Publications


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As a service to firm clients, our lawyers prepare papers on topics related to business law and litigation. The papers are free upon request. We do not share contact information with any other party, and we will only use it to forward the paper and updates that may be of interest to you. You will need to provide your name and email address to download any publications. The papers are for informational purposes. They do not constitute legal advice. By submitting a request, you agree to the terms of use set forth in the disclaimer and notice (below).

Implementing an Effective Document Retention Policy

Businesses confront novel risks arising from document retention practices. Many struggle to manage data as they grow and as technology progresses, creating greater volumes and types of information. Businesses are incurring liabilities, literally losing lawsuits, because of documents that should have been purged long ago. Conversely, businesses are suffering consequences for failing to preserve documents that should have been maintained. As uncertain as the law may appear, there are standards and principles that underpin best practices in this area.

Internet Domain Name Disputes

With the boom in e-commerce, businesses increasingly face conflict arising from the alleged misuse of trademarks in internet domain names. Our business lawyers represent clients involved in domain name conflicts, including claims based on trademark hijacking, cybersquatting, and typosquatting. Traditional laws governing use of intellectual property have not kept pace with internet commerce. To address emerging problems, Congress and the Internet Corporation for Assigned Names and Numbers (ICANN) adopted rules to resolve disputes.

Eight Key Steps in Starting Up With an Angel Investor

Not all businesses that need financing are suited to bank loans or venture capital. Angel financing can be an important alternative source of capital for early-stage, growing companies. It is, however, a very specialized field. Before proceeding, a business should educate itself about key considerations that will affect its ability to attract investors. Our business lawyers represent companies in the negotiation and documentation of angel financing. We prepared this paper to educate companies considering or already proceeding with procurement of angel capital.

Growing a Company With Venture Capital

Many small and growing businesses seek venture capital, but only a very small percentage of those seeking venture capital are ever funded. For most businesses, funding seems beyond reach. Our business lawyers prepared this paper to give clients an overview of the venture capital funding process. It is intended to help private businesses understand what is involved, who the process serves, and how to prepare for, approach, and manage the process. The information is pertinent to businesses in Maryland, Washington DC, and nationwide.

Choosing the Right Business Entity for a Maryland Company

The choice of business entity affects the owner's personal exposure to liability, the taxation of business profits, the attractiveness of the business to investors, and many other important things. A business established in an ill-suited form will likely run into legal and administrative obstacles, inefficiency, and increased costs. This paper describes the general characteristics of the sole proprietorship, partnership, corporation, and limited liability company in Maryland and identifies the advantages and disadvantages of each form.

Creating Enforceable Non Compete Agreements

One way an business can prevent a current or former employee from disclosing trade secrets to competitors is by requiring the employee to enter into a non compete contract. A non compete contract is an agreement by the employee that he or she will not take specific actions that would harm the employer’s business. Only those non compete agreements which are reasonable will be judicially enforced. This publication teaches employers considerations essential to the enforceability of non compete agreements.

Implementing a Litigation Hold to Preserve Evidence and Avoid Sanctions

By now, businesses are on notice that they have a duty to preserve relevant materials, including electronic communications and information, when they reasonably suspect a dispute will be litigated. The failure to take reasonable steps to preserve evidence can lead to severe monetary and evidentiary sanctions. But what triggers a duty to preserve? And what measures should a company take to demonstrate that it acted in good faith? In this paper, we outline the steps an organization should take to comply with the current standards of conduct set forth in recent court decisions.

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