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Smith Bigman Brock
Daytona Beach, Florida
386-254-6875

Posts tagged "Business Litigation"

What if a client doesn't pay me?

Small business owners need payment to continue providing quality service to customers. Ignoring an invoice is all too common in the business world, and if the invoice remains unpaid a business owner can choose to pursue legal action to recoup his or her losses. Before that happens it helps to recognize that signs that an invoice will likely be unpaid, as explained by Inc. 

Trademark basis for filing options

Finding ways to achieve competitive advantages or differences in the marketplace is a common goal for businesses in Florida and across the country. At the same time, companies often seek ways to prevent others from leveraging their strengths or assets. Intellectual property protections like trademarks or service marks can assist with this.

Client sues marketing agency over failed website project

Business owners and executives in Florida know that entering into contracts is an important and delicate part of operating a company. The manner in which a contract is developed and the specific verbiage it uses can help or hurt one or both parties if a dispute ever arises. The terms and verbiage of one contract between a major car rental company and a marketing agency will likely be under close examination in a new lawsuit.

Should you arbitrate a business dispute?

Disputes between business partners can tear a Florida company apart, which is why many businesses build ways to resolve conflicts into their contracts. Some companies employ mediation or civil litigation, but arbitration is commonly used to handle many disputes. Arbitration mimics a civil trial in that the disputing parties make their case before a person who looks at the evidence and renders a judgment. Arbitration, like any form of resolution, has its benefits and drawbacks which should be carefully considered before going forward with it.

Buyout agreements: What are they and why do you need one?

If you plan to start a business in Florida, or if you already own and operate one, you may benefit from a sound buyout agreement. A buyout agreement, also known as a buy-sell agreement, is an agreement between the owners of a business that details what will become of an owner's share of the business should he or she choose to back out for any reason. The agreement also goes into effect when certain triggering events such as death, disability or conflict occur. FitSmallBusiness.com explains why you need a buy-sell agreement and what elements to include in yours. 

What is a trademark infringement

If you are like many business owners or executives in Florida, you know that your intellectual property should be carefully protected. Similarly, you know that avoiding an issue with another company's intellectual property can be important. In monitoring these things, it is good for you to understand the world of trademark infringements as trademarks may be among the types of intellectual property commonly involved in disputes.

US companies face threat to intellectual property from China

In Florida, new businesses are started every day. While business owners are often focused on the basics of running the business, there are much more complicated matters that will eventually come up. One of these is the reality of protecting intellectual property. According to the The Heartland Institute, the United States is ranked number one in intellectual property protection among the 50 largest economies in the world, but China still remains a large problem.

Understanding contract consideration

Your business partnerships in Daytona Beach are much more clearly defined when you have a contract in place. Yet as many of the companies that we here at Smith Bigman Brock have worked with in the past can attest to, simply having a written contract does not mean that such an agreement is valid (and, by extension, enforceable). It is the language and terms within a contract that confirms its validity. 

Copyright protections and the need for clarity

Business people in Florida across a variety of industries may find themselves without a clear understanding of copyrights. This type of protection is one of many forms of intellectual property and may also be one that has the potential for unintentional violations by individuals or companies.

When do I need a nondisclosure agreement?

If you work for a company in Florida and need to hire an outside vendor to perform some work for your company, you may well need to share sensitive business or industry information with that vendor in order for them to do the work you want them to do. Certainly, this sounds a bit concerning as the information you would share must be kept in confidence and not used incorrectly. This is what a nondisclosure agreement is for.

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