Professional Practice Intellectual Property Business Organization

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Litigation Funding and Other Monetization Tools for Israeli Innovators and Investors

Protecting the value of Israeli businesses involved in cross-border legal disputes may require aggressive assertion of rights in claims against joint venture partners, distributors, licensees, customers, or infringers of...more

Beyond the Cloud: How to BYOD, Step 1

Moving data to the cloud has been the critical data security challenge confronting organizations in the past few years. With the cloud transition well underway, the spotlight has turned to securing end-user devices like...more

Managing Legal Risks as a Start-up

Fenwick & West litigation partner Andrew Bridges emphasizes the importance for young companies to bring in legal counsel to identify litigation risks before they arise. According to Bridges, attorneys can then plan the...more

IP Attorneys: A Guide to Effective, Engaging Graphics for Patent Litigation

Apple’s recent victory over Samsung in their patent infringement case had to be one of the most closely watched intellectual property cases ever, and trial graphics played a decisive role in shaping juror and public opinion. Whereas the Apple case involved primarily a “look and feel” that is not terribly difficult for laypeople to reach their own conclusions about, IP cases generally involve extreme technical detail and subjects that can be exceedingly difficult for a nonexpert to understand. For this reason, litigation graphics are needed and developed for patent and other IP matters more than almost any other field of law. Cogent Legal has produced an interactive guide to show our approach and share our ideas for developing litigation graphics for intellectual property cases. In today’s information-saturated world, jurors and others expect to obtain information visually and interactively. Graphics, such as the samples you’ll find in this guide, enhance oral and written arguments so attorneys can present information in the most effective and engaging way possible.more

Joint Venture Agreement JVA J.V.A. Partner Agreement

Joint Venture Agreement Ideal for protecting partner firms, companies, or organizations while entering into a mutual business relationship. more

Non Disclosure Agreement NDA N.D.A.

A comprehensive NDA to be used with most mutual business arangements that involve the sharing of intellectual property for the purpose of business, marketing, product, development, et. al.more

The surge in foreign language document review projects

As we have indicated in numerous posts over the last year, foreign language document reviews have dominated the U.S. contract attorney market due to the continuing increase in FCPA cases. It has provided a stream of work from firms such as Arnold & Porter, Baker & McKenzie, Kirkland & Ellis, Morgan Lewis, Sidley Austin, etc. which have strong FCPA practices. Note: we try to cover the FCPA “marketplace” best we can (see all our FCPA posts on this page) but we rely on two of the most influential and cited FCPA blogs: Tom Fox (our “Mr FCPA Nuts & Bolts”) and his blog FCPA Compliance and Ethics plus Richard Cassin, FCPA guru and author of The FCPA Blog. Incidentally, both blogs were cited as the “go to blogs” for FCPA coverage at last year’s BizNow FCPA event with the DOJ and SEC. But four other factors have fuelled demand for attorney reviewers fluent in languages other than English.: (1) an uptick in cross-border IP litigation, (2) an uptick in banking/financial crisis cases that involve numerous foreign banks and financial entities, (3) the move by other countries to enforce laws similar to the FCPA, and (4) an uptick in cross-border M&A activity. And this has also led to a surge of in-country litigation and compliance reviews in Europe. Our sister company Project Counsel has 6+ reviews underway in Europe covering internal compliance reviews, IP litigation and M&A due diligence. A closer look at this surge in foreign language document review projects in the U.S..... Please see full article below for more information.more

Interesting Articles And News From Around the Web: 11/1-11/07/2010

Interesting Articles And News From Around the Web: 11/1-11/07/2010more

10 Common Mistakes that Business Owners Make

By Donald W. Hudspeth The following is an outline of a lecture I have given to the Edson Institute at Arizona State University in Tempe, Arizona as well as the Arizona Small Business Development Center and The students of my business law class at ASU in Glendale, Arizona. I am hoping this summary report will be sufficient to trigger action on the issues discussed and to cause the reader to obtain some professional advice regarding same. I hasten to add that the problem of intelligent, self-reliant business owners working beyond their skill set is a common problem and one that can cause life-altering harm to the do-it-yourselfer.....more

