Sunday, March 2, 2014

AVOIDING LEGAL HEADACHES


In an earlier posting I emphasize the importance of preparing a strong Legal Strategy when starting a business. If you avoid creating a legal strategy you may be faced with financial loses because of Lawsuits standing from:

WRONGFUL TERMINATION


Many employers terminate employees and base their argument on the “at will” concept. Although this practice is common in most Provinces and States, lots of businesses are unaware of the intricacies of this law. Ultimately landing them in court with heavy fines and back pay, which can be avoided by following a few guidelines.

GUIDELINE 




CLASS ACTION LAWSUITS


Discontent customers can ultimately file lawsuits base on faulty products, services and promises. Avoiding class action lawsuits will protect the image and branding of your company. The laws that dictate class action lawsuits are so complex and vary from industry to industry. In an effort to help you understand and give you some ideas to avoid a lawsuit, I will use the Equipment Finance Industry as an example.




PATENT INFRINGEMENT


Technological companies are competing with thousands of patents in the marketplace nowadays. Poor patent research and assurance that they have a unique idea has a damaging effect on the company’s bottom line. This misconception has trigger countless lawsuits for patent infringement over the last decade. A good way of preventing these scenarios from taking place in your future endeavors is by following a list of guidelines before patenting an idea or invention.

·      Research your invention for any potential infringement red flags
·      Don’t ignore others claim of a patent, it can present unpredictable consequences.
·      Look for Patents you may be infringing upon by looking up competitor’s products or calling them directly and asking for information.
·      Once you find products that relate to your patent, begin to research for flaws that may cause those patents to be expire or lack documentation to exist.
·      Contact lawyer in order to be certain that your review of the patent did not leave any hidden facts to be left uncover.

OTHER LEGAL HEADACHES…..


This is a good start for a topic with many more items of discussions, such as Tax implications, Immigration audits, contracts disputes, and competitor’s disputes.  I’ll discuss these and other topics in further detail as we explore more about legal challenges.

 

Brodzinski, C. (2003). Avoiding wrongful termination suits. National Underwriter, 107(41), 38-40. Retrieved from http://search.proquest.com/docview/228519169?accountid=3455

Donnelly,James C.,,Jr. (2006). Avoiding class action lawsuits concerning lease insurance programs. The Journal of Equipment Lease Financing (Online), 24(3), A1-A11. Retrieved from http://search.proquest.com/docview/214625956?accountid=3455

 
Neustel Law Offices. (n.d.). Introduction on how to Avoid Patent Infringement. Retrieved february 28, 2014, from Neustel : www.neustel.com/patent-infringement/how-to-avoid-patent-infringement.aspx

1 comment:

  1. Agree with your idea, and your blog looks very professional.

    ReplyDelete