Facebook
Home Business Law Page 2

Business Law

Protect Your Business Productivity Software!

Protect Your Business Productivity Software!

Great Ideas for Protecting your Business Productivity Software
The key with any software program like business productivity software is that you need to protect your ideas. With so many different programs out there that deal with business productivity software, how do you determine that yours is unique and one that will make a difference?  What is crucial in this respect is that you protect your software so that it is yours and cannot be copied by people that want to find a cheap way to make a few bucks.

Get a Trademark, Patent, or Copyright
When it comes to keeping your ideas and business productivity software safe, you need to get one of three things or a combination of them. 
The biggest way you can protect yourself is through a patent. You will find that it will cost some big dollars to get a patent and you will want to hire a patent attorney that can get it done for you efficiently. Patents are only good in their country of issue, so you’ll potentially have to patent it a few times.
There are also trademarks which add a “TM” to the name. What this basically does is give you an ownership over a name, and you can add on the registered symbol. You may want to trademark multiple things and it is a relatively easy process. Make sure that you search the trademark database to make sure yours isn’t there already or that there isn’t one that is highly similar. Compared to a patent, the cost of obtaining a trademark is miniscule.
Your other option would be a copyright. With a copyright, you get a lot of protection for very little cost. The copyright will keep your business productivity software safe in the sense that it will protect the code, the software, and the documentation that you have. Your copyright kicks in the minute that you publish it. However, you should formally register it so that you are able to protect it even more.

Hire a Firm or an Attorney that Deals with These Laws
It can be difficult to stay on top of all of the laws and regulations that go along with a copyright, trademark, or patent. Therefore, it is important to find an attorney that specializes in this.
There are all kinds of different attorneys out there, but you want the one that specializes in patent law. The thing with patents is that they are expensive and the paperwork is tricky, so it is wise to hire an attorney to handle this process for you instead of trying to muddle through it yourself, which may end up costing you more in the end. Pay a professional to patent your business productivity software; it is well worth it.
Use an attorney for the trademarks and the copyrights too. There are a few tricks to registering these, so do yourself the favor of hiring an attorney. If you want to make sure that you get what you need for your business productivity software, do it the easy way. Sure, you’ll pay them a few dollars, but it is well worth the hassle it prevents.

Keep Your Business Firewall Software Safe!

Keep Your Business Firewall Software Safe!

Important Ways to Legally
Protecting your Business Firewall Software

There are
different ways that you can legally protect your business firewall
software.  Understanding the different ways that you can protect your
business firewall software and ensure that your ideas are safe is crucial. You
want to keep your ideas and software programs to yourself and ensure that no
one else has the ability to take an idea that is too close in similarity to
yours and make money off of it.  

Get a Patent

The best way to protect yourself is through a
patent. A patent is a legal protection for the inventor. With a patent, it
excludes others from making, using, importing, or selling the invention. This
makes an idea legally yours!

A patent is good for 20 years from the day it was filed so long as all fees and payments are made. The important thing to remember is that a U.S patent is only valid within the United States and does not carry any weight in another country.

For people
creating business firewall software, the good news is that can now patent the
product, whereas in the past they were not able to do so. To get a patent, it
generally costs between $5,000 and $20,000, so be prepared to pay for it. Do
yourself a favor and hire a patent attorney to make sure everything is done
correctly. It is a lot less stress on your part if you are able to have an
attorney help you through it.

Look at a Copyright

Copyrights are a great way to prevent a competitor
from duplicating the firewall business software that you’ve created. This
copyright will protect the structure, the code, the sequence, and the look and
feel of the firewall business software. The great thing with a copyright for
your firewall business software is that it is done automatically when you
publish it. However, you should also file for a formal copyright.  The fee
for a copyright is generally very small, approximately $45, and is sent to the
Library of Congress.

Get a Trademark

Like a copyright, it is also easy to get a
trademark. This will basically serve as a mark so that people know that someone
owns it and cannot be used by someone else. It is one of the easier ownerships
to obtain.