Arizona Personal Asset Protection Attorneys

Arizona Personal Asset Protection Attorneys As a business owner, proactive personal asset protection may be essential to protecting your hard-earned assets against situations and events beyond your control. At The Law Offices of Donald W. Hudspeth, we have the business savvy and legal experience to evaluate the risks you face and the best methods for legal asset protection. Without submitting to unnecessary pessimism or hardship, you can still protect your most valuable assets from creditors and lawsuits. Determine the risks The Arizona personal asset protection lawyers at The Law Offices of Donald W. Hudspeth will help you evaluate all of the risks created by your business type and business structure, and take cost-effective steps to minimize them while keeping your business healthy and growing. Protect yourself from risks you cannot avoid: • If you run a sole proprietorship, general partnership, or limited partnership, consider reorganizing your business as a limited liability company, limited liability partnership, or corporation. The limited liability and corporate structures prevent creditors and plaintiffs from successfully pursuing your personal assets in almost all circumstances. • If you do not own a home, consider buying a moderately-priced home. Arizona allows debtors to retain $150,000 of equity in their home if they declare bankruptcy. If you buy a reasonably-priced home, or do not pay off your mortgage or home equity loan in full in order to keep your equity in your home at $150,000 or below, your home will not become available to creditors if your sole proprietorship or general partnership goes into bankruptcy. • For other or larger properties or accounts, consider transferring assets to someone you trust. Creditors and successful plaintiffs cannot take what does not belong to you—consider transferring assets to your spouse or to your children before any problems arise. • Depending on the risks your business creates, consider increasing your insurance coverage to cover more or all of a court award or settlement if you are sued. • Finally, speak to an Arizona personal assets protection attorney about the possibility of creating an irrevocable trust or a LLC to shield your assets against all eventualities. Asset protection is one of our most popular practice areas, but like estate planning, it needs to be done before you need it. Once you have notice of a lawsuit or legal claim any transfer of assets, even for an otherwise legitimate purpose, may be challenged as a fraudulent transfer and make a bad situation worse. Work with a business-minded attorney who knows personal assets The Phoenix business lawyers at The Law Offices of Donald W. Hudspeth know business law inside and out and can help forecast liability and insolvency risks that face your industry generally and you specifically. Our Phoenix business law firm can help you protect your personal assets in Arizona from business-generated risks, leaving you free to concentrate on running your business and living your life. Contact us at 602-265-7997, toll free at 866-696-2033 or email us online today to arrange an initial consultation with an expert Arizona personal assets lawyer. more

Alternative Dispute Resolution and Arizona Businesses

Alternative Dispute Resolution and Arizona Businesses Increasingly, businesses are including alternative dispute resolution (ADR) clauses in standard business-to-business and consumer contracts, and even businesses without ADR clauses opt for ADR procedures to resolve disputes while keeping court and legal costs to a minimum. At The Law Offices of Donald W. Hudspeth, we effectively translate our decades of business law and litigation expertise into powerful ADR advocacy for all of our business clients, no matter the issue. Mediation Arbitration Arizona alternative dispute resolution lawyers If your business faces alternative dispute resolution of any kind in Arizona, work with a business law attorney in Phoenix who understands the law, your industry, and ADR procedures and requirements. Contact The Law Offices of Donald W. Hudspeth today to arrange an initial consultation on any business-related alternative dispute resolution matter. more

International Business Law: Starting or Buying an Arizona Business

International Business Law: Starting or Buying an Arizona Business Investing in Arizona... Arizona international business attorneys... Work with a skilled Arizona business attorney with an international bent At The Law Offices of Donald W. Hudspeth, most of us were businessmen before we became attorneys. As business lawyers in Phoenix, we know how to nurture a small business, how to foresee legal difficulties before they arise, how to steer our clients clear of avoidable legal obstacles, and how to prevail in court if such obstacles prove unavoidable. Call 602-265-7997, toll free 866-696-2033 or contact us today to arrange a consultation on any issue related to Arizona business. (Another short doc) more

