Conwell Business Law, LLLP Conwell Business Law, LLLP2025-05-06T02:03:33Zhttps://www.conwellbusinesslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1404734/2020/02/cropped-Favicon-32x32.jpgOn Behalf of Conwell Business Law, LLLP<![CDATA[Why file a provisional patent application?]]>https://www.conwellbusinesslaw.com/?p=474672025-05-06T02:03:33Z2025-05-06T02:03:33Zfiling a provisional patent application is an important step toward safeguarding valuable intellectual property while allowing time to refine the invention or seek investment.
An effort likely worth making
One of the primary reasons businesses choose to file a provisional patent application is the ability to claim “patent pending” status. If you are a business owner or an inventive individual, this designation can signal to competitors and investors that you are taking legal steps to protect your technology. It can deter copycats and help establish credibility in the market, especially when you're seeking funding, entering partnerships or preparing for product launch.
Additionally, the provisional patent filing process gives businesses up to 12 months to file a corresponding non-provisional (utility) patent application. This grace period can be used to gather technical data, conduct additional testing or finalize the product’s design. During this time, the business can also explore licensing opportunities or gauge investor interest without disclosing detailed technical information publicly.
However, it’s important to understand that a poorly drafted provisional application can undermine future patent protection. A provisional application must fully describe the invention in sufficient detail to support any later claims made in its corresponding non-provisional application. That’s why it’s wise to work with an experienced intellectual property legal team that can work to ensure that the application is properly prepared and tailored to your goals.]]>On Behalf of Conwell Business Law, LLLP<![CDATA[What should you address in a partnership agreement?]]>https://www.conwellbusinesslaw.com/?p=474652025-04-19T07:22:53Z2025-04-19T07:22:53ZWhen someone sets out to start a business on their own, they have full control over all the decisions moving forward. But many people choose to work with business partners. This can make things a bit more complicated.
It is often wise for these partners to create an official agreement or a contract when they start the business. This can help to avoid future disputes and define some key terms. Below are a few areas it should address.
The division of ownership
First of all, business ownership percentages need to be divided between the partners. The agreement should state whether this is done equally or whether one person has a majority share.
The division of labor
The agreement can also address the specific roles each person has within the company. Maybe one person is in charge of networking, sales and more customer-oriented roles, while the other person is in charge of production, design and the logistical process of setting up a supply chain.
Dispute resolution tactics
A partnership agreement can sometimes spell out how disputes should be addressed and resolved. For instance, it may note if the parties need to go through mediation or if they have to vote on major changes.
Division of earnings
Finally, the agreement should mention how each business partner will be paid. Do they get a salary or an hourly wage? Do they simply divide the money that the business makes? There are many potential tactics, but the matter should be addressed in advance.When starting a business, carefully consider all the steps you need to take and the legal rights that you have. This is a big investment, and it can help to work with an experienced firm.
]]>On Behalf of Conwell Business Law, LLLP<![CDATA[Do you need a partnership agreement?]]>https://www.conwellbusinesslaw.com/?p=474632025-04-04T15:52:41Z2025-04-04T15:52:41ZDeciding to bring a partner on board likely took a lot of consideration while you weighed the pros and cons. But sometimes, it’s what’s required for a business to grow.
If you do decide to partner with someone, it doesn’t matter if it’s a good friend or a family member - you must have a partnership agreement in place.
What should you include in your agreement?
A partnership agreement is a safety net for your business. Even if you have a strong relationship with your partner, here are a few reasons why an agreement is often necessary:
It outlines each partner’s roles and responsibilities
An agreement can reduce conflicts by laying down ground rules and setting expectations
You will want your partnership agreement to include the following:
The nature of your business and each partner’s role. Will one of you handle finances while the other takes care of production? Specifying each partner’s responsibilities provides clarity.
What does each partner bring to the table? How much money and time is each one willing to invest?
Clearly state how profits and losses will be shared among partners.
How will decisions be made? Do all partners need to agree or just the majority? There can be a plan for resolving disagreements, such as mediation.
What if the partnership doesn’t work out, or a partner may want to retire? The agreement often needs to outline a plan for partnership dissolution.
