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How A Business Lawyer Can Help To Start Up Your New Company

Article by Braudwilliam
























Many company owners wait until a legal issue arises to contact a business lawyer, but this really is not the first time in the life of your company that you should be meeting with one. If you are in the process of starting up a brand new company, you should actually be meeting with one of these lawyers as soon as possible. They will be able to help you with a number of different areas involved with starting a company, including: entity formation, protection of intellectual property, insurance, and so on.

Entity formationA business lawyer will be able to offer you advice regarding what sort of âEUR~entityâEUR(TM) is right for your company, as well as helping you to ensure it has all been set up correctly. In most cases, your lawyer will advise you to form a limited liability company (LLC) that will not hold you responsible for liabilities should you not hold regular meetings.Trademarks and copyrightsComing up with a company name and logo often takes a lot of hard work âEUR” you need to make sure that someone else hasnâEUR(TM)t already bought the rights to it, you need to pay someone to draw it up, and so on. It would make sense, then, to protect your name or logo from being stolen by someone else. Your lawyer can help you to do this by filing for trademark, patents and copyright.ContractsHaving contracts for your company is a must. Whilst some people think that it is okay to simply download one from the internet, this is never a good idea âEUR” who was it written for; does it take your local laws into account? Your business lawyer will be able to help you draft up contracts for employees, suppliers, subcontractors âEUR” whoever will be involved in the day to day running of the company âEUR” that are legally binding.InsuranceEvery company needs to have insurance, as this will protect you should an employee or visitor have an accident in the workplace. By getting your business lawyer to help you with all your insurance requirements, you will ensure that they have a thorough knowledge of your company should you ever find yourself in some legal hot water.This article on touches the tip of the iceberg when it comes to the ways that a business lawyer can help out anyone who is in the process of starting up a brand new company. If you want to ensure that your company is a success and complies with all laws and regulations, you should make sure that get the right advice from the very beginning.
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The above article is highly useful and helps you to know how a business lawyer can help to start up your new company. Mason Sier Turnbull’s business lawyers provide great services and sensible solutions to their clients.












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DocMinder – A Way to Remember Your Work and Critical Dates

Article by Peter Pal Disuja
























Due to a lot of work some times we forget our some important work and date. This creates the problem to finishing our work at the time and also losses some important meeting. We need some important software or tool which remind our important task and critical date for completing our goal.DocMinder (we can also say Document Reminder) is special software which marry important document to existing calendar and email system. Theses software are very popular in USA, India, Canada, UK and many more. Different companies made this software with different name. It helps to prevent the risk occurs due to losses our critical dates like contract options, court dates, claims, intellectual property, insurance policies, warranties and employee benefits etc. There are so many features of this tool some are given below:

Reduce Cost: There is no need of multiple calendars to know the different dates so we can save our personal money.

Reduce Human Resource: A single person can handle large critical dates for personal use or for all the important dates for large enterprise business.

Save Time: It reduces the time to find your important document for a particular task. It reminds you where your document with email reminder.

Increase Efficiency: It automatically sends an email to an appropriate person or employee when the critical date occurs and provides necessary access to all documents which are needed to complete a particular task.

It is very important tool to support all business firm either it is small or large. DocMinder manages document and records workflow in a lovely way. With the help of single click we get our important document and records. It support all type of business firms like accounting, finance, law, travel, shopping etc even we can use it for our personal purpose also. We can customize the software according to our need like if we want our critical date occurs in colored than we can easily do this. There is no need of any technical efficiency to operate this tool.

It is a feature rich tool in the document and records management industry. It is very helpful for the industry to increase there staff efficiency and provide best solution to there client within given time line. The email reminder facility in this software is awesome. We easily know our task with our specified document and we never fear about our goal within our limited time. It’s a key of document management and records management process workflow. We can easily find this software by different online portal running on the web. The core importance of this software is to bind the necessary document with the absolute date and remind the work with email. It is very helpful for management professional in the company to do their task in efficient manner.


About the Author

I always like such type of software DocMinder which provide great help to document management and records management workflow. I feel very happy to provide such type of information.