You first
have to make sure that there is nothing else in the trademark database that
looks like that. Then you will apply online and pay a fee between $75 to $310
per month, depending on the company size and a few other factors.

Knowing the different ways that you can protect
your business firewall software is very important.  You want to be sure
that you are protecting your hard work. Hiring an attorney that can help you
get a patent, trademark, or a copyright will be a huge help. With an attorney,
you will have the ability to get the information that you need and fight to
keep your business firewall software exclusive to just you. 

How to Start an Online Business?

How to Start an Online Business?

What is an Internet Company?
An Internet company is an online business that is run through the Internet. The business models can be varied. An online business may include outsourcing of services, retailing, reselling items to other companies, supplying information, etc.
An internet company is a business that initiates and conducts its business model through the use of the Internet. Typically these companies are referred to as “dot-com companies” and are available through accessing a website that uses the top-level domain “.com”, which is means for “commercial use”.
Through the advancement of computer technologies the Internet has offered various companies with the ability to reach a maximum consumer base through the investment of a minimal cost. Although Internet companies typically provide a tangible good or service, the platform, or their mechanism to reach their intended demographic is primarily conducted through cyber space. 

How to Start an Online Business

Establishing an online business is a lucrative means to sell, market, and advertise a particular good or service. Before you start an online business, however, you must follow the basic rules of starting a business. 
Before you create your online business you must construct a business model that specifically states the focus of your intended business. If you would like to monetize your site, understand the various advertising and marketing strategies that are present in the Internet community.
The first step to starting an online business is registering a domain name. A domain name is the web address of the online business. It is the tangible website where consumers or clients go to access your particular products or services.
Choosing and registering your domain name is the first step to establishing your online marketplace. To do this, you must choose a name that is aligned with your product or service and conduct a search to observe if that particular name is available for purchase. After you have chosen your desired web address, you must access a certified registering authority to purchase the domain name. 
It is essential to understand the laws associated with domain names. The Internet Corporation for Assigned Names and Numbers is the non-profit corporation that presides over the Internet protocol address space allocation. In addition, this corporation regulates the protocol parameter assignment, the domain name system management procedures, and the root server system management functions. 
When choosing a domain name, be sure to avoid trademarked names. As is common with traditional businesses, trademark laws will apply to businesses and their respective domain names. Using a domain name that is trademarked or similar to an established company or existing product is referred to as “cybersquatting” and carries significant legal implications. 
Once you have established your online business, you should hire a web developer to assist in the physical creation of the website. 


Warnings
Be sure to watch out for website building services and hosting services that do not handhold you through the process of constructing your online business.
The Internet is regulated by law. Privacy laws and trademark issues must be understood in order to run a legal online business.

Property Management Companies

Property Management Companies

What do Property Management Companies Do?
Property management refers to the operation of commercial, residential, or industrial real estate. The role of a property management company is akin to the role of management in most forms of business. In addition to the aforementioned industries or sectors, property management also refers to the active management of personal property, equipment, and physical capital assets that are used to construct, repair, and maintain deliverable goods. 
Property management companies will deliver the processes, manpower, and systematically-based means to manage the life cycle of all property that is acquired, controlled, utilized, or maintained by a corporation or entity.
In essence, property management companies are middle-men. They act as the liaison between individual consumers, governments, and commercial developers to streamline the acquisition and maintenance of property and capital goods. 

Roles of Property Management Companies
There are a number of facets that comprise the property management industry. The most fundamental of which is the liaison between a landlord or property owner and the management firm operating on the tenant’s behalf. In this relationship, the property management company will accept rent, respond and address maintenance issues that arise, and provide a buffer for the landlord in regards to tenant constituencies. 
Property management companies will also manage the accounts and finances of real estate properties, as well as participate in the litigation with tenants, insurance companies, and contractors. 
The roles of property management companies, although varied, all focus on streamlining the relationship between property owner or developer and renter or builder. Through the delivery of resources and human capital, a property management company will ensure the acquisition of a maintained property.