S-Corporation or C-Corporation? Incorporating in Arizona

S-Corporation or C-Corporation? Incorporating in Arizona S-corporations and C-corporations share many of the same advantages and disadvantages. Probably the single biggest drawback to both forms of corporation in Arizona is the difficulty of proper incorporation. The process is much more complex—and requires much more accountant and attorney involvement—than forming a limited liability company, sole proprietorship, or partnership. Among the many advantages of both the S- and C-corporation in Arizona: • Limited liability protection. • Relative ease of fundraising. Similarities between an Arizona C-corporation and S-corporation • Separate entities. • Structure. • Corporate formalities. Differences between Arizona S-corporations and C-corporations • Ownership • Taxation Choosing a corporate form C-corporations may provide a little more flexibility for growing your business, when it comes to issuing new shares or new classes of stock, but that flexibility must be weighed against your interest in maintaining control over your business or ensuring that like-minded shareholders remain the ultimate power behind the corporate throne. In some states, like Arizona, failure to do and keep the Minutes current can result in the loss of liability protection. So, some businesses hire their law firms to do the Minutes. Savvy Arizona business attorneys Located in Phoenix, the Law Offices of Donald W. Hudspeth serve the entire Arizona business community. As business attorneys in Phoenix, we have over three decades of combined experience practicing in all areas of Arizona and Phoenix business laws, and most of us have experience owning our own small business or working in the private sector. more

How to Form a LLC in Arizona

How to Form a LLC in Arizona For many self-employed Arizonans, forming an LLC is the best choice for their business. Likewise for many sole proprietorships, partnerships, and other small businesses. LLCs—limited liability companies—offer protection from legal liability and simplified tax procedures. Even though Arizona LLC law makes the process of forming a LLC relatively simple, it is less than half the battle—you will still need an Operating Agreement, appropriate permits and licenses, and a federal tax ID number. At The Law Offices of Donald W. Hudspeth, we put our personal experience as small business owners and our decades of work as Arizona LLC attorneys to work for you. We will guide you through every step of the process, ensuring compliance with federal and state laws, and getting your business off the ground without a legal hitch. Arizona LLC basics •A designated name for the LLC •The location of its registered office •A statutory agent for service of process in Arizona •Its date of dissolution (if its existence is to terminate within a certain time frame) •A statement indicating if management will be exercised by managers or members •Names and addresses of each manager or member who is responsible for management Arizona LLC formation ..... (The main doc. is less than 550 words!) LLC attorneys in Arizona Call us at 602-265-7997, toll free at 866-696-2033 or contact us online today to arrange a consultation, and build your business on a solid legal foundation from the very start. more

Buying or Selling a Business in Arizona

Buying or Selling a Business in Arizona I am a business attorney in Phoenix Arizona. Here are some tips for buying or selling a business in Arizona: BUYING A BUSINESS IN ARIZONA 1. Business Brokers, Pros and cons 2. Due Diligence in the Purchase of an Arizona Business 3. The Agreement for Your Purchase of a Business in Arizona SELLING AN ARIZONA BUSINESS 1. The Business Broker 2. Due Diligence in the Sale of a Business for the Seller 3. The Sales Agreement for the Sale of a Business in Phoenix or Arizona These are just some of the things you need to know about the purchase of a business or the sale of a business in Phoenix or Arizona. I hope you will contact and retain this business law firm to represent you as you prepare to buy or sell a business in Arizona. If you have any questions about business law, call The Law Office of Donald W. Hudspeth at: 602-265-7997 or toll free at: 866-696-2033, or contact us at: TheFirm@azbuslaw.com. We are Phoenix's business law resource. ----------------------------------------------------------------- more

