The Uniform Domain-Name Dispute Resolution Policy (UDRP) is a process of dispute resolutionestablished by the Internet Corporation for Assigned Names and Numbers (ICANN) that all registrars are bound to follow. It allows for expedited review in the form of an administrative proceeding for disputes alleging abusive domain registrations.
Read MoreBefore buying a domain name, one should do some domain acquisition diligence to help ensure the domain is actually available for use as intended, and that there are no third party rights attached to a chosen name that could have negative consequences later. Once a domain is clear for use, if the domain name is available on the open market, one can simply purchase it from any accredited domain name registrar.
Read MoreDomain hijacking is the theft of a domain by changing the ownership and/or access without the authorization of the rightful owner. Too often, domain owners do not properly safeguard access to their domains. Common mistakes, such as the sharing of passwords, using generic passwords, not changing default settings on hosting or Word Press sites, installing plugins and not keeping them updated, are all examples of how domains can become vulnerable to domain hijacking.
Read MoreAlthough there are numerous laws that can affect online businesses and general online transactions and activities, there are some more common things online businesses should be aware of—at least in general—to know when to confirm compliance and/or seek the advice of legal counsel for assistance with compliance.
Read MoreInternet lawyers assist online businesses with advice on best practices for compliance with the various regulations that affect a particular type of business. These attorneys further represent consumers against harm and damages caused from online activities and business transactions.
Read MoreThere is no all-encompassing law that covers internet activity and e-commerce business. The laws that will apply are specific to the type of transaction, the business, the jurisdictions involved, as well as a myriad of other contextual factors.
Read MoreElectronic commerce (e-commerce) simply refers to businesses and individuals that buy and sell goods online.
Read MoreTransactional lawyers assist business owners with all aspects from formation of a business, to legal services related to the running and operation of the business, as well as preventing and negotiating business-related disputes. Different industries, business types, and ways of doing business, all involve separate and distinct requirements for legal compliance specific to the particular business.
Read MoreOperating a successful business is best achieved with some reinforcing and basic agreements to help protect the business against common legal issues. The basic things all businesses have in some form are employees, vendors, contractors, and consumers. So, having agreements in place to address the most common issues encountered with these four factors will help to provide the basics for protection of a business. For more information, see our blog post about basic agreements for businesses.
Read MoreNon-compete agreements protect employers from losing valuable trade secrets, customer contacts, and other forms of intellectual property.
Read MoreOne 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.
Read MoreA 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.
Read MoreIn 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?
Read MoreA 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.
Read MoreCopyrights 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.
Read MoreCongress 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.
Read MoreCopyright 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.
Read MoreGenerally, 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.
Read MoreGenerally, 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.
Read MoreAlso 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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