Aren’t Band-Aid [Brand Adhesive Bandages] Great? (My First Cut at Trademark Law)

I got a cut on my ring finger the other day, trying to lift a heavy box of duraflame® logs into a cart at Fairway. (For the avoidance of doubt and preservation of amusement, that’s Fairway Like No Other Market (a.k.a. Fairway Como Ningún Otro Mercado), not the unrelated Fairway, maker of nonmetal gates, fences, […]

Read More

Formula and Disclaimer Bypass Trusts Explained

As you may know, unless Congress acts, as of January 1, 2013 the federal estate tax exemption amount is scheduled to drop from $5.12 million to $1 million, and the maximum tax rate will increase from 35% to 55%. In addition, New York and Connecticut each levy state estate taxes on estates over $1 million […]

Read More

Confidentiality a.k.a. Non-Disclosure Agreements: What Type of Lawyer Do You Need?

A confidentiality agreement, also known as a non-disclosure agreement or NDA, is often the first step in a business transaction or employment relationship that involves sensitive information. In its simplest form, an NDA is an agreement by one or both parties (often called the “discloser” and “recipient” as applicable) not to disclose confidential information received […]

Read More

Lessons from Hurricane Sandy: Business Continuity

As a business lawyer, I track not only the legal aspects of business but also how people live, breathe and think about their businesses. After Hurricane Sandy, business continuity is one issue that is, or should be, on the minds of all business owners. [Note: This post was written while I was a practicing attorney […]

Read More

Preserving Limited Liability as a Single-Member LLC: Some Crucial Considerations

If you plan to start or have recently started your own business and are considering a single-member LLC (i.e., a limited liability company of which you are the sole owner), it is tempting to cut corners on the formalities, cost and time investment that may be associated with administering a “real business”. After all, no […]

Read More

The Effectiveness of a Non-Compete that is “Subject” to an Employment Agreement: Why Legalese Isn’t Always a Waste of Time

Imagine, as I was asked recently, that you were an ex-employee of a company and attempting to determine whether you would prevail in a certain lawsuit. The situation involves a non-competition agreement (non-compete) you signed with a company, and you do not believe you should be bound by it.  The company is suing you to […]

Read More