This post is part of a series of posts entitled A Guide To Intellectual Property Protection. For a comprehensive list of articles contained in this series, click here. Identical Inventions Developed By Two Separate Inventors One of the main changes adopted by the America Invents Act relates to determining how to award patent applications when…
This and the following posts have been copied or adopted from A Guide To Intellectual Property Protection, published through a collaborative effort by the Minnesota Department of Employment & Economic Development and Merchant & Gould. Preface to A Guide To Intellectual Property Protection Innovation, invention and the process of translating ideas into products and services has…
In this video, you’ll get answers to these questions: What is a DBA? Why would you want a DBA? Who can get a DBA? How do you get a DBA? How long does a DBA last? What is an assumed name? (Minnesota) What is a fictitious business name? (California) What is a trade name? (Louisiana)…
In the business world, rewarding key employees is critical for sustaining a motivated and engaged workforce. Yet, while financial incentives such as bonuses, stock appreciation rights, or phantom stock plans are often seen as straightforward solutions, their effectiveness is increasingly called into question. Despite their widespread use, financial rewards may not always yield the desired…
The growth of the life coach industry has raised many questions about whether life coaches are providing counseling services that require a license. In short, some counseling requires a license but other counseling does not. On the spectrum of counseling services provided, the edges are black and white, but in the middle is a blurry…
In this video, you get answers to these questions: What are the pros and cons of a 501(c)(3)nonprofit organization? What is a 501(c)(4) social welfare organization and what are its pros and cons? When are 501(c)(4)s and 501(c)(3)s a good idea? What about business entities? What are the pros and cons of a Public Benefit…
Note: This article is based on Minnesota law. The law in other jurisdictions may vary. Most nonprofit organizations—including charities, churches, hospitals, and schools—eventually come to an end. As an organization’s Board of Directors prepares to close the doors and terminate, it needs to determine what to do with the organization’s remaining funds. That is, the…
Gain insights into negligent misrepresentation, its key elements, and defenses; learn what courts consider and stay informed about potential remedies and legal standards.
Navigate the intricate landscape of shareholder rights in Minnesota and discover how these legal protections could impact your investments and corporate governance.
Can you rely on information provided to you by your employee, attorney, or CPA? For example, imagine a reliable employee tells you that she completed a task—do you have a legal duty to verify she completed it or can you reasonably trust her statement? Right to Rely on Information The right to rely on information…
Do corporations need paper stock certificates? No. Most states allow uncertificated shares. The “stock certificate” or “share certificate” was historically used as proof that someone was a shareholder in a corporation. In today’s world, as companies and shareholders are trying to become “paperless,” corporate laws generally allow companies to avoid stock certificates. This includes paper and…
In this video, you get answers to these questions: What are the most common legal problems for YouTubers? What are examples of influencer legal problems? Why are influencers targeted for lawsuits? How much do YouTubers usually spend on attorneys? Who spends more on lawyer fees, YouTubers or other businesses? How can YouTubers and influencers avoid…
In this video, you get answers to these questions: Video Transcript Should you create a second LLC or use a DBA? That’s the question I’m answering today. One of our subscribers asked a question. He said, “I’m looking at expanding into a new area. It’s an area unrelated to my first business. Should I…
When business owners want to give back to their community and support their philanthropic values, they sometimes ask me how much it costs to start a tax-deductible charitable donation. This article summarizes the costs (as of 2020) to creating your own 501(c)(3) nonprofit organization. What are the costs to set up a 501(c)(3) nonprofit organization?…
In this video, you get answers to these questions: What are my rights if someone copies my social media post? What is United States copyright law? What is a “work”? What are your options when handling this issue? What are problems that can occur with copyright infringement lawsuits? When does it make sense to go…
In this video, you get answers to these questions: Would sports and fitness trainers benefit from an LLC? Does an LLC limit the liability of the person doing the work? How would an LLC limit your liability as a trainer? When is an LLC helpful? What else should you consider when deciding between an LLC…
When someone is holding on to property for another person, bailment law usually applies. This often includes storage facilities, warehouses, and transportation companies, for example. What is Bailment? “Bailment is the legal relation arising upon delivery of goods without transference of ownership under an express or implied agreement that the goods be returned.” Wallinga v….
This question recently came up in my law practice: Can a company officer be personally liable for defamation? The answer is simple: Yes. Minnesota courts have held that an officer of the company can be personally liable for defamatory statements when the officer was involved in “directing, authorizing, and approving a defamatory [statement].” See Derosa…
When you file a motion in court, one of the documents usually required is a Memorandum of Law (also known as Memorandum of Law in Support of the Motion). Your Memorandum of Law is where your legal arguments are located. This is where your persuasive skills are applied. Thus, it is important to know how…
In this video, you get answers to these questions: What is an example of estoppel? When does this come up? What is an example of estoppel coming up in litigation? How do you avoid claims of estoppel against you? Introduction Estoppel is a legal doctrine that prevents someone from asserting a claim or a right…
Parties to a Minnesota lawsuit must have a Rule 26 discovery conference, which is often done by phone, to discuss how they will handle the discovery and evidence in their lawsuit. The requirements for this are found in Rule 26.06 of the Minnesota Rules of Civil Procedure. When must a Rule 26 discovery conference be…
In this video, you get answers to these questions: What are the steps in buying out a business owner? Are you getting along well with your business partner? Can you force a business partner out of the business? What can you do if you don’t have an agreement in place? Video Transcript What are the…
In this video, you get answers to these questions: How do you appraise the worth of your company? What are your options in determining the value of the company when a business owner leaves? Should you hire an appraiser? What is Solomon’s choice? How important is it as a business owner to consider the…
In this video, you will get answers to these questions: Can a business owner be fired? Do they have a right to employment? Is it legal to fire a business owner? What is a reasonable expectation of employment? How can your employment be terminated? Video Transcript Can a business owner be fired? Do they have…
In this video, you get answers to these questions: What information must a company share with its owners? What is the proper purpose to have when requesting information? What are your rights as a business owner? What are your obligations if a business owner requests information? What are the statutes? While it may seem like…
In this video, you get answers to these questions: Can I register a “dead” or abandoned trademark? What is a dead or abandoned trademark? What is trademark protection? What can lead to trademark infringement? Video Transcript Can I register a dead or abandoned trademark? That’s a question I’m going to answer today. I’m Aaron Hall….
In this video, you will get answers to these questions: What are the major terms and considerations in the sale of a company? What are the major terms and considerations in the purchase of a company? What are the fiduciary duties that business owners owe each other? If business owners are fighting, what options…
If you have received a cease and desist letter, you are probably feeling a mix of anxiety and confusion. Attorney Aaron Hall explains what a cease and desist letter actually is, whether you are legally required to obey it, and what you should consider before deciding how to respond. In this video, you will get…
In this video, you get answers to these questions: What is a demand letter? What are the takeaways from this lawsuit? Why is it important to hire an attorney when responding to a demand letter? Why is it important to take a demand letter seriously? Video Transcript What is a demand letter? I’m Aaron Hall,…
In this video, you will get answers to these questions: Should my spouse and I own an LLC together? Is there any other reason to have the company owned by two business owners? Are there any consequences of having 50/50 ownership? Video Transcript Should my spouse and I own an LLC together? That’s the question…