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The 2010 Expert Forecast: Surge Ahead

Article by Robert Ambrogi
























The New Year has barely begun, but all indications suggest 2010 will bring a surge in litigation involving major corporations. With that surge will come increasing demand for expert witnesses across a range of business-to-business disputes.

Demand for expert witnesses is already growing and will continue throughout the year, a survey of expert witnesses conducted by IMS ExpertServices indicates. Three-quarters of the experts surveyed said their work in 2009 either increased or remained stable. More than half predicted they would have heavier caseloads in 2010 and another third said their workloads would at least remain level.

“We perceive there will be substantial growth in business-to-business litigation in 2010,” said the president of IMS ExpertServices, Bill Wein, who closely monitors trends throughout the United States in litigation and use of expert witnesses. “With that growth will come demand for sophisticated and specialized expertise.”

A big chunk of the growth in litigation will be seen in those areas that typically pick up when times get tough, Wein said. Call it the see-saw effect: As the economy goes down, litigation goes up in such areas as bankruptcy, contracts and employment.

At the same time, a series of economic catastrophes is driving a dramatic rise in litigation in the financial services sector. From the collapse of the secondary-mortgage market to the discovery of multiple massive Ponzi schemes, this sector will continue to see increasing volumes of litigation for years to come.

Additionally, other areas of litigation that have seen relatively modest growth in recent years are likely to see much greater levels of activity. One such area, said Wein, is intellectual property litigation, which will see continued expansion as businesses take steps to protect and enforce their intellectual-property assets.

Financial Services Litigation

In the financial services sector, new lawsuits will arrive in waves, reflecting the waves of crises the sector experienced in recent years. In fact, some of those waves are already hitting shore, even as others appear on the horizon, Michael Mittleman, regional director of financial services for IMS ExpertServices, observed.

The subprime mortgage crisis propelled the first waves of cases, Mittleman noted. Following them to shore will be cases involving collateralized debt obligations (CDOs) and credit default swaps. Still on the horizon are lawsuits stemming from commercial mortgage-backed securities and from the failures of large numbers of hedge funds.

These cases will continue to drive up demand for expert witnesses with hands-on experience in banking and finance, Mittleman says. “There will be a demand for experts who worked at these firms and who were involved in structuring these transactions.”

Also in demand in financial services litigation will be experts with backgrounds in statistics and others with expertise in due diligence and standards of care. “Wall Street created a lot of esoteric securities and financial transactions,” Mittleman says. “Lawyers want experts who can explain how and why these were created.”

Tracking Other Indicators

These predictions of a litigation surge in 2010 are corroborated by legal industry surveys. One, the annual Litigation Trends Survey published in October by the law firm Fulbright & Jaworski, found that companies were already seeing a litigation wave that corporate counsel expected to swell during 2010.

Forty-two percent of corporate counsel anticipate an increase in the legal disputes their companies will face this year, the Fulbright survey reported. That is up from 34 percent in the prior year. The 2010 increases will follow what was already a busy 2009, with 83 percent of companies having new litigation filed against them and half of major companies seeing increases in their caseloads.

Across the board, businesses report significant increases in litigation in three areas tied directly to the economy: bankruptcy, contracts and employment. They report more modest increases in intellectual property, insurance and regulatory actions.

A major focus of litigation in 2010 will be cases resulting from regulatory investigations and whistleblower allegations, the Fulbright survey predicted. Sixteen percent of all GC – and 23 percent of those in large-cap companies – say they expect an increase in the number of internal investigations their companies face.

One area of litigation unlikely to see a surge in 2010 is class actions. The Fulbright survey reported in 2007 that 51 percent of companies had class actions brought against them. In 2008, that dropped to 23 percent, and it remained at that level in 2009. Although class actions may increase in specific areas in 2010, such as employment, they are unlikely to increase across the board.

Uptick in Legal Spending

Another industry survey that forecasts an uptick in litigation for 2010 is the survey of corporate legal spending conducted by The BTI Consulting Group. Companies will increase their spending on litigation by 2.3 percent this year, resulting in a .5 billion market, BTI says.

