Advertising Agency Angered Competition, Who is at Fault?

Question: My advertising agency recently designed and posted an aggressively worded billboard that angered my competitor. If I get sued, who pays –my advertising agency or me?

Answer: That depends. You may have a claim against your agency and who ends up paying will likely depend on a judge or jury determination as to fault. (more…)

How to Protect My Business’s Common Name

Question: My business has a fairly common name, A-1 Lawn Care. How do I protect my name from being used by others?

Answer: You should pick your name after having your counsel conduct a full name search (which should include not just the Secretary of State’s office, but a common law and federal search) to make sure it is available. (more…)

Corporate Policies To-Do List Suggestions

Question: On a “to-do” list for good corporate policies, what should we be doing?

Answer: First, preserve the at-will relationship. Avoid promises about job security. Second, regularly review (more…)

Contract Cut Short, Can I Sue for Lost Revenue?

Question: My contract with a major hotel chain property was supposed to extend through 2010. But now they say I’ve been replaced. Can I sue them for the lost revenue?

Answer: If the contract you and the hotel signed clearly extends through 2010, you need to know the basis of the hotel’s decision. Does the contract allow for termination under certain circumstances? (more…)

How Long Should I Keep Business Documents on File?

Question: What business documents must I retain on file? And for how long?

Answer: Time and space does not allow a full answer here, but suffice it to say that records management is crucial. Not only does proper record management ensure (more…)

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