Licensing Requirements
The licensing requirements for property management workers are regulated through state interpretation. In the United States, the majority of states require property management companies to be licensed as real estate brokers, although this licensing requirement is widely based on the assumption that the worker would be responsible for collecting rent or listing properties for negotiated transactions. 
A property manager may or may not be a licensed real estate salesperson, but in general, all property managers must be working under a licensed real estate broker. Maine and Idaho are two examples of states that do not require property managers to obtain a real estate license.
If licensed, a property manager can lease apartments, evict tenants, collect rent, garnish wages, and manage multiple properties at once. As stated before, the requirements to acquire a property manager’s license will vary from state to state. With that in mind, to obtain a property manager’s license an individual must determine their specific state’s requirements for a property license.
Once you have observed your specific state’s requirements for a property manager’s license, you must complete a State-approved property management course. Following the completion of this course, you will be required to submit two forms of identification and fingerprint cards which will be used for a background check. 
You must complete coursework that is aligned to your prospective role. For example, buying practices, listing practices, and developing ethical practices is a fundamental course load for a property manager. Upon completion, you must pass the real estate property management exam to obtain a property manager’s license. In addition, depending on the state in which you are operating, you may be required to obtain a broker’s license.

Trucking Companies and Their Licensing Requirements

Trucking Companies and Their Licensing Requirements

What is a Trucking Company?
A trucking company is, in essence, a middle man. Trucking companies deliver goods, raw materials, or possessions by truck to various locations or hubs for redistribution. Trucking companies connect the domestic markets by shipping goods and possessions to individuals in a timely manner. The United States’ infrastructure enables trucking companies to ship products to various locations within the United States in a timely and cost effective manner.
Trucking companies are composed of two essential components: the corporate side, which sets up deals to manufacture and purchase trucks, and the truck drivers, who are the individuals who physically drive the trucks, and thus, ship the possessions or goods from one location to another. Truck drivers provide a crucial service to industrial societies by transporting raw materials or finished products to their intended locations.
Trucking companies will take a finished product or a bundle of raw materials from a manufacturing plant and deliver them to distribution or retail centers for sale. Without the inclusion of a trucking company, or more specifically a truck driver, retail centers would fail in receiving their goods for distribution.


License Requirements
According to transportation law in the United States, all truck drivers must meet specific regulations and pass a series of examinations to obtain a trucking license. The United States employs a classification system, where truck drivers are mandated to obtain a Commercial Driver’s License in order to operate a commercial motor vehicle. These licenses must be acquired for all operations using vehicles in excess of 26,000 pounds.
To obtain a Commercial Vehicle License an individual must demonstrate a particular skill set. The applicant must pass a pre-trip inspection, a driving test, and a written test which covers the unique handling of a truck and the mechanical systems required to operate a vehicle of such size. The applicant must be at least 18 years of age, but the majority of trucking companies will only hire individuals who are over the age of 23 and have operated a truck for at least one year.
The testing requirements are stringent because the job is a solitary effort. Truck drivers are alone on the road and required to operate as well as maintain the vehicle without any direct assistance.

The United States Department of Transportation
The United States Department of Transportation is the Government agency responsible for instituting the requirements and tests needed to obtain a Commercial Driver’s License. The Department of Transportation organizes the licenses through the creation of a classification system:
Class A: The license for any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, but not in excess of 10,000 pounds.
Class B: The license required for all single vehicles with a gross vehicle weight rating of 26,001 or more pounds.
Class C: The license required for any single vehicle, or combination of vehicles, that fails to meet the definition of a Class A or Class B vehicle. Typically this license is needed to operate any vehicle that carries hazardous materials.

Understanding Gas Company Roles

Understanding Gas Company Roles

What does a Gas Company do?

