Trademarks are a vital part of developing a company’s brand and distinguishing its products. A company must exercise caution and due diligence when choosing a trademark. Choosing the wrong one can lead to unnecessary costs, lost sales, violation of the trademarks of other companies and lawsuits.

It sounds like a great deal – instead of putting Fred on the payroll, the company hires him as an independent contractor (“IC”). The company avoids having to withhold income taxes, withhold and pay Social Security and Medicare taxes, and to pay unemployment taxes on what Fred earns. Fred likes it because his check is bigger than it would be if he were a regular employee. But there is a catch, many IC relationships are not legally valid, a lesson that employers are learning the hard way as they face tax audits and lawsuits with potentially huge payouts.

Under a variety of legal theories, state courts have held employers liable for the acts of their employees. Employers have been found liable for injuries caused by their employees to coworkers, customers and the general public. Whether an employer’s risk of being liable for an injurious action by an employee is mitigated or increased depends upon the actions an employer takes well beforehand.

When doing business with the U.S. Government, regardless of whether at the prime contractor or subcontractor level, companies must comply with a myriad of laws and regulations that are in addition to the standard contract terms found in the commercial market. Because a subcontractor lacks privity with the Government (i.e. there is no relationship directly between the two parties), the laws and regulations applicable to subcontracts are much less than those applicable to a prime contractor.

Many small business owners start their businesses with the hope of selling them to larger companies. However, the success of a sale is greatly impacted by proper planning. For instance, disputes among owners often arise during sales, and having an appropriate mechanism to settle the dispute can be the difference between the success or failure of the sale. The key is to address issues before they crop up.

The General Services Administration’s Multiple Award Schedule is one of the government’s primary contract vehicles for purchasing commercial products and services. Although the Schedule is intended to mirror commercial practices, there are significant obligations that a would-be contractor should consider when deciding whether or not to seek a Schedule contract.

The Government has wide latitude when evaluating the past performance of a bidder. When evaluating a bidder, the Government may consider the experience and qualifications of a parent, subcontractor, or other third party to meet a responsibility criteria. However, the bidder must provide the Government with adequate evidence that the third party is committed to the success of the bid.

There is a well established and growing trend to hold owners, executives and managers personally liable for work-related decisions. The risk of being personally liable to an employee or former employee has made many managers nervous every time they make employment related decisions.

Most U.S. companies that violate U.S. export controls do so unintentionally due to lack of knowledge about applicable U.S. laws and regulations or due to insufficient internal controls. The “Deemed Export Rule” is one of the often overlooked and misunderstood parts of U.S. export controls and can have a significant impact on entities that employ foreign nationals. With violations subject to criminal and civil penalties and an increased focus by the U.S. Government on Deemed Exports, companies must be proactive in their compliance efforts.

Non-compete agreements are commonplace in today’s business world. Companies often use these agreements to protect their trade secrets and customer bases by restricting the post employment work of an employee. However, these restrictions conflict with basic public policy that an individual is free to work and earn a living and the public’s fundamental interest in free and open competition.