Business Trademarks: What’s Really in a Name?

Rincker Law Business/Commercial Law, Intellectual Property, Trademarks Leave a Comment

 If you’re thinking of starting a business (or already have a business in the works), make sure that the name you use is not already taken.  Original names are essential for three reasons:  marketing power, clarity, and trademark infringement avoidance.  For example, if you’ve decided to open a coffee shop, it’s fairly easy to determine that the name “Starbucks” is …

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Ask Cari: What Does “At Will Employment” Mean?

Rincker Law Business/Commercial Law, Employment Law Leave a Comment

The term “at will employment” may be interpreted many ways by a lay person, but it is actually a legal term meaning that either party (employer or employee) may terminate employment at any time without notice for any reason (with limited exceptions), unless there is a contract stating otherwise.  However, a contract may modify that by wording such as “I …

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I Need To Hire Someone for My Business; What Do I Need To Know?

Rincker Law Business/Commercial Law, Employment Law Leave a Comment

The goal of most businesses is to grow – at least somewhat.  However, in order to grow or to be able to step away from the business for a personal life, vacation, or other ventures, you’ll need help with day-to-day operations.  If you’ve never hired someone before – or it’s been a long time – don’t worry – here’s the …

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Ask Cari: I Have a Problem with Employees Missing Shifts. Should I address this in my Employment Handbook?

Rincker Law Ask Cari, Business/Commercial Law, Employment Law Leave a Comment

I always tell my business clients that having an employee handbook is imperative.  It is, essentially, the laws of the employment relationship.  It can be as detailed as the employer would like and can cover anything that might arise affecting the employer/employee relationship.  While many state and federal laws govern certain aspects of the employer/employee relationship, a lot is left …

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4 Social Media Mistakes that May Put Your Company’s IP at Risk

Rincker Law Business/Commercial Law, Copyrights, Intellectual Property, Trademarks Leave a Comment

Being active on social media is hardly a choice anymore for small to medium sized businesses—it’s a given.  After all, your customers are there.  Connecting with your target audience in the social web can boost your brand and level the playing field between you and big competitors with larger advertising budgets.  But before you rush out to tweet a deal …

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Laws, Rules, & Regulations That May Not Apply To Small Businesses

Rincker Law Business/Commercial Law Leave a Comment

An extraordinary number of laws, rules, and regulations govern businesses and their employees.  A small business, however, may be exempt from one or more of them depending on its number of employees. For example: Discrimination Laws. Small businesses may be exempt from Title VII, the ADA and the ADEA: Title VII. Title VII prohibits employers from discriminating against employees on …

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5 Reasons Your Single-Member LLC Needs an Operating Agreement

Rincker Law Business/Commercial Law Leave a Comment

An operating agreement is a contract that controls your LLC’s operations as well as member interaction with each other and with the LLC. You may think that an operating agreement is not necessary for your single-member LLC – after all – why make an agreement with yourself? Is the Operating Agreement a Legal Requirement?  Most states don’t require an LLC …

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Business Law: Letters of Intents v. Term Sheets

Rincker Law Business/Commercial Law Leave a Comment

A letter of intent is used in many types of businesses to list the terms of a proposed deal between prospective parties. While the letter of intent is usually signed by both parties, it contains language stating that this letter does not create a binding obligation on either party. Despite this fact, there has been a great deal of litigation …

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Business Law: General Release for Video-Tapped Testimonials

Rincker Law Business/Commercial Law Leave a Comment

My office just drafted a simple general release form for an agri-business client seeking permission to videotape client testimonials and use the recordings online.  I think it’s a great idea to have a simple consent form to use for these types of situations where video-taped, audio-recorded and/or written testimonials are used in marketing materials.  I suggest having language about the …

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