Partnership agreements are particularly beneficial when each partner contributes something different, such as finances, time or intellectual property. Any partnership agreement needs to comply with state and federal regulations. You don’t want to lose your business because you missed a crucial detail. It’s important to work with someone who can create a legally compliant agreement tailored to your needs.
]]>On Behalf of Conwell Business Law, LLLP<![CDATA[When should businesses fight or settle contract disputes?]]>https://www.conwellbusinesslaw.com/?p=474582025-03-24T12:22:47Z2025-03-24T12:22:47ZDo you have a winning case?
Before deciding which path to take, evaluate the strength of your position. Clear contract language works in your favor. So does having solid evidence and documentation to back your claims. Look at similar past cases—if they turned out well for businesses in your position, that is encouraging. Your lawyer can help you understand if your case is strong enough to present in court.
Counting the costs
Litigation involves significant expenses. Beyond lawyer fees, you will pay court costs and possibly expert witnesses. Your team will spend time on the case instead of growing your business. Settlement discussions often cost less and conclude faster. Before choosing litigation, make sure the potential outcome justifies these expenses.
Will this hurt valuable relationships?
Consider who is on the other side of the dispute. Is it a one-time vendor or a long-term partner? Legal proceedings can permanently damage business relationships. They can also affect how others in your industry view your company. Moreover, private business details often become public in court. Sometimes, preserving relationships matters more than prevailing in a dispute.
Strategic ways to solve the problem
Addressing issues early helps resolve problems before positions become entrenched. Some smart solutions might include restructured agreements rather than just monetary compensation. Mediation brings in someone neutral to help both sides find common ground without court involvement.
Litigation makes sense when you need to establish precedent, when the other side refuses reasonable terms or when an important principle is at stake. Getting legal advice early helps you make the best choice for your specific situation.]]>On Behalf of Conwell Business Law, LLLP<![CDATA[The franchisor is not delivering what they promised. Now what?]]>https://www.conwellbusinesslaw.com/?p=474552025-03-11T10:33:42Z2025-03-11T10:33:42ZWhen you purchase a franchise, you are buying what is essentially a ready-made business. The franchise owner has already done most of the work—marketing, product development, system establishment and so on—so you don’t have to.This is one of the primary selling points of a franchise. However, some franchisors may fail to deliver on their promises, leaving you with a huge financial risk.With so much at stake, it is crucial to take action as soon as possible. Here is some important information that can help you get started.
Common ways franchisors may not deliver
Some franchisors fail to fulfill their responsibilities and obligations as outlined in the franchise contract. This can occur in various ways, such as:
Inadequate training or support: Providing insufficient initial or ongoing training.
Misrepresentation of earnings: Giving you misleading financial projections or earnings claims.
Lack of marketing assistance: Not delivering promised advertising or marketing support.
Territory violations: Opening competing units nearby or allowing encroachment.
Supply chain issues: Failing to maintain quality or consistency of required products.
Without the support you need, you may experience a myriad of issues, ranging from lack of supply to weakened marketing. Unless the franchisor fixes their deficiencies, these problems can cause a major financial strain for your business.
Breach of contract lawsuit: Violation of the franchise agreement may be enough grounds for a breach of contract suit. The goal is to seek damages for financial losses due to the franchisor’s breach.
Fraud or misrepresentation claims: If the franchisor provided false information, especially in the Franchise Disclosure Document (FDD), it may be possible to file a fraud or misrepresentation claim under the Florida Franchise Act.
Violation of franchise laws: Another option is to file complaints with state or federal regulatory agencies. In Florida, you may be able to direct your complaint to the Attorney General’s Office or the Department of Agriculture and Consumer Services.
Lastly, consider consulting a business law attorney knowledgeable in franchise disputes. It can be challenging to take legal action on your own. But with legal guidance, you gain better odds when fighting for your franchisee rights.]]>On Behalf of Conwell Business Law, LLLP<![CDATA[Protecting your small business when key employees exit]]>https://www.conwellbusinesslaw.com/?p=474522025-02-21T15:27:30Z2025-02-21T15:27:30Zbusiness risk. It is a genuine concern that needs your attention before it becomes a huge problem.
