Employers have the affirmative duty to investigate any complaints of sexual harassment in the workplace. The investigation should happen whether the alleged victim lodges a formal complaint or simply notifies their colleagues. Here is how employers can investigate claims of sexual harassment and help protect their company.(more…)
If you want to protect your trademark, you need to act swiftly and take decisive action. The best way to defend yourself against a trademark infringer is to establish a plan of action that will effectively stop the infringement.(more…)
Starting a new business involves a lot of work, so you might accidentally ignore taking steps to protect your business from litigation. Contracts are some of the legal documents that remove misunderstandings and confusion. When properly drawn, the contract can reduce liability if something goes wrong. Discover common types of contracts that are essential to a small business.(more…)
If you are a business owner in California who has employees, you may have to deal with one or more unemployment claims. Claimants have filed more than 28.4 million claims since March 2020, which have paid out more than 185 billion dollars.
While some of these are valid claims, others are not. These invalid claims cost your company time and money. But how do you figure out which is which, and how do you challenge an invalid claim?(more…)
When most individuals think of a trademark, they think of words, logos, or other symbols used to identify a particular brand. But color is also a critical aspect of brand identity and can be protected under trademark law. Read on to understand how you can own colors and if you can sue other corporations for using certain colors.(more…)
Buying a franchise is a great way to start your own business without going through the tedious process of starting from scratch. This process gives you access to an existing trademark and a proven business model that can help you get up and running faster.
However, as with any significant purchase, you must proceed with caution when buying a franchise. Otherwise, you may make mistakes that could harm your end goal. Discover some steps to follow when purchasing a franchise.(more…)
Trademarks have existed since the medieval age. Even though the process of trademarking has changed over time, the fundamental purpose remains. Trademark protects businesses and their products or services from being copied or imitated by others.
A trademark helps consumers differentiate between products or services in the market and can also symbolize the quality of a business’s goods or services. But for a trademark to be effective, you must register it with the relevant authorities.
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Every entrepreneur should consider incorporating a lawyer onto their team in the modern business world. For example, a business must comply with various legal aspects before operating. For example, when you select the correct type of business entity you want to set up and choose your business name, a business attorney can help.
However, you may also realize that you still need a business attorney as the business goes forward. A business attorney helps you protect your business investments, prevent misunderstandings with your partners, and protect you from personal liabilities for business debts and legal obligations.
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Corporations may spend a lot of time and money interviewing and selecting the best employees. For example, the company has to craft job descriptions, advertise the job opening, and shift through many applications. In addition, you may have to interview the shortlisted candidates and choose the most qualified person. Therefore, the company may lose a lot if this process were to halt due to legal problems.
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Buying into a franchise is one of the best ways to make huge profits in business. However, franchising may quickly become a regrettable decision without proper planning and preparation. That’s why you’ll find it best to take measures to protect yourself from any undesirable consequences.
Franchise agreements are challenging to navigate for someone new to the franchising business. Business persons who have been franchisors also need assistance working through franchise contracts.
One of the best things you can do to ensure your franchise deal moves smoothly is seek legal assistance. This article looks at four reasons why it is best to hire a lawyer when buying a franchise.
1. A Franchise Lawyer Helps You Assess the Franchisor
When buying a franchise, you will encounter a franchise disclosure document (FDD). The FDD contains pertinent information about the franchisor. Some information included in the FDD includes:
• The franchisor’s litigation history
• The franchisor’s financial statements
• Franchise owners’ obligations
• Supplier restrictions
• Trademark and copyright rules, etc.
You must read a franchise agreement before you sign it. However, the FDD is a hefty document, and you may have difficulty evaluating it on your own. An attorney works with a team that can review the hefty document and gives you a breakdown of the franchisor’s information.
With this information, you can decide whether or not to continue with the transaction.
2. A Franchise Lawyer Helps You Understand the Franchise Agreement
A franchise lawyer has appraised multiple franchise agreements. Therefore, they know to look into the fine print.
The person selling you the franchise will have their legal team prepare an agreement that protects them. Thus you need to ensure the terms of the contract are favorable to you. When an attorney looks over your franchise agreement, you can trust them not to miss important details.
Your attorney looks into contract clauses discussing your roles and obligations. They also consider the terms addressing the timelines for contract termination and consequences for terminating the contract before the agreed time.
Thus, with a franchise lawyer by your side, you are sure of the terms you sign in the franchise agreement.
3. An Attorney Advises You on What Works and What Doesn’t
An experienced franchise attorney knows the pros and cons of different franchise set-ups. Thus they advise you on the best way to set up your franchise.
If you are unsure whether investing in a franchise is the best choice for you, your attorney helps you evaluate the risks of the franchise to make an informed decision. They also help you choose the right legal entity for your franchise.
Because your attorney represents you, they look after your best interests. Thus, they give you more information than the party selling the franchise will. If your attorney has dealt with the franchisor, they may even give you insider information.
4. A Franchise Attorney Saves You Money
Not hiring an attorney when making a franchise deal may save you money in the short term. However, it leaves you vulnerable to future losses. Remember, a successful transaction does not eliminate the chance of future disputes.
Ideally, you could anticipate all potential disputes and include resolution measures in the franchise agreement before signing it. Otherwise, you will spend a lot of time and litigation fees resolving disputes in the future.
As a novice franchise owner, you’d be hard-pressed to spot all the clauses in a franchise agreement that may cause future problems. A franchise lawyer has extensive knowledge of franchise contracts. They leverage their knowledge to devise solutions to problem areas before they become costly disputes, thus saving you money in the long run.
You need an experienced franchise attorney if you want a good outcome in your franchise deal, and the franchise attorneys at Mohajerian are the best. Contact us today for legal assistance on your franchise deal in California.