The Fine Print: The “Entire Agreement” Clause

July 1, 2009

Near the end of most contracts, there’s a paragraph, usually entitled “Entire Agreement,” that says that the contract represents the entire agreement of the parties. Lawyers call this an “integration clause,” and its purpose is to prevent one of the parties from later claiming that they agreed to something that isn’t in the written document. [...]

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The Fine Print: Does it Matter What an Arbitration Clause Says?

June 30, 2009

Michael Jackson taught me that the wording of an arbitration clause really does matter. Several years ago, I was an attorney at a large law firm that represented Mr. Jackson. I worked on a couple of cases in which he was accused of violating the terms of a contract, and the plaintiffs were seeking millions [...]

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The Fine Print: What are Arbitration and Mediation?

June 29, 2009

At the end of almost every contract, there’s a series of clauses with titles like “Entire Agreement” and “Choice of Law.” Most people who sign contracts don’t want to read this stuff — it has little to do with the terms of the deal and it sounds like a bunch of legalese that doesn’t matter [...]

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New Loans for Small Businesses

June 19, 2009

A couple of new loan programs could help struggling small businesses. Banks began taking applications on Monday for small business loans under the federal government’s America’s Recovery Capital program. These loans, available through the Small Business Administration, can supply existing businesses facing immediate financial hardship up to $35,000 to pay down existing debt. Among the [...]

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Small Businesses Aren’t Protected By the New Credit Card Law

June 5, 2009

At first glance, the Credit Card Accountability, Responsibility and Disclosure Act signed by President Obama last week sounds like a great thing for  small businesses, especially those that have begun to rely on business credit cards to provide financing.  But the Act limits rate increases and penalties only for individual consumers — not for business [...]

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Naming Your New Business

May 28, 2009

Choosing a name for a small business is a big decision.  Its easy to get caught up in the marketing angle: is it catchy, will it drive sales, can I get a cool logo to go with it?    But there are legal considerations too:  in fact, Ohio laws place certain restrictions on the names you [...]

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Employee Noncompetition Agreements: Recent Court of Appeal Decision

May 26, 2009

Can a small business owner prevent his former employees from going to work for a competitor?  Probably not, says a recently-published Ohio Court of Appeal decision, unless the employee has signed a noncompetition agreement. In Hydrofarm, Inc. v. Orendorff, 180 Ohio App. 3d 339 (2008), the Court of Appeal refused to stop a former employee [...]

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Friday Reading: Commercial leases, iphones and Job Interviews

May 22, 2009

Here’s a quick roundup of some interesting articles for small business owners that I read this week: Commercial Leases Looking to lease some space for your small business?  It’s a great time to be a prospective tenant, or a tenant who wants to renew a lease.  The economic downturn has left plenty of retail and [...]

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Do I Need a License or Permit for my Business? Helpful Links

May 18, 2009

You’re starting a new business:  does it need to be licensed in some way?  Is there a permit you should get?  And how do you even find out? A good place to start is the 1st Stop Business Connection, sponsored by the Ohio Department of Development and the U.S. Small Business Administration.  Provide some details [...]

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How Do I Get A Copyright?

April 2, 2009

“I just wrote a book/wrote and illustrated my own graphic novel/recorded the song I wrote.  What do I need to do to copyright it?” The short answer is, nothing.  But you might benefit from registering it with the United States Copyright Office. Copyright protection extends to “original works of authorship fixed in any tangible medium [...]

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How an Employment Agreement Can Protect You From Competition by Former Employees

April 2, 2009

In The Office last week, Steve Carell’s character, Michael, quit his job at Dunder Mifflin, and while waiting for his two weeks’ notice to expire, he hatched a plan:  he’d form a competing paper company!  He tried to convince most of his co-workers to join him, and he doctored up Dunder Mifflin’s order forms to [...]

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