IP litigation is likely to see the most substantial growth, BTI predicts, if only because patent and trademark cases saw slower growth during the height of the financial crisis, while companies addressed more urgent economic issues.

BTI also predicts a continuing surge in bankruptcy, labor and employment and financial matters. Like Fulbright, BTI predicts decreases in 2010 for class actions and bet-the-company litigation.

“We are seeing a clear turnaround in the economy and an increase in litigation of all types,” said Mike Wein, IMS ExpertServices founder and chief executive officer. “From all the indicators we track, 2010 will be a busy year for trial lawyers and experts.”

This article was originally published in BullsEye, a newsletter distributed by IMS ExpertServices. IMS ExpertServices is a full service expert witness and litigation consultant search firm, focused exclusively on providing custom expert witness searches to attorneys. We are proud to be the choice of more than 95 of the AmLaw Top 100.

http://www.ims-expertservices.com/about.htm

About the Author

Robert J. Ambrogi is a Massachusetts lawyer, writer and media consultant. He is author of the book, The Essential Guide to the Best (and Worst) Legal Sites on the Web. He also writes the blog Media Law, co-writes Legal Blog Watch and cohosts the legal affairs podcast Lawyer2Lawyer.












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Tenth Circuit Continues the Ambiguity of “Advertising Injury”

Tenth Circuit Continues the Ambiguity of “Advertising Injury”










Louisville, KY (PRWEB) October 24, 2011

The Tenth Circuit recently decided a case brought by DISH Network against its Commercial General Liability (CGL) carriers, where DISH had been sued on patents claiming call center technology. Although unlikely, some CGL policies may still be interpreted to have some coverage for patent infringement claims if the patent is claimed to be on a way of advertising a product. In DISH Network Corp. v. Arch Specialty Insurance Co., DISH argued that the CGL coverage for “advertising injury” was potentially triggered by the asserted patents’ claims which purportedly included advertising or product promotion.

Although “numerous cases do, indeed, categorically rule out ‘advertising injury’ coverage for patent infringement,” DISH, slip op. at 12, “where an advertising technique itself is patented, its infringement may constitute advertising injury.” Id. at 14. The court noted that allegations of patent infringement by a product are consistently held to not be within advertising injury coverage, regardless of how that product might be advertised. Only when both the accused activity and the patent’s claims are within the scope of advertising does the potential for coverage attach. The insurers continued to assert various intellectual property (IP) exclusions and causation arguments, and the case will return to its trial court for further litigation.

According to Robert Fletcher at Intellectual Property Insurance Services (IPISC), “Obtaining CGL coverage for patent litigation continues to be a difficult and unpredictable endeavor. When cases like DISH continue to be litigated in the courts, you can be sure that carriers will attempt to further limit any plausible type of IP exposure under their commercial insurance policies. It is essential that companies not rely on the unpredictability of the courts to determine if they have coverage under their CGL policies”.

Fletcher goes on to say, “Companies are well advised to proactively obtain insurance coverage specifically tailored to address their most valuable asset, intellectual property rights. Instead of taking the chance on CGL coverage, a company can obtain a dedicated policy where patent infringement allegations can be explicitly insured without the need to litigate coverage through trial and appeals courts. These dedicated IP policies can even cover the cost of pursuing a CGL carrier in those exceptional cases where it should provide coverage. Despite the established availability of IP insurance policies, most companies have not been made aware of the existence of IP insurance.” It is important to discuss IP insurance with a knowledgeable insurance professional.

Robert Fletcher is the founder and president of Intellectual Property Insurance Services Corporation (IPISC). IPISC continues to be the leading provider of intellectual property insurance and risk management products and services in the United States and worldwide, with over twenty (20) years of expertise and experience. For further information, please contact Karrie Lewis, Marketing Director at IPISC, at 502.855.5310 or klewis(at)patentinsurance(dot)com. Please visit our website at http://www.patentinsurance.com.

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