One of the best (and most affordable) risk management tools available is the clear, concise, written business agreement. What’s not to like about oral (i.e., unwritten) agreements? Let us count the ways: 1. Unenforceability. Some aren’t even legally … Continue reading →
August 22nd, 2017 by MOswald | Tags: legally enforceable, Oral Agreement, Risk Management
Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Litigation, Real Estate, Risk Management | No Comments »
A well-known Silicon Valley company got caught in media firestorm last week when it fired an employee for what he posted on an internal (i.e., non-public) “Suggestion Box” discussion forum. I use the word “caught” advisedly. It appears the … Continue reading →
August 15th, 2017 by MOswald | Tags: dispute resolution, forum, internal discussion forum, rules of engagement
Articles, Compliance, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Risk Management, Strategy, Uncategorized | No Comments »
Cybersecurity has been a serious business concern for several years now. It doesn’t seem to be getting any better despite a wide range of efforts to combat the bad guys. In fact, according to the Ponemon Institute’s 2017 Cost of … Continue reading →
June 28th, 2017 by MOswald | Tags: Cybersecurity, cybersecurity insurance, data security breach
Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Liberty, Litigation, Outsourced GC, Risk Management, Strategy, Uncategorized | No Comments »
In a tightening market for talent (especially tech talent), your company’s culture is a key differentiator. The CEO of Scentsy, (a company known for being a great place to work) recently said: “The right company culture attracts the right people … Continue reading →
May 30th, 2017 by MOswald | Tags: company culture, Employee handbook, employment law, employment policies, legal compliance, review team
Articles, Attorney - Client Relationship, Compliance, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Non-Disclosure Agreements, Outsourced GC, Risk Management, Strategy, Uncategorized | No Comments »
Congratulations! You have decided to start a consulting business so other business leaders may access the wisdom you have accumulated in your career. Here’s a tool to help you prepare a tightly-focused Consulting Agreement that won’t slow down your … Continue reading →
May 17th, 2017 by MOswald | Tags: collection risk, consulting, consulting agreement, intellectual property, Risk Management
Attorney - Client Relationship, Compliance, Contracts, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Non-Disclosure Agreements, Outsourced GC, Risk Management, Strategy, Uncategorized | No Comments »
In our post Top Five Ways CEOs Can Utilize Business Lawyers we suggested: Write a Sales Contract that Speeds Up Getting to Yes. Do you have a sales contract that you copied off the Internet, or a 20 page … Continue reading →
May 9th, 2017 by MOswald | Tags: business contracts, contracts, Sales contract, software license agreement
Articles, Attorney - Client Relationship, Compliance, Contracts, Franchising, Fundamentals, General, In-house Counsel, Intellectual Property, Liberty, Litigation, Non-Disclosure Agreements, Outsourced GC, Risk Management, Strategy, Uncategorized | No Comments »
We at InnovaCounsel recently asked several software company execs this question: “What are the big issues that are costing you sleep these nights?” In Parts 1 and 2 of this series, we addressed these issues: “Use of [independent] … Continue reading →
May 2nd, 2017 by MOswald | Tags: company privacy liability, contract form, Disaster Recovery Program, Large Enterprise Customers, Risk and Insurance
Articles, Attorney - Client Relationship, Compliance, Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Liberty, Litigation, Non-Disclosure Agreements, Outsourced GC, Risk Management, Uncategorized | No Comments »
We at InnovaCounsel recently asked several software company execs this question: “What are the big issues that are costing you sleep these nights?” Last week, we addressed the issue: “Use of [independent] contractors and having various taxing agencies dictate … Continue reading →
April 25th, 2017 by MOswald | Tags: intellectual property, IP, New Hire Orientation, Software Ownership claims
Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Litigation, Non-Disclosure Agreements, Outsourced GC, Risk Management, Strategy, Uncategorized | No Comments »
Top Five Ways CEOs Can Utilize Business Lawyers You’ve heard that an ounce of prevention is worth a pound of cure. How can you apply that if you are the CEO of a company that’s not yet big enough … Continue reading →
April 4th, 2017 by MOswald | Tags: CEO, contracts, Human Resources, Independent Contractor, Sales contract
Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Litigation, Non-Disclosure Agreements, Outsourced GC, Risk Management, Strategy, Uncategorized | No Comments »
Once you have figured out what your company’s trade secrets are, it is vital to engage your employees in the effort to protect them from improper use or disclosure. Remind employees that company prosperity is vital to employee prosperity. … Continue reading →
March 31st, 2017 by MOswald | Tags: employment, Inventions, trade secret information, Trade Secret Protection, Trade Secrets
Articles, Employment, Intellectual Property, Non-Disclosure Agreements, Risk Management, Strategy, Uncategorized | No Comments »