Business Law

Keep your organization on the right side of the law with expert advice on all aspects of business law. Topics covered include: arbitration, mediation, liability insurance, intellectual property (patents, copyrights, trademarks), binding arbitration, domain names registration, buying domain names, mediation services, avoiding bankruptcy, real estate law, product liability and business incorporation (business partnerships, sole proprietorships, S corporations, LLCs and C corporations).

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    In his State of the Union speech, President Bush made a hearty push for Congress to pass association health plan (AHP) legislation. But don't hold your breath.

    If you make, sell or even use security equipment that can help guard against terrorism, tap into the federal government's protection against lawsuits resulting from terrorist attacks.

    Last year, the federal Health Insurance Portability and Accountability Act (HIPAA) required companies that sponsor large health care plans (more than $5 million in premiums or claims) to start complying with new privacy rules.

    This year, it's your turn. Starting April 14, smaller businesses that fall below the $5 million threshold must comply.

    If your company sends commercial e-mail ads to customers or clients, pay attention to the feds' new effort to stop junk e-mail.

    As the Internet flourishes, scores of Internet profiteers and disgruntled ex-employees are rushing to claim Web site addresses ("domain names") of companies and then turning around and attempting to sell the addresses back to the companies.

    Do your receipts still display the customer's full credit card number? If so, switch to an updated system or you'll risk violating a new law.

    Congress clears way for overtime revamp.

     

    Medicare reforms include pro-business changes.

     

    Congress gives all employers ability to confirm I-9 documents.

     

    Create a drug-free workplace with free government advice.

     

     

    In this post-Enron world, it’s important to show your staff (and possibly, a court) that you’re serious about being a good corporate citizen.
    Q. One of our employees downloads music from the Internet and uses it in PowerPoint presentations.
    Q. I’m fed up with bounced checks. Are we limited in the fee we can charge, and how do we collect?
    Issue: You can’t “experiment” with your pricing as much as you may think.

    Risk: Fines from Federal Trade Commission (FTC) or your state’s consumer-protection agency of up to $11,000 per violation per day.

    Action: Review your pricing strategy for inconsistencies.
    Issue: Ordinary property-loss insurance may not protect you against cyber-terrorism.

    Risk: Financial ruin, if you lose trade secrets or your credibility with customers is damaged.

    Action: Talk to your broker about cyber-insurance.
    Issue: Protecting your organization’s secrets from competitors and preventing staff from jumping to the competition.

    Risk: Noncompetes won’t stick if they’re overly broad or cover too many employees.

    Action: Determine which key employees could walk out with the most damaging information.
    Issue: Economic malaise has left many companies in the lurch after their customers declare bankruptcy.

    Benefit: Fast action can help you recover what you’re owed.

    Action: Task your CFO with keeping tabs on bankruptcy filings; get tough on payments before a client goes under.
    Ever wonder if you’re being set up for a lawsuit? You might be if one of your employees has got you thinking about letting her work from home instead of coming to the workplace. Why? Because if you don’t set it up just right, a crafty plaintiff attorney— like me—may come knocking on your door.
    Issue: Avoiding liability for accidents and injuries at your company.

    Risk: Big court damages if the injured person can prove your negligence.

    Action: Fix potential hazards; warning signs and waivers won’t save you.
    Issue: Laws applying to Web site sales and promotion are evolving.

    Risk: You could face civil lawsuits, government fines of up to $500,000, jail time and the loss of your site’s copyright.

    Action: Audit your site’s legal compliance, starting with these five problem areas.
    When you’re in a new situation, force yourself to enjoy it—even if you secretly yearn for a safer, easier past.
    Want to identify job candidates with mettle?
    Many small businesses are adding mandatory arbitration clauses to their routine customer contracts.
    You may recall all the hoopla that accompanied passage of the Health Insurance Portability & Accountability Act of 1996 (also known as the Kennedy-Kassebaum health insurance reform law).
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