Don’t Feed the Trolls: Second Anti-patent-trolling Bill Coming to Congress

By Jordan L. Donaldson on Friday, May 3rd, 2013

Don’t Feed the Trolls: Second Anti-patent-trolling Bill Coming to Congress

Over the past decade, the rise of “patent trolls”—companies that exist just to litigate patents—has had a crushing effect on countless businesses. Despite years of inaction, the industry has reached such a massive size (around $29 billion in direct legal costs alone) that Congress is starting to pay attention.

Yesterday, Senator Chuck Schumer (D-NY) announced that he’ll be introducing the second bill aimed at combating patent trolls this year.  The first was the SHIELD Act, brought back in a new form this ...

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Trademarks: Registration, Strength, and Protection

By Jordan L. Donaldson on Thursday, May 2nd, 2013

Trademarks: Registration, Strength, and Protection

Introduction to Trademarks

A trademark is a word, a group of words, a symbol, or some combination of those things used in commerce to identify the source of a product to consumers (or potential consumers) of that product. A service mark provides the same purpose of identifying the source, but for services instead of for goods. To keep things simple, I’ll just talk about “trademarks,” but you should understand that the same principles apply to service marks as they apply to trademarks. ...

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Liquidated Damages Clauses and Their Enforceability

By Jordan L. Donaldson on Wednesday, March 27th, 2013

Liquidated Damages Clauses and Their Enforceability

A client recently asked me about a liquidated damages clause in a contract they had signed. They wanted to know if it was enforceable and to what extent. I’m summarizing my answer to my client here because it is relevant knowledge for all business owners, whether in drafting contracts or committing to contracts proposed by other parties.

Definition of a liquidated damages clause                  

Under both Florida law and general contract law, when a ...

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Senators Urge SEC Implementation of Stalled JOBS Act Rule

By Jordan L. Donaldson on Friday, January 18th, 2013

Senators Urge SEC Implementation of Stalled JOBS Act Rule

My clients who are interested in private funding have been asking recently about the delay in the SEC’s implementation of the JOBS Act. Section 201 of the JOBS Acts serves to remove an outdated SEC provision that prevents small businesses attracting capital from accredited investors throughout the United States. This provision has hampered many small businesses looking for capital, as it required them to raise capital solely from investors they had a pre-existing relationship with. The proposed JOBS Act would remove the solicitation ...

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Raising Capital through Private Placements: The Basics of SEC Regulation D

By Jordan L. Donaldson on Sunday, May 13th, 2012

Raising Capital through Private Placements: The Basics of SEC Regulation D

One of the more common conversation topics brought to light by my business clients is raising capital for expansion. There are many ways to raise money for a company with which clients may already be familiar. These include debt financing, equity financing, and private contracts to ensure percentages of top-line revenue in return for non-ownership investments. However, the aspect of funding and financing that most clients do not ordinarily consider is how to raise money while remaining in compliance with ...

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Corporations vs. LLCs: Essential Pros and Cons

By Jordan L. Donaldson on Saturday, May 5th, 2012

Corporations vs. LLCs: Essential Pros and Cons

It is often desirable to operate a new business though a business entity which provides restrictions on the personal legal liability of each owner as well as other tax and operating advantages. For business owners who have come to the conclusion that they need a business entity, the choice between a corporation or an LLC (Limited Liability Company) is a popular decision that our attorneys help clients make every day. While corporations are tried and true, having proven themselves to ...

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Florida Business Owners Need the Law on their Side

By Jordan L. Donaldson on Friday, January 13th, 2012

Florida Business Owners Need the Law on their Side

It doesn’t matter if you’re a small business owner or the CEO of a Fortune 500 company. There is one undeniable fact that business men and women need to understand if they are to be successful in any industry: the law makes the world go ‘round.

Sure, many people think it’s money that powers our globe’s rapid rotation, but the important thing to keep in mind is that business is built upon a series of transactions governed by various laws. Billing ...

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Estate Planning Concerns for Unmarried and Non-traditional Couples

By Jordan L. Donaldson on Saturday, November 26th, 2011

Estate Planning Concerns for Unmarried and Non-traditional Couples

You’ve been living with your soul mate for nearly a decade, and things are just amazing. You know how your lives will be for years to come, and it’s satisfying that you’ve found someone to spend the rest of your life with. But, have you both talked about everything? Really? Unmarried couples, while just as devoted to each other as those who have taken the plunge, aren’t protected by the same laws. This is why non-traditional couples need to consider ...

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The Pitfalls of LegalZoom and Other DIY Estate Planning “Solutions”

By Jordan L. Donaldson on Monday, November 7th, 2011

The Pitfalls of LegalZoom and Other DIY Estate Planning “Solutions”

Considering Your Estate Planning Options

When considering the number of options available to you for preparing a will or setting up a trust, which will you choose? Software or web applications, such as LegalZoom, may stand out for their ideal pricing in comparison to hiring an attorney. Alternatively, perhaps you are considering a free do-it-yourself website or cheap will forms from an office supply store. However, all of these options have risks that are not obvious to consumers, and should be ...

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A Stern Reminder to Companies: Pay Your Employment Taxes

By Jordan L. Donaldson on Tuesday, October 11th, 2011

A Stern Reminder to Companies: Pay Your Employment Taxes

As the recession grows in size and scope, cancellation of debt income and insolvency tax issues have been important planning considerations. However, not to be left in the shadow of these major issues is the government’s commencement of efforts to enforce and improve compliance in the area of employment taxes.

The IRS has commenced a major initiative of enforcement with regards to employment taxes, including hiring on new agents specifically tasked with employment tax enforcement. Why? Simply because ...

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