter Ego Liability Considerations

By | September 28, 2010

The following is a relatively completely list of factors that may be considered by a court in piercing the corporate veil (i.e. finding alter ego liability) where an individual may be held liable for acts committed through their corporate or limited liability company entity. (1) Commingling of funds and other assets of the corporation with those of the… Read More »

Can I Use My Competitor’s Trademark as a Keyword for My Website Advertising?

By | September 28, 2010

So, you may have a website and you want to drive traffic – potential customers – to your site. One of the ways that you do that is by designating “keywords”. These are descriptive words that are associated with your website. When a potential customer enters words into a search engine, perhaps looking for a local florist by… Read More »

Setting Up New Business in Ethiopia

By | September 22, 2010

Located in the horn of Africa, Ethiopia is the largest country in the Easter sub-region next to the Republic of Sudan of over 1.14 million square kilometers of land area about 13.2 million hector of 12% is cultivable, 40% is pastureland and this together with seasonal rainfall and abundant water resource has made agriculture the mainstay of the… Read More »

5 Common Debt Solutions Scams

By | September 14, 2010

The reason you choose to enroll with a debt solutions company is to get out of debt.  However, if you choose the wrong company your debt problems could get worse.  Recently, some states have enacted laws to regulate debt solutions firms, while other states are in the process of enacting these kinds of laws.  Here are 5 of… Read More »

5 Reasons You Should Use a Trademark Attorney for Your Trademark Search and Registration

By | September 10, 2010

As a trademark attorney and the founder of Gerben Law Firm and TrademarkArmor.com, every day I hear from clients whose trademarks have been rejected by the U.S. Patent and Trademark Office (USPTO).  Many of these clients used one of the non-legal services for trademark registration offered via the Internet — with unfortunate results.  Because I feel so strongly… Read More »

What is an LLC?

By | May 13, 2008

A limited liability company (LLC) is a form of business organization set up to offer liability protection to its members. When difficulties arise, LLC members may lose their investments in the company, but not their personal assets. LLCs are often better than a limited partnership, because in a limited partnership, one partner is personally liable for the partnership’s… Read More »

Why should you have a formal partnership dissolution agreement?

By | May 13, 2008

If you have a business partnership with one or more persons and someone wants to leave the partnership, a formal agreement is truly necessary to protect everyone involved. The technical term for this type of agreement is a dissolution, which is the change in the relationship of the partners caused by any partner ceasing to be associated with… Read More »

When is a limited liability partnership agreement necessary?

By | May 13, 2008

As with a general partnership, a limited liability partnership requires an agreement so that each partner’s role, protections and expectations are clearly defined. The limited liability partnership (LLP) has been an ever-growing form of business organization in recent years. It protects a partnership in much the same way as a limited liability corporation protects the business. It is… Read More »