Non-compete agreements protect employers from losing valuable trade secrets, customer contacts, and other forms of intellectual property.
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One of the most efficient ways we can help you curb costs is by providing virtual or fractional general counsel legal services. Our virtual legal counselors address and assist with legal tasks businesses commonly face. This helps your company obtain legal assistance without the budgetary burden of overhead and other full-time resources. We get to know your business as an in-house legal team, but only work according to your needs. Whether it be on an as-needed or less-than-full-time basis.
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A master service agreement is essentially an independent contractor agreement relating to services. A Master Service Agreement Template can be a useful tool for helping service companies create a master service agreement that will clarify their responsibilities to a client while protecting their interests.
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In Texas, damages for breach of contact may include benefit of the bargain damages, lost profits, consequential damages, reliance damages, liquidated damages, and potentially attorney’s fees.
For more information, see our post: What are contract law damages?
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A Master Servicers Agreement (“MSA”) is contract between two parties with an ongoing project or business relationship that offers a flexible system for completing a project over time when there will be decisions to be made along the way. The purpose of an MSA is to set the bounds of the contractual relationship, establish a system for accomplishing the work that needs to be done, and to provide an efficient way to keep the work on track and resolve any disputes which may arise during the course of the project.
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Copyrights are automatically created when someone creates an original work of authorship that is fixed in a tangible form. The idea itself is not copyrightable. It is only when the idea is fixed into a tangible form, like putting a tune in one’s head to sheet music, that said form is now protectable by copyright. And the concept of originality is not absolute, as parodies and satire are protectable works.
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Congress enacted the first federal copyright law in May 1790, and the first work was registered within two weeks. In 1897, the Copyright Office became a separate department of the Library of Congress and since then the Copyright Office has registered more than 30,000,000 claims to copyright and mask works, providing more than 126 million deposits (including books, serials, motion pictures, music, sound recordings, maps, prints, pictures, and computer works) to the Library of Congress.
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Copyright lawyers can assist with advice on the type of registration to pursue and can help answer examiner questions through the registration process. Choosing the proper medium to register under, as well as properly attributing authorship of a copyright can be confusing. And, many things aren’t copyrightable. A copyright lawyer can save time and money in the long run by helping the applicant ensure any needed assignments are secured and in place as well as to help file the copyright application properly from the beginning.
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Generally, under Texas law, a plaintiff must show the following elements to prove a breach of fiduciary duty claim: (1) there is fiduciary relationship between the plaintiff and defendant; (2) the defendant breached its fiduciary duty to the plaintiff; and (3) the defendant's breach proximately caused injury to the plaintiff or benefit to the defendant.
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Generally, under Texas law, a plaintiff must show the following elements to prove a breach of contract claim: (1) an enforceable agreement, (2) plaintiff performed its obligations or was excused for performance, (3) defendant failed to perform, and (4) plaintiff sustained damages.
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Also referred to as commercial litigation, business litigation involves disputes between business owners or over ownership of a business. Claims that fall within business litigation include fraud, fraudulent inducement, breach of contract, breach of fiduciary duty, breach of contract, insurance coverage, non-compete, office and director liability, and professional negligence.
For more information, see our Business Litigation practices page.
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Signs that an IP enforcement program is needed include lost or diverted sales, customer confusion, customer complaints, misdirected mail, returns, or communications, and a decline in revenue or sales.
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The answer is any type of intellectual property (IP) can be used to start an enforcement program. The more types of IP assets that can be used, the better to stop infringers. Trademarks, copyrights, and patents are the most common IP assets to use for these programs.
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The term “intellectual property” refers to a wide variety of holdings. It can refer to a company or individual’s trade secrets, trademarks, patents, copyrights, and proprietary products. With the rise of technology, theft of intellectual property has become more rampant and widespread.
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IP due diligence is an important factor in understanding the value of a company’s intangible assets. Due diligence is often performed in connection with the preparation for sale of a business or the IP. However, perfuming IP due diligence on some periodic basis, without the expectation of any sale of assets, can help owners understand the value of their assets as well as where there may be some protection lacking, the need to expand or minimize efforts for protection.
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Intellectual property (IP) law covers patent, copyright, trademark, trade dress, trade secret, and other related intangible assets rights. IP law protects owners of those assets from improper third-party infringement of those rights for their own financial gain.
Basically, IP law involves:
• identification of assets that should be protected;
• protection through formal registration and/or internal processes;
• maintenance of the rights through proper use, filings, enforcement, and/or internal processes; and
• guarding against infringement by third parties through enforcement programs, consumer education, adequate agreements, and litigation, when necessary.
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IP lawyers provide guidance and advice related to the various types of intellectual property.
Lawyers help with identifying intellectual property, registration of rights, maintenance of the IP, strategizing on portfolios, implementing enforcement programs, and litigation.
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