It is important to include web site disclaimers. Disclaimers put visitors on notice and are essential to limiting the liability of the web site owner. As with other disclaimers, web site disclaimers should be easy to find and easy to understand.
Software and information vendors may want to review the enforceability of their computer software or information related licenses including shrink-wrap or click-on licenses in light of a proposed new uniform law.
It is important to recognize that in most cases, the original creator or author of the copyrighted work is the owner of the copyright. If an employee of a company creates the work, the copyright may belong to the company under the work-made-for-hire doctrine of the United States Copyright Act (17 U.S.C. § 201(b)), provided the work is created within the scope of his or her employment.
As the Internet grows into a serious business tool, security has become a major issue. There are many security systems and products which can be put in place to ensure that hacking and other security breaches do not occur.
Federal Internet Gambling Laws Internet gambling violates provisions of federal law under 18 U.S.C. § 1084. This section prohibits the foreign or interstate transmission of bets or wagers or information on bets or wagers by use of a wire communication. For example, operating an off-shore sports betting operation that utilizes the telephone system within the…
A written employment contract should be used to specify the rights and duties of both the employer and employee. Contracts clearly define all the terms and conditions of employment and prevent future disputes. Employment contracts should be prepared with an understanding of how the law and Internet technology will affect the employer/employee relationship.
One method of reducing an employer’s liability is to monitor or at least have the right to monitor employee e-mail. There are limitations to the extent an employer may monitor e-mail. Statutes have carved out exceptions to allow a company to monitor employee activity where there is a legitimate business purpose.
This post is part of a series of posts entitled A Legal Guide to the Internet. For a comprehensive list of articles contained in this series, click here. To determine how the law of the Internet applies to employees, one must first determine whether an individual is an employee. There is not always an…
What is rent escrow? Rent escrow is an action that a tenant may take against a landlord to receive relief from the landlord’s failure to repair housing violations. Minnesota Statute § 504B.385 governs this process. When a landlord fails to make repairs after being notified of certain housing violations and lease violations, the tenant may…
As a franchise attorney, I have seen the work of a number of franchise attorneys. If I were to have a conflict of interest and had to refer a franchisor or franchisee to another franchise attorney, a few local franchise attorneys stand out in my mind. These franchise attorneys understand franchise law well and would…
Landlords of residential property in Minnesota must send their tenants (renters) a Certificate of Rent Paid (CRP) form by January 31 each year. Landlords can get this form from the state by searching for “CRP form” at http://www.revenue.state.mn.us/. What is the Purpose of the CRP Form? Minnesota law gives tenants (depending on income and amount…
Our law firm recently received a scam email from one Nelson Thomas. In his emails, Nelson Thomas claims that one Bradley Gibson owes him $124,000.00. The emails our firm received are published below.
For a list of similar scam emails, see our post on scam emails targeting attorneys.
A trademark or service mark is a word, name, symbol or device used to identify goods or services and distinguish them from others. Trademarks and service marks indicate both the source of origin and quality of the goods or services with which they are associated.
Prior to the enactment of ICANN’s dispute resolution policy (commonly known as the “UDRP”), NSI had enacted a dispute resolution system that permitted a trademark owner to challenge a registration where the domain name was identical to the registered trademark and was registered after the registration date of the trademark. If these factors were met, NSI…
How to Acquire a Domain Name Virtually anyone can register a domain name by selecting a domain name, contacting a “registrar,” and paying a fee, which generally ranges from $5 to $35. The term “registrar” is used to denote an organization that is able to register an available domain name. A registrar is distinguishable from…
Upon execution of this lease, Tenant will deposit with Landlord the sum of Dollars ($ ), which is to be held as collateral security and applied on any rent or any other charge that may remain due and owing at the expiration of this agreement, any extension thereof or holding over period or applied on any damages to the premises caused by the Tenant…
Below is a sample real estate purchase and sale agreement. This template provides an example of a document that would be used in a purchase or sale of real estate. As with any legal document, you should not use this template without consulting with an attorney licensed in your area. Sample Template REAL ESTATE PURCHASE…
he Buyer wishes to be provided with the Services (defined below) by the Service Provider and the Service Provider agrees to provide the Services to the Buyer on the terms and conditions of this Agreement.
Tenant is taking the Premises and accepting the condition of the Premises “AS IS” and Landlord is under no obligation to make any structural or other alterations, decoration, additions or improvements. Tenant shall not make, and shall not commence, any improvement that has not been previously approved by the Landlord.
Company shall pay the Independent Contractor according to the following terms and conditions:
Download this Sample One Time Sales Agreement Template in DOC format → One-Time Sale of Goods Agreement This CONTRACT FOR SALE OF GOODS is made this __ day of _______, 20__ by and between ______________, a [STATE OF ORGANIZATION OR RESIDENCE] [CORPORATION/PARTNERSHIP/SOLE PROPRIETORSHIP/RESIDENT], with its principal place of business at [COMPLETE ADDRESS], (“Seller”) and ___________,…
The parties wish to provide for the employment of the EMPLOYEE by the COMPANY. B. The EMPLOYEE wishes to receive compensation from the COMPANY for the EMPLOYEE’s services, and the COMPANY wants reasonable protection of its confidential business and technical information
As free educational resources for the public, attorney Aaron Hall offers a variety of contract templates. Sound contracts and agreements are vital to business owners. These contracts are geared toward providing favorable terms for a business owner. That is, the contracts were drafted with a bias towards protecting the business owner, not the other party….
What is a Trademark? A trademark protects words, phrases, names, sounds, logos, symbols, designs, or a combination of these elements used to identify or distinguish the goods and services of one company or individual from that of another. Trademarks should not be confused with copyrights. Copyright protects original artistic and literary works like music, books,…
Once zoning ordinances are established by the local legislature, it is possible to appeal the zoning decision and to subsequently try to change the local zoning ordinance. Minnesota Statute § 462.357 subdivisions 3 through 6 addresses these processes. Local property owners that are affected by a zoning ordinance may raise an appeal. Changing a local ordinance…
When is a Permit Required? One of the first steps to any successful construction project is to obtain the necessary building permits. Building permits are regulated locally and will vary depending on the town or city your project is located in. Generally, you will need a building permit for any new construction, reconstruction, or structural…
In a municipality the governing body may choose to issue a conditional use permit for certain types of developments. Minn. Stat. § 462.3595. Getting such a permit allows for a use to be specifically allowed in a zoning district as long as certain standards are met. A conditional use permit leads to land development in…
Eminent Domain & The United States Constitution Under the United States Constitution and Minnesota’s Constitution, the government has the authority to take private property. This power is called eminent domain. What this means is that the government, at any time, has a right to anyone’s property if it is determined that the government is going…
Licenses Required for Minnesota Contractors There are a number of licenses required for different activities under Minnesota Law. The best way to determine what licenses are needed for any given project is to visit the Minnesota License website at http://mn.gov/elicense/. On that website, click on “A-Z Indexes” or “Browse by Topics.” If the information there…
Subdivision platting is the process of splitting one larger piece of land into several smaller pieces of land. Generally, this plat, or map, is drawn for the purpose of selling off the smaller pieces of land. These pieces of land are frequently built upon before being sold, often by the same home builder – which…