Articles 

10 Easy Things That Businesses Can Do 
(with their Legal Advisers) to Help Stay Out of Trouble

by Ken Crook





 

 

WHAT YOU CAN DO

WHAT IT CAN DO FOR YOU

1. Estate Planning (wills; credit trusts)

Avoid family litigation; save estate taxes

2. Form Sales Contract

Limit warranties and exclude “loss of profits” damages; control how and where disputes handled

3. Shareholder Agreement

Control minority share ownership through use of buyout triggers in event of death, disability, employment termination, attempted transfer

4. Sales Representative Agreements

Limit potential open-ended commission liability to terminated sales representatives/commissioned employees

5. Employee Agreements (confidentiality, non- competition, assignment of patent rights)

Protect trade secrets, key customer relationships, ownership of inventions

6. “Work for Hire” Agreements (independent contractors)

Obtain ownership of software and other copyrightable work product created for you

7. Trademark/URL Searches and Registrations

Protect corporate/product name identity and good will; reduce exposure to trademark infringement claims

8. Patentability/Patent Infringement Review

Reduce exposure to patent infringement claims

9. Employment Compliance Audit (hiring/firing practices, employee policy handbook, wage and hour requirements)

Reduce exposure to discrimination, harassment, wage and hour claims

10. Legal Review Before Employee Termination

Reduce exposure to post-termination claims by employee and federal and state agencies



The above outline is presented for general information only, and should not be considered or used as legal advice. If legal or other professional advice is required, you should obtain the services of a professional.

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