Before they pack their desk
Smart protection starts long before an employee's last day, and it does not have to be complicated. Start with comprehensive non-disclosure agreements and clear policies about confidential information. Make sure you have documented all intellectual property ownership and keep detailed records of your trade secrets and proprietary information. Consider this as creating a safety net before you need one.
Digital defense is critical
In today's digital world, your intellectual property lives in computers and cloud storage. Take control by restricting access to sensitive files and observing unusual download or email activities. Tracking document access and requiring work to be done on company devices is not about distrust, but smart business practices.
The importance of exit interview
Turn your exit interview into a meaningful protective measure. Have an open conversation about confidentiality obligations and verify if all company devices and passwords have been returned. A simple signed declaration confirming the return of company property can save you headaches later. This practice helps close loops professionally.
After they are gone
Stay alert without being paranoid. Monitor competitor activities and any unusual changes in client relationships. Maintain an open dialogue with your team and consider regular IP check-ups.
Remember, most employees leave on good terms, but having these friendly safeguards in place protects your business’s IP while keeping professional relationships intact. When you are unsure, a brief consultation with an experienced business attorney can help you strike the right balance between protection and trust.]]>On Behalf of Conwell Business Law, LLLP<![CDATA[The role of dispute resolution clauses in business contracts]]>https://www.conwellbusinesslaw.com/?p=474492025-02-06T10:55:16Z2025-02-06T10:55:16ZWhat is a dispute resolution clause?
A dispute resolution clause outlines the process for resolving disputes that may arise during the course of the agreement. The clause should state the preferred methods of dispute resolution and the jurisdiction where the parties will resolve their disputes.
There are several dispute resolution methods that you can include in your business contracts, such as:
Arbitration: This involves a neutral third party hearing evidence and making a binding decision between the parties.
Mediation: This also involves a neutral third party who facilitates a discussion between the parties to help them reach a mutual agreement.
Negotiation: In this method, the parties seek to resolve the dispute without the help of a third party.
Conciliation: This involves a neutral third party providing an assessment of the dispute and making suggestions for a resolution.
Aside from the above alternative dispute resolution (ADR) methods, litigation is another option, but it is usually the last resort because it can be lengthy, costly and adversarial. This method involves taking the dispute to court, where typically a judge will decide after considering the parties' arguments and evidence.
Benefits of having a dispute resolution clause
Dispute resolution clauses can help businesses avoid lawsuits, unless litigation is necessary to resolve the dispute. In addition, ADR clauses can help businesses avoid reputational damage by keeping disputes out of the public eye.
Aiming to have well-drafted business contracts
Including a dispute resolution clause in your business contracts can be critical to protecting the interests of all parties involved. However, navigating business contracts can be daunting. By seeking legal counsel, you may better protect your rights and explore your options as you aim to have well-drafted business contracts.]]>On Behalf of Conwell Business Law, LLLP<![CDATA[What to do if you are at risk of defaulting on a franchise]]>https://www.conwellbusinesslaw.com/?p=474472025-01-21T13:02:39Z2025-01-21T13:02:39ZUnderstand your agreement
The first step is to thoroughly review your franchise agreement. Identify the specific terms related to default, including payment schedules, performance standards and any grace periods. Knowing these details will help you understand your obligations and potential repercussions.
Communicate with your franchisor
Open communication with your franchisor is crucial. Inform them of your situation before it escalates. Franchisors may be willing to work with you to find a solution, such as modifying payment plans or providing additional support. Demonstrating your commitment to resolving the issue can lead to more favorable outcomes.
Seek legal help
Consulting with a legal professional experienced in franchise law can provide valuable insights. They can help you interpret the terms of your agreement and advise you on your rights and options. Additionally, financial advisors can assist in restructuring your business finances to improve cash flow and sustainability.
Explore alternative solutions
Consider alternative strategies to improve your financial situation. This might include renegotiating lease terms, reducing operational costs or exploring new revenue streams. A creative approach to problem-solving can help stabilize your business.
Document everything
Keep detailed records of all communications and efforts made to address the default risk. This documentation can be useful in negotiations or if legal proceedings become necessary.
