Posts Tagged ‘legal’

You know the old saying “If there is only one lawyer in a town, he’ll be poor.  But if there are two lawyers in a town, they’ll both be rich!” The insinuation is, of course, that they will convince the people in the town to sue each other.  I’m sure you know a dozen other lawyer jokes.

People say they hate working with lawyers – – – they are expensive, they speak a language few others understand, they are deal-breakers not deal-makers, and . . . did I mention that they are expensive?  But if you are in business, lawyers can be a necessary and valuable part of your team.  And even the most rabid anti-lawyer person changes his tune completely and rapidly when he has a legal issue: He cannot seek out a good lawyer fast enough!

In a company, lawyers will be involved in bidding large jobs, to make sure the proposal team doesn’t inadvertently commit the enterprise (company, service, agency, etc.)  to do something inappropriate or impossible.  They will also be involved in mergers and acquisitions, employment agreements, patent applications, teaming agreements, employee terminations and other such stuff.  But let’s say you are a low level employee in a company, doing your job and staying out of trouble.  When should you, personally, seek the advice of an attorney inside your company?  Anytime one of these events occurs:

  • You are asked by ANYONE (even your boss) to do something you know would be illegal.
  • You learn that a government person, either in the USA or abroad, might be paid to steer a procurement award toward your company.  (This is Foreign Corrupt Practices Act issue and people can go to jail.)
  • You hear a client say anything even hinting at legal action against your organization, even if just a hypothetical discussion.
  • You find something wrong (missing, broken, not installed correctly, etc.) on a deliverable and your supervisor won’t listen.  Before that gear gets shipped to a client, talk to your boss and then to his boss, etc. until you get that equipment fixed.  And if nobody will listen to you, talk to a company attorney.
  • You see someone being discriminated against because of their race, color, religion, sex, etc. and the reporting chain won’t stop it.
  • You see an unsafe condition on the job, where coworkers or customers could be hurt, and nobody in the immediate management chain seems concerned.

There are more examples but certainly in any of the above cases, a company lawyer who must defend the company if sued for improper action, or not taking a required action (known as errors of omission or commission), will be VERY interested in what you have to say.  They will want to head-off any impending legal disaster and will go right to the top of the company if needed.  Yes, you may have some explaining to do with your management chain if you bypassed some of them as you sought out the lawyer but in a decent company, you’ll be rewarded , not disciplined, if you acted in good faith and with the company’s reputation foremost in mind.

Here are some basic do’s and don’ts regarding working with corporate lawyers:

  1. Involve them earlier rather than later.  They can sometimes easily fix a problem if told about it early enough.  If you wait too long, problems can cascade, their hands may be tied and very bad things can occur (lost jobs, lawsuits, criminal penalties, etc.)
  2. Come completely clean.  Tell them everything about the incident/problem/issue and leave nothing out.  They cannot help you if you lie to them.
  3. Get to know them when you aren’t having a crisis. Invite them to proposal-completion parties; ask their advice on almost-routine things just so you can learn how they think; invite them out with customers so they get to know the clients.
  4. Don’t “shave” the rules.  If something you are considering would get you in trouble with the legal staff, do not do it.

In short, treat lawyers like you would want to be treated.  The old Golden Rule applies to the legal beagles too.

Copyright: Solid Thinking Corporation

Mack McKinneyMack McKinney is on a personal crusade to eliminate conflict and stress in our lives. Mack’s mantra is “People treat you like you TRAIN them to treat you!” His company Solid Thinking Corporation teaches creativity, concept development, relationship management and high-performance project leadership to major US corporations and the US government
Share

What’s In The Name

by Robert Driscoll on August 20, 2009

2008-01-28-domain-real-estate-istockphoto572188-400x300Many different areas of business have been covered in the past several weeks on Activegarage.com from the dance of entrepreneurship , creating and protecting your intellectual property, to protecting your company’s data .  Our goal is to help people transform their world by coming up with uncommon offers in the marketplace. 

So, now you’ve come up with the next breakthrough and are ready to take your first step as an entrepreneur.  You’ve come up with a name for your company and have set up a corporation.  You’re excited.  Financial freedom is just around the corner.  You go to register your company’s domain name and you come to find out…someone already owns it.  Don’t give up. 

Here are some simple steps to help you to continue moving forward.

1.     Change Your Domain Suffix

If .com is not available, look to see if any of the other domains are available (.net, .biz, etc…).  Be careful though as you might be in violation of a possible trademark infringement if the other domain in use is a legitimate business.

2.     Change The Name Slightly

Work on finding variations of the name you want until you find one that is available.  Again, be careful with this option as well as you could also be in violation of a possible trademark infringement. 

3.     Buy The Domain Name

Domain names are bought and sold all the time at sites like GoDaddy.com or BuyDomains.com.  Having the right domain name online can help establish your company’s identity.  Determine what the value of building your brand without being able to use the company name and domain you desire and compare that to what it would cost to buy the domain you want.  If the latter is less, simply buy the domain and continue moving forward. 

4.     If You Already Own The Trademark

If you already own the trademark to your company’s name, you have some options.  If you are dealing with a cybersquatter, the first, and less expensive, option is to contact ICANN and file a dispute under the Uniform Domain-Name Dispute-Resolution Policy.  The cost to go this route varies as it depends on the number of domains filed in the dispute and the number of panelist required.  You can also send a cease and desist letter to the party that is “squatting” on your desired domain.  A sample letter can be found here .  While this process might be time consuming and cumbersome, it is considerably less expensive than the final option. 

5.     Seek Legal Advice

When you’ve exhausted all of your options, this might be the only one remaining.  Before going down this path, consider the time and money it might take if you try to resolve this matter with the “help” of an attorney.  If this goes to court and you win, you could have all or part of your legal expenses paid for by the other party, but be careful as you could very easily lose and incur legal expenses and still not have the name you wanted for your business. 

Unfortunately there is no one way to resolve this issue, but it is important to understand that you do have options should you encounter this problem.  It is just as important to determine how much time and money you are willing to invest before you go after the name you want.  Sometimes it’s just easier to come up with a new name.

robert_driscoll_color This article was contributed by Robert Driscoll, co-founder of Active Garage. You can follow Robert on Twitter at rsdriscoll.
Share