Seacrets, an Ocean City, Maryland resort with a national reputation, recently succeeded in a federal trademark infringement lawsuit against a luxury hotel chain. The result, which included punitive damages and a permanent injunction against the competing hotel, is helping pave the way for Seacrets to move forward with its plans to expand nationally through franchising. More »Ocean City Resort Uses Trademark Infringement Lawsuit to Bolster Position for Franchising
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Discovery is the pre-trial phase in a court case during which each party can use certain methods to obtain information and facts and gather evidence about the case in preparation for trial. It is the principal fact-finding method in the litigation process. Almost all trial courts allow a wide scope for discovery, the theory being that all parties should go to trial with as much knowledge as possible, and that the parties should not be able to keep secrets from each other. This broad right can More »How to Conduct Discovery for Your Court Case
Sarbanes-Oxley is a key piece of legislation that can affect firms of all sizes. Here's what you need to know about the act and its requirements. More »The Sarbanes-Oxley Act: A Quick Guide for Small Businesses
A contingency fee is an arrangement for paying an attorney a percentage of the money obtained for the client after settling or winning a case, instead of paying by the hour or by the job. Contingency fee arrangements are most common in personal injury cases. The contingency fee for a successful attorney ranges from 20% to 50% of the amount recovered. Attorneys may not charge contingency fees when representing defendants in criminal cases and are rarely permitted in family law cases. Since perso More »Where Can I Find Lawyers That Will Take a Case on Contingency?
Unless you have filed a lawsuit to make a very important point concerning an issue critical to society at large, it is almost always a good idea to settle out of court. Parties to lawsuits are encouraged and urged to settle their differences even from the very beginning of litigation. The following points should be carefully considered when you are contemplating settling your lawsuit out of court instead of going to trial: Amount the lawsuit is worth; Length of trial; How long it will ta More »Should You Settle Your Lawsuit out of Court?
TM, SM, and (R): Which trademark symbols to use and when to use them. More »Understanding and Making Proper Use of Trademark Symbols
Evidence can be defined as testimony, writings, material objects, or other things presented that are offered to prove the existence or nonexistence of a fact. Evidence is what is used at trial to prove the elements of your case or the elements of your defense. The time to begin preparing your evidence is as close to the time the events (facts) occurred as possible that caused you to consider bringing your lawsuit or caused you to believe you would be sued. Before you prepare your evide More »Preparing Your Evidence Before You Go to Court
Most franchise agreements do not spell out a franchisor's duty of competence to a franchisee. What's in the works in court and what it means for you. More »Is There A Duty Of Competence in Franchising?
The word "fired" clearly has negative associations in the workplace, but if you're a manager, you need to be prepared to let people go if they're underperforming or causing significant problems for the company. More »Steps to Take When Firing an Employee
It's important to know the laws most likely to affect your business. More »Business Laws That Small Businesses Should Worry About
Letters of intent (LOIs) are nonbinding agreements that give the purchaser an opportunity to take a closer look at the revenues, expenses, and operations of a business before drawing up a formal contract. More »Preparing for a Business Sale with a Letter of Intent
Is your small business stuck charging low prices for your products or services? The problem might not be what you're selling. Here's how one business raised prices by changing its name. More »Could You Charge 70% More With a Better Business Name?