Working Beyond Your Means

Character and the trouble it can cause you and your owner-operated business: If you, as a small business, don’t add the “Structure” of Goals, Roles and Controls internally to support the volume weight of growth, then the business will either be crushed by the weight of organizational problems and internal dissension or “max out’ at the level of skill and time contributable by the owner. I see it all the time: The company may grow rapidly from nothing to $4-5,000,000.00 based on its owner’s Character, its skill set and value proposition, then will stop growing as the founder still tries to do and decide everything. Sometimes the founder acts or reacts “jealously” over power, or greedily over money (because the company is “my baby”); sometimes the founder or dominant owner acts “valiantly” (because nobody can do it as well or cares like I do, which may be true up to a point). But, even the valiant founder will stifle the organization’s growth and success if structure does not augment character. Whatever the reason, the failure to add Structure to Character will stifle, if not destroy, the company. more

The Importance of Trademark Due Diligence

It goes without saying that most entrepreneurs would never consider buying an existing business without first conducting the proper due diligence on it and its present owners. The idea is to try to uncover those more latent issues and potential pitfalls that could be extremely costly to a new business owner: environmental concerns, debts, creditor and other financial information, pending litigation, tax and/or other liens, etc. Anyone who has gone through this process also knows that it can be time consuming and, more importantly, costly – but all insurance is. This brief overview explains the proper process. . . more

Publicity Rights in Ads: Obama vs. Weatherproof Co.

In early January 2010, the Weatherproof outerwear company blatantly challenged a request from the White House to dismantle a massive advertisement the company placed in Times Square, New York. The ad prominently featured the President wearing a Weatherproof jacket. The Weatherproof outerwear company ultimately dismantled the ad but not before benefiting by a great deal of publicity both in Times Square and in the general media. This brief article unpacks the legal significance of the publicity rights issue. . . more

USPTO Trademark Office Actions

The United States Patent and Trademark Office (USPTO) reviews each trademark application that is filed in the United States. The USPTO often issues what are known as “office actions” to applicants that describe the legal status of the applicant’s trademark application. It is important for applicants to understand the different types of office action letters and how to respond to them. This brief guide explains several of these types of Office Actions. . . more

Understanding Trade Dress

Businesses work hard to develop the visual appearance of their products so that the product is easily recognizable and associated with the good will of the product and company. Visual appearance, like written words or recipes, is an important part of a company’s intellectual property. The appearance of a product, building or anything else associated with the business is known as its trade dress. This brief article helps explain this legal concept in a concise manner. . . more

Understanding Trade Secrets

Trade secrets are confidential and specialized pieces of information that are unique to the business and important to its profitability. As such, the law provides special protections for trade secrets.more

Trademark "Secondary Meaning" Explained

A trademark that has acquired secondary meaning means that the trademark has become recognized as a brand for specific goods and services from a single source.more

Litigation Project Management -- Why Use Workflow?

There are 3 key elements that are all pre-requisites for achieving workflow success: People, Workflow Process, and the Technology. So, if you have found yourself in a situation where you don’t have defined processes, accountabilities are uncertain and deadlines are sometimes missed, then perhaps you have a workflow problem. Getting all 3 aligned is absolutely essential to ensuring your workflow, works. As you strive to improve your workflow, this article addresses some key factors to consider.more

Why Busines People Get Frustrated With Lawyers

Why do business people get frustrated with lawyers? Because lawyers often do not understand their business strategy and management issues. As a result, corporate and intellectual property lawyers are unable to integrated legal advice with business priorities. This blog post discuss an alternative to traditional legal advice -- Legally Informed Strategy -- that addresses this problem.more

Tying Outside Legal Costs to Value

The most important trend in the legal industry is connecting a client's value of a matter to the fees charged by law firms. Corporate counsel have become the market makers and change agents and are requiring firms to become efficient and effective providers of services. This article addresses the issues leading away from the billable hour and toward the alternative fee arrangement. more

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