Gas companies produce, manufacturer and distribute gasoline-based products throughout the world. Gasoline, also known as petrol, is a petroleum-derived mixture which is used for fuel in combustion-based engines. 
There are two forms of gas companies in the United States: private gas companies and public gas companies. Although this categorization is somewhat broad, it can be further defined by the roles in which gas companies deliver. A gas company, in the public definition, is a utility that provides gas to residents and various entities in a particular location. Public utilities are funded in part by a government agency, and the products delivered are considered necessities to property owners throughout the United States.
In contrast, a private gas company delivers petroleum-based products to motor-vehicle operators and various consumers in the United States. These companies are purely profit-based and will price their products in relation to the supply and demand of oil. 
Legal Issues Associated with Gas Companies

Although the services offered by gas companies are considered necessities, the underlying product contains viable threats to both human health and the environment. Gasoline contains hydrocarbons which are carcinogenic agents that, on a large scale, present an enormous threat to public health and the environment. In addition, the chemical structure of gasoline is highly flammable. When gasoline is heated or interacts with fire it is highly explosive.
Gasoline is also a source of pollutant gases. Gasoline produces carbon dioxide, nitrogen oxides, and carbon monoxide. When these gases are emitted through the use of an engine they adversely affect our atmosphere’s protective layers.
These characteristics present great challenges in regards to the safe use and delivery of petroleum-based products. The most common threats associated with gasoline companies are delivery spills. When gasoline is spilled (for example, when a delivery truck gets in an accident), the leaked gasoline is not only flammable but emits corrosive pollutants into the atmosphere. These pollutants also pose a threat to human beings. When gasoline is chronically inhaled it can damage one’s health.
The effects of a gas spill are typically catastrophic. The pollutants combined with the threats of a conflagration can precipitate deaths and an environmental disaster. When these unfortunate situations arise, the gas companies are held liable and are typically punished by various forms of government and sued by the individuals or entities of the particular jurisdiction in which the spill or leak occurred.
If mishandled or delivered in violation of safety protocol, the negative externalities attached could potentially cripple a community. As a result of the product’s inherent dangers and the stress it places on the environment, gases and our reliance on oil is a widely debated political issue. 

All The Facts About Insurance Company

All The Facts About Insurance Company

What does an Insurance Company
do?

Insurance companies are universally categorized
into two groups: Life Insurance Companies and Non-life Insurance Companies. A
life insurance company sells annuities, pension products, and life insurance,
whereas a non-life insurance company will offer general policies for the
protection against losses realized to consumer products or services.

Insurance is an economic and legal tool that
operates as a form of risk management for consumers and companies. An insurance
product is typically used as a form of hedge against the risk of a contingent
or realized loss. The product is defined as an equitable transfer of the risk
or a loss from one entity to another in exchange for a tangible payment.

As a result,
the insurer or company who offers insurance will sell the hedge or risk
management tool to the insured individual. The entity that purchases the policy
will be protected from damages or a loss attached to the underlying product or
resource. 

All insurance companies provide the risk
management tool to accrue a profit. Although insurance companies are in
business to realize a financial gain, the policies offered enable the consumer
protection against an elevated cost. All insurance companies utilize an
insurance rate, which is a factor used to determine the price charged for a
certain amount of coverage.

Principles

An insurance company can provide a policy for
seemingly any consumer product or valuable service. Houses, property, credit,
automobiles, boats, medical care, a person’s life, and various consumer
products are typically attached with some form of insurance policy.

An insurance company provides these policies to
a consumer base by pooling funds from multiple insured entities to pay for the
losses that may incur. As a result of this relationship, the insured entities
are protected from risk for a fee charged by the insurance company. That being
said, all insurance companies will evaluate particular scenarios and
individuals to ascertain which goods or entities are in fact insurable. An
insurance company will adjust the rates attached depending on the likelihood
that the individual or the good attached will incur damages and costs to the
insurance company.

All private insurance companies incorporate a
model which prices seven potential types of risks: accidental losses, large
losses, calculable losses, a definite loss, large number of similar exposure
units, an affordable premium, and a limited risk of catastrophically large
losses.

