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Fend Off Franchising Fiascos

Costco ThumbnailWhile by no means risk free, franchising can offer a shortcut to business success. Nancy Lanard offers these vital tips to anyone considering buying a franchise: Read the entire disclosure document received. It describes vital information about the investment you will be making. 

Read more of this article on Franchising.

Reprinted with permission from The Costco Connection,
a magazine published by Costco Wholesale Corporation

  

Technology and the Law: Lost database is not insured

If you can't reach out and touch it, it is not insured. That was the gist of a court's ruling in a lawsuit brought by a company that lost a large amount of electronically stored data when an employee inadvertently pressed the delete key on a keyboard. The company looked to its insurer to cover the expenses for restoring the data and to recover lost income caused by the disruption. The insurer denied coverage on the basis of policy language that limited coverage to a direct physical loss of or damage to covered property.

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Got a Gripe? Start a Website

The ACPA only applies to someone who, with a bad-faith intent to profit, registers or uses a domain name that is identical or confusingly similar to that owned by someone else. Everyone agreed that the part of Joseph's website in which he aired his own complaints against the builder had no profit motive or commercial aspects, but the builder tried to argue that the Treasure Chest was a mingling of commercial activities with personal gripes.

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Confronting Employee Theft

To best protect its interests, an employer who suspects that one of its employees is stealing should immediately consult the company's attorney for advice. To proactively help a small business owner control employee theft, an attorney will counsel the small business owner as to what is permissible under the law. In both cases, an attorney will counsel the small business owner and suggest steps to take.

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On the Road to a Franchise

A franchised business can be an attractive option both for the business owner and investor. The owner (franchisor) has the opportunity to expand the businesss customer base and collect royalties based on the investors hard work and success. Franchising allows the investor (franchisee) to enter a business that, in theory, has a developed and proven track record.

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Navigating the Murky Waters of Non-Compete Agreements: How to Avoid Stormy Seas and Promote Smooth Sailing to Protect Your Business

As captain of the figurative ship, you want to prevent your sailor employees from leaving one day to sign up at a competing port of call. A non-compete agreement, restricting an employee from going adrift and joining a competitor for a reasonable period of time after she leaves your voyage, can effectively shore up customer goodwill and proprietary business information, provided that the agreement is enforceable under Pennsylvania law.

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Choosing a Business Entity

The choice of an entity is often the first important legal decision that an entrepreneur must make. In the last few years the choices have become greater. An individual business owner can have a sole proprietorship, corporation (C or S) or limited liability company. An organization with several owners can be formed as a general partnership, corporation, or Limited Liability Company ("LLC") (note limited partnerships and Limited Liability Partnerships will not be discussed in this article). On what basis does a firm make this important decision? Certain key factors help to form a guide in answering this question.

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Legal Issues in Real Estate Leases

It can seem quite daunting when first faced with a commercial lease that is filled with pages of terms and conditions. How does a potential tenant decide the important issues? Most prospective tenants are concerned with the business terms of the lease - what is the rent, what are the additional charges, repairs and maintenance responsibilities? However, the legal issues, if not properly addressed in the lease, can be extremely costly to the tenant.

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Protecting Intellectual Property

The average person has a great deal of confusion about the difference between patents, trademarks and copyrights. Each of these protect a valuable asset of an individual or business.

'Trademarks" are logos, names or symbols that are used on products. "Service marks" are logos, names or symbols that are used on services. These marks are used by the company to distinguish their product or service from their competitor's. The purpose of trademark law is to protect unfair competition and avoid confusion in the marketplace. Trademarks protect a company's goodwill that is gained when customers associate a mark with that company's product or service. For example, Toys R Us is a valuable trademark of a national toy store. If a toy store wanted to open with the name "Play Things R Us", this would constitute an infringing trademark.

Copyrights are used to protect original expression, including literature, art, music, choreography, video games, CD-ROM's, flow charts, articles and designs. The difference between copyrights and trademarks is often confusing to people.

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Top Ten List of Grammar Errors to Avoid in Business Letters!

The surest way to diminish your company's otherwise sharp business communication is to pepper your presentation with simple grammar errors. Nothing causes a client to discount your message more quickly than to spy one of these top ten common mistakes in your letter!

This list provides an easy path toward keeping your business colleague's attention on what's important: your underlying ideas. Dust off your grammar school rules and clean up your correspondence by avoiding these top ten errors: ...

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THESE ARTICLE ARE NOT INTENDED TO PROVIDE LEGAL ADVICE. IF YOU WOULD LIKE TO DISCUSS HOW THE INFORMATION IN THESE ARTICLES RELATES TO YOUR SPECIFIC SITUATION, PLEASE Contact the Law Offices of Nancy L. Lanard, P.C.

You are welcome to copy and distribute these articles for non-commercial purposes as long as the following information is included:

Nancy L. Lanard, P.C., 2006. All rights reserved. Contact information: Nancy L. Lanard, P.C., 1515 Fulton Drive, Maple Glen, PA 19002-3005, phone: 215-525-1165; fax: 215-542-0346; Email Me; web site: http://www.lanardlaw.com/

The business and franchise lawyers at the Law Offices of Nancy L. Lanard, P.C. serve clients all over the United States, including the states of Delaware, New Jersey, and Pennsylvania. Regionally, we remain committed to representing clients in the counties of Philadelphia, Bucks, Montgomery, Delaware, Chester, Berks, Lehigh, and Lackawanna, including communities such as Abington, Allentown, Ambler, Bethlehem, Blue Bell, Bryn Mawr, Cheltenham, Dover (DE), Doylestown, Dresher, Easton, Elkins Park, Ft. Washington, Glenside, Harrisburg, Hatboro, Horsham, Jenkintown, King of Prussia, Lancaster, Lansdale, Lower Gwynedd, Maple Glen, Media, Norristown, North Penn, North Wales, Oreland, Paoli, Plymouth Meeting, Reading, Springfield, Spring House, Upper Gwynedd, Villanova, Warrington, West Chester, and Willow Grove.

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