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Category: BUSINESS LAW
Looking For A Video Game Lawyer
With a video game lawyer from our firm on your side, you can be sure your creative efforts are protected from the unscrupulous business practices and frivolous claims of those who want to take your money and your time. Video game law is a branch of entertainment law that deals specifically with the unique needs of the gaming industry. Copyrights, intellectual property and licensing are a large part of video game law, but contract issues are also involved. If it is part of developing a video game, it is covered by video game law and we have a video game lawyer who can handle it for you. Documenting every aspect of video game development with complete and clear paperwork is crucial for a successful video game development business. Good documentation is the key to avoiding costly and damaging legal issues. ...
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Puffery: How far is too far?
In business, it’s necessary to promote products and services, and in the course of promotion, sellers have a tendency to hold their products in the best light possible. But, there’s a fine line between putting your best foot forward and misrepresenting the facts. This article covers the difference between outright misrepresentation and making positive statements about the products or services a business offers. What is Puffery? Puffery is a term defined by the Federal Trade Commission (FTC). Because the FTC protects consumers from misleading, unfair, and deceptive business practices, they receive complaints about businesses who exaggerate the claims of their product. Those businesses that make blatantly false claims are penalized by the FTC. However, the FTC defined puffery because businesses often make claims about products and services which can’t be universally proven. For example, “We offer the best burgers in ...
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Starting a new business
Arizona Corporate and Small Business Lawyers As a child, I stood in awe at the skyscrapers of metal and glass that were home to some of the world’s biggest corporations. Today, I am equally amazed at the small businesses that are the driving force of our nation’s economy. No matter what kind of business it is, I always ask myself how it got to where it is today. The success of a business is rooted in its foundation, and like a tree, a business is only as strong as its roots. So in order to firmly supplant your business in its particular niche, it is important to take the time to understand the different options you have when forming a business. In Arizona there are several choices to consider when starting a new business, some of which are: Limited Liability ...
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The Social Responsibility of Business
The CEO of Ford Motor Co., William Ford Jr. — “A good company delivers excellent products and services, and a great company does all that and strives to make the world a better place”. That’s exactly what I strive to do to make the Kelly Law Firm a great company as a business owner. Promoting social responsibility on the corporate level is something my firm and I believe to be one of the reasons why the firm exists. By getting out of the office and physically contributing to the community, instead of simply writing a check, our passion for practicing law continues to grow as we get out and among the people we serve. It’s humbling to see what kind of social impact I can have by making specific contributions to causes promoting justice. Such contributions come by volunteering on ...
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The Small Business Jobs Act of 2010
The Small Business Jobs Act of 2010, signed into law by President Obama in late September, is designed to tackle America’s continuing high unemployment rate by bolstering that sector of the American economy that has traditionally been responsible for the creation of the most American jobs: the small business sector. Small businesses, defined by the Small Business Administration (SBA) as any commercial concern with fewer than 500 employees, employ slightly over half of all private sector employees and over the past 15 years have generated close to 65% of all new jobs. It’s no secret that the recent economic downturn has hit small business where it hurts. Even in prosperous times, business formation is a risky endeavor: over half of all small businesses fail within their first year, in part because their owners have an incomplete knowledge of the business ...
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Seeking Judicial Assistance Abroad
The world, as the cliché goes, is a global marketplace. Online businesses in the United States usually do not restrict themselves to selling to only clients within the country any longer. While the challenge of enforcing contracts was once bad enough in suing defendants in out-of-state jurisdictions in the United States, dealing with defendants in foreign legal systems is now becoming more commonplace. But how can someone effectively serve legal documents on a defendant in a different national jurisdiction which is not subject to the Full Faith and Credit Clause of the Constitution? Bringing actions in the local courts of the defendant will only be as complicated as their legal system, but here is some information about the processes involved when an action is brought in the United States against a defendant in a foreign country. Service of Process While ...
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Franchises: breach of contract, the franchise agreement, and the role of the franchisee
Franchises: How to enter a franchise agreement and why some fail Entering a franchise agreement isn’t some fly-by-the-seat-of-your-pants decision. A decision to purchase a franchise should only come after a great deal of seeking sound advice, careful planning, and time to make such a huge decision. When all of your planning is complete, make absolutely sure you are comfortable with your decision to purchase a franchise. If you have any misgivings whatsoever, don’t buy the franchise! Most franchises are usually grouped into any one of the following categories: food and hotels – restaurants, fast food, bars, frozen yogurt, or ice cream retail – electronics, sporting goods, shoes, clothes personal services – fitness clubs, beauty, hair, tanning, and nail salons property services – plumbing, heating, air-conditioning, carpet cleaning, automotive – oil change, car wash, car dealerships, gas station, auto repair business ...
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Business Fraud and Internet Fraud
Business Fraud If something sounds too good to be true, it probably is. Yes, that’s usually the case. In today’s painful economic environment, these words seem to be all the more relevant and unnerving at the same time. As a business owner, you want to watch out for schemes and scams that may tempt you to pad your business is pocketbook. Business fraud has materialized and morphed into different forms, but here are two common types of business and internet fraud scams that targeted small businesses back in 2009. How can your business best avoid falling victim to business fraud scams? Hire an experienced business lawyer or fraud lawyer. Regularly check in with your business lawyer regarding any proposals that come across your desk before investing your hard-earned money into something that may be fraudulent. Internal Business Fraud There’s no ...
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Forming a Limited Liability Company in Arizona
One of the most common legal entities formed by business owners in Arizona is a limited liability company or LLC. This type of legal entity is similar to a partnership or corporation, but there are distinct differences between an LLC and Corporation. LLC’s don’t have such stringent rules and requirements like a Corporation. LLC’s are also different from partnerships in that they do not have unlimited liability placed on them. And LLC, therefore, limits the liability assumed by the members, must have the word “limited” in the name of the legal entity, be treated like a distinct and separate legal entity apart from the members of the LLC, and members have control over who can be admitted as a new member of the LLC. The LLCs benefits There are numerous benefits for incorporating your business as an LLC. Not the ...
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Putting Your Business Online? Untangle the Legal Web First
Businesses large and small have witnessed their market share grow as a result of the internet. One essential element for success for businesses with an online presence is compliance with the law. The consensus of the online business world indicates that a quasi-mutual relationship exists between the business’ website and the website visitor. That said, there are certain obligations and responsibilities that should be defined on the website. Some of the obligations are contractual, others are statutory. The “Terms of Service” establish the most basic relationship between the website and the user. The Terms of Service map out what defines acceptable use on the part of the user and what the user can expect from using the site. The user is required to accept and follow the Terms of Service and use the website according to Terms of Service. In ...
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Posted in Business Law, Internet Law
Tagged Affiliate Marketing Law, Internet Marketing Law
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