Legal Issues Attached to Insurance Companies

When an insurance company insures an entity,
there are basic legal requirements attached to the policy and the transaction
of the product. The following list contains examples of basic legality issues
that affect an insurance company’s business model:

Indemnity: The insurance company will compensate
the insured entity in the case of certain losses only up to the insured
interest.

Utmost Good Faith: The insurance company and
the insured entity are tied together through the agreement by a good faith
bond. The contract must be honored with honesty and fairness, and all material
facts must be disclosed in the agreement. A failure to institute the agreed
upon contractual obligation will result in a lawsuit and a termination of the
policy.

Insurable Interest: The insured entity must
directly suffer from the loss to realize coverage. The policy holder must
possess a “stake” in the damages suffered or the monetary loss of their insured
good or service.

Pharmaceutical Company

Pharmaceutical Company

What is a Pharmaceutical Company?
A pharmaceutical company is a business aligned with the pharmaceutical industry. Pharmaceutical companies develop, produce, and market various drugs and medicines to be used as forms of medications for various ailments or disorders.
Pharmaceutical companies deal with a wide array of drugs, in both generic and brand forms. As a result of their product and the side effects and potential dangers associated with medicinal drugs, all domestic pharmaceutical companies are stringently regulated by the United States Government.

Research and Development

To create medicine and various forms of drugs, a pharmaceutical company will embark on a process known as “drug discovery.” This process denotes the tangible creation and design of various drugs which are used to treat a wide array of ailments or disorders. This process is held separately from “drug development”, which refers to the activities undertaken after the specific chemical or compound is identified as a potential form of medication. Both processes incorporate a rich scientific understanding and are essential to the formation of all drugs and medicines.
Similar to other markets, the pharmaceutical industry incorporates a profit-based business model into the production of various drugs. Although a corporation will spend money to innovate and research potential elixirs to various ailments, the end goal of a pharmaceutical company is two pronged: realize a profit and produce a drug that harnesses benefits and penetrates the consumer market.
Controversy in the Pharmaceutical Industry

Before a drug can be produced it must be tested to eliminate any chances of dangerous or life-threatening side effects. As of late, there have been increasing accusations and findings that a clinical testing (administered and funded by the underlying pharmaceutical company) are more likely to deliver positive results for the preferred product.
In the United States, all pharmaceutical products must be tested and subsequently approved by the Food and Drug Administration of the United States Government before the product can be distributed to the consumer base. The drugs in question must be evaluated and regarded as both safe and effective before the product can be widely distributed and sold.
The process undertaken by the Food and Drug Administration involves the submission of an Investigational new drug filing which incorporates sufficient pre-clinical data to support proceeding with the involvement of human trials. If a pharmaceutical company fails to satisfy the testing requirements instituted by their particular government and the product yields significant risks to the consumer base, a recall or a termination of the drug will be administered.
Legal Issues

When a Pharmaceutical Company releases a drug without a proper understanding of the medication or without conducting thorough clinical trials of the product, civil lawsuits can arise given the occurrence of drastic side-effects.
If you have taken a commercial drug and were the victim of heinous side effects or a debilitating reaction, you are entitled to file a tort claim or malpractice case against the pharmaceutical company. Before you embark on such a trial, you must incorporate a legal professional who is well-versed in drug-related injuries. The goal of such trials or claims is to reach a financial settlement which will award the victim of the case an opportunity to recoup the losses incurred from physical and emotional damage.

Construction Company Overview

Construction Company Overview

What is a Construction Company?