Securing your franchise's future
Taking these steps can make a real difference when you are at risk of defaulting on your franchise agreement. Just as you took the leap to start your franchise, now is the time to act decisively to protect it.
By being proactive and seeking legal guidance, you can effectively overcome these challenges and steer your business back on course. Remember, the actions you take today can secure the stability and success of your franchise for tomorrow.]]>On Behalf of Conwell Business Law, LLLP<![CDATA[New challenges of unfair competition in the digital era]]>https://www.conwellbusinesslaw.com/?p=474422025-01-15T21:20:56Z2025-01-15T21:20:56ZBefore a digital presence was a must for businesses, unfair competition focused on offline practices. These included trade secret theft, trademark infringement and other unethical activities.
But when the internet became a staple in people’s lives, it brought new forms of unfair competition. Here are some of the most common ones.
Search engine optimization manipulation
Search engine optimization (SEO) manipulation involves dishonest practices to boost a website’s rankings or harm a competitor’s position.Google and other search engines use a set of rules to decide which websites come out on top. Some businesses try to harm their competitors by building spammy backlinks to a competitor’s site to trigger penalties, for example. Or they use unfair practices to boost their own website, such as:
Overloading web pages with keywords to trick search algorithms
Creating networks of low-quality websites to link to their own site
Posting duplicate content to confuse search engines
Search engines can detect SEO manipulation, but they may not always be able to apply penalties to manipulators before they cause harm.
Online reputation manipulation
In the past, companies usually disparaged their competitors’ products or services in old-fashioned ways. These might include sending letters to competitors’ customers or making baseless claims about their practices.The internet made this easier because of anonymity and the rapid spread of information. Today, companies might harm a competitor’s reputation by posting fake negative reviews or using bots to twist online ratings.
Data scraping and misuse
This involves wrongful collection and use of data from competitors or other sources. Automated tools make it easier to take data and use it to copy others, learn about competitors or find ways to attack them online.This practice might be similar to trademark infringement or stealing private data in the past.
How businesses can protect themselves
Businesses must adapt to the changing times, and that includes putting up safeguards against modern yet still unfair practices. Consulting a business attorney can help companies protect themselves from unethical tactics and handle any legal issues that may arise.]]>On Behalf of Conwell Business Law, LLLP<![CDATA[What to do when someone violates your IP rights]]>https://www.conwellbusinesslaw.com/?p=474392025-01-06T10:52:04Z2025-01-06T10:52:04ZIdentify and confirm the violation
Confirm the violation by first identifying the type of IP involved—patent, trademark, copyright or trade secret. Gather evidence to support your claim, such as documentation of unauthorized use, to strengthen your case. For example, if someone used your trademark without permission, collect images or records showing misuse.
Evaluate your options
Evaluate your options after confirming the violations. For minor issues, a cease-and-desist letter may resolve the matter. However, consider filing a formal complaint with the appropriate IP office or pursuing legal action for more severe cases. Understand your rights and the legal framework to decide the best approach.
Send a cease-and-desist letter
Draft a cease-and-desist letter often serves to demand the infringing party stop their unauthorized use of your IP. Clearly outline your rights and the violation in the letter. If the other party agrees to comply, litigation will not be necessary. A well-drafted cease-and-desist letter can prevent further infringement without escalating the situation.
File a formal complaint
Consider . For patent or trademark violations, file a complaint with the U.S. Patent and Trademark Office (USPTO) or the European Union Intellectual Property Office (EUIPO). For copyright issues, report the violation to the U.S. Copyright Office or other relevant authorities. These complaints may prompt authorities to investigate the infringement.
Take legal action
Think about consulting an attorney specializing in IP law if other methods to resolve the misuse fail to deliver results. Your attorney may advise you to seek financial compensation or include an injunction in your legal action. While litigation can be expensive and time-consuming, it may be necessary to safeguard your IP rights and prevent ongoing harm.
When someone violates your IP rights, you must act swiftly and strategically. By taking the right steps, you may better protect your intellectual property, mitigate potential damage and continue working on the success of your business.]]>