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

Posts tagged "Business Litigation"

Permission for use of copyrighted material

If a particular material is under copyright, it does not necessarily mean that no one else can use it. It generally means that someone else has to gain permission from the copyright owner before using it. The owner of a copyright can, of course, choose to withhold permission, which can limit the other party's ability to use it legally. 

Understanding false advertising law

Business owners in Daytona Beach rely heavily on their companies’ reputations. A claim against that reputation can exact untold damage, leaving executives and decision-makers with every incentive to dispute such assertions. One type of claim that can be particularly harmful is that of false advertising. Thus, it is important that those representing their respective companies understand exactly what the laws defining false advertising in their states entail. 

What does breach of contract entitle you to?

If your business in Daytona Beach primarily works contractually, then having a partner try to end an agreement with you prematurely can be devastating to your operations. If its abrupt termination of your agreement meets the legal standard for breach of contract, then you may be entitled to compensation. The question then becomes what exactly your company might be entitled to in such an action.

Company sues former managing partner

Most in Daytona Beach might assume that business litigation is limited to legal conflicts between two different companies. Yet oftentimes such cases can arise from internal strife. In many ways, internal employees can pose the greatest threat to business owners in that they know a company' vital business information (their trade secrets and intellectual properties) and they often have the explicit trust of those owners. If and when such trust is violated, those with a stake in a business that has been compromised might justly want to seek legal action

What is a hostile takeover?

For many business owners in Daytona Beach, their goal is to grow their businesses to the point of making them attractive to potential buyers (putting them in a position to make a significant profit from the sale). Yet you may have contrary aims to keep your company under your control as it continues to expand. That, however, may not keep your business from being targeted for acquisition. You could reasonably find your company the target of a hostile takeover bid. 

Understanding non-compete agreement enforcement

Businesses in Daytona Beach understand the importance of their proprietary information. It is for this reason that concerns are often raised when an employee leaves a company. Many may view these fears to be justified, and thus warrant requiring staff members to sign non-compete agreements. Such an agreement typically seeks to limit what a person can do when pursuing opportunities similar to the work they provide while in a company's employ. The question is whether or not such agreements are enforceable. 

Defining intellectual property

As business markets expand and information sharing proliferates, the question of what exactly is it that your company owns becomes more important than ever. Many clients in Daytona Beach have come to us here at Smith Bigman Brock with this very question, and oftentimes coming up with an answer proves difficult. There are undoubtedly unique aspects of your company that contribute to its competitive advantage; you of course want to ensure that those aspects are protected as your business' intellectual property (thus guaranteeing that they cannot be shared with or duplicated by others). Yet what exactly counts as IP? 

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 the 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.

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