Construction is directly tied into the fields of civil engineering and architecture. It is a process that consists of building an infrastructure. As a result of this role or procedural description, a construction company is responsible for building structures, in both the commercial and private sectors.
A construction company pools together a variety of resources to assemble all forms of structures in a streamlined and thorough process. A construction company is not a single entity and does not carry out one role, for they are large-scale multitasking agencies that incorporate a plethora of human capital and machines. 
To assemble a building, home, or structure, a construction company must operate in the most efficient manner possible. Typically, a construction site (the actual location where the infrastructure is assembled) is managed by a project manager and supervised by a construction engineer, a construction manager, and project architect. These individuals represent the hierarchy of the construction company. The supervisors and project managers delve out orders to the workers who physically assemble the foundation and the 
structure itself.
In addition to the hierarchy, the assembling of a building must be effectively planned. For the successful execution of any construction site, those involved with the building must incorporate a cost/benefit analysis which deals with numerous factors that stretch beyond the tangible aspects of construction. For instance, the environmental implications of the job, the successful scheduling of the construction project, the budget, and most importantly the safety measures of the project should be exhaustively planned.  
Legal Considerations

The construction of a building or a private home must fit into the legal framework governing the particular property. The construction company must work in accordance with the laws which govern a particular piece of land. These laws include the governmental regulations for the use of the property and all obligations that are created in the tangible process of construction. 
All construction projects must adhere to the specific building code and zoning requirements established by the particular local government which resides over the property in question. Constructing a project that fails to follow these codes will not benefit the owner and will reveal a multitude of problems in the future. 
The laws which govern the construction process are aimed at preventing cataclysmic events in the future. Explosions, bridge collapses, faulty structures, and wrongful deaths are examples of certain calamities that can occur if a construction company fails to adhere to the governing laws of their project. If such unfortunate moments take place, the construction company will be liable for the damages and injuries that resulted from their negligence. 
All construction projects contain a series of complex net contracts and an assortment of legal obligations, each of which must be considered. Construction projects are unique because they incorporate multiple relationships between businesses, various private entities, and government departments. These agents must work in conjunction with each other to deliver the assembly of a structure in a specifically allotted time. A failure to assemble the structure on time will result in a delay and a subsequent forfeiture of monies.

Holding Company Explained

Holding Company Explained

What is a Holding Company?
A holding company is an institution which holds outstanding stock in another corporation. In general, a holding company refers to a company that does not produce goods or services, but simply holds an interest in another company’s work. As a result, the only purpose or function of a holding company is to own shares of another company’s outstanding stock or equity.
Because of their function, holding companies offer a reduction of risk for the owners of companies whose stock is being held. The company whose stock is being held is considered stable and a valuable investment, which triggers more buyers into the market. In turn, the holding company benefits from partial ownership and control of a multitude of companies. This allows a holding company to spread risk over a number of industries and market sectors.
 
Berkshire Hathaway is the largest holding company in the United States. Operated and owned by Warren Buffet, Berkshire Hathaway owns numerous insurance companies, retailers, manufacturing businesses, and other companies. 


Public vs. Personal Holding Companies
A personal holding company is defined under the United States Internal Revenue Code. This definition holds two primary classification systems. Both requirements must be met for the particular corporation to be considered a personal holding company.
The requirements are as follows: The company must pass the Personal Holding Company Income Test which requires the entity to possess at least 60% of the corporation’s adjusted ordinary gross income for the tax year based on dividends, rent, royalties, and interest. In addition, the corporation must meet the Stock Ownership Requirement, which states that at any time during the last half of the tax year, more than 50% in value of the corporation’s outstanding stock is directly or indirectly owned by five or fewer individuals.
The other classification for a holding company is a public utility holding company. These forms of holding companies own shares of subsidiaries which distribute electricity or gas to retail consumers. These companies are regulated by the Public Utility Holding Company Act of 1935, which is a law that regulates electric utilities by either limiting their business operations to a single state or through the enforcement of divestitures so that each company operates as a single integrated system serving a limited geographical region. 


Regulation of Holding Companies
Holding companies are commonly under attack because they utilize their vast resources to dominate particular markets. In the late twentieth century, Federal regulations arose to scrutinize monopolistic acquisitions or the development of anti-competitive business models. As a result, the United States Federal Government has the ability to block potential mergers and the acquisition of majority stock purchases by holding companies. The laws that regulate holding companies are meant to uphold the competitive model under which the United States operates.
1234Page 2 of 4
Disclaimer: There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Facebook
© LAWS.COM NETWORK 2023-2024