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Business Law and General Counsel
The Power of the Confirming Email
Posted by: Phil Nelson
October 25, 2011
Business relationships change over time. Sometimes this is done with a written contract, but more often this happens either in person or over the phone. While the law may not treat written and oral statements any differently, in practice the differences can be huge. And costly.
A simple, but often neglected solution? The confirming email.
Portland Restaurant Law Update: Chain Restaurants, Local Supply?
Posted by: Phil Nelson
October 11, 2011
Sustainable. Local. These terms are commonplace throughout much of the Pacific Northwest's food industry. Now, though, they're coming to a national fast food chain near you.
As a result, it's not just foodies and diners who can taste the difference, but local farmers and small businesses, too.
10 Tips for Choosing an SaaS Approach to Software Deployment
Posted by: Bill Du Val
August 29, 2011
If you're looking at new software solutions that won't take up space and reside on your business' servers, the answer's likely in the cloud.
Software as a Service model (SaaS), or cloud computing, comes with its own set of issues for businesses making a buying decision. Here are ten tips to help your business make the a sound choice.
The State of SBA Lending: Dissonance Between Big Banks and Small Business
Posted by: Bill Du Val
August 19, 2011
The Small Business Administration's Office of Advocacy reports that banks are loosening their lending standards for small businesses. But is that capital trickling down to the small business that need it?
Is Precision Castparts' First Quarter Growth Indicative of a Recovery?
Posted by: Phil Nelson
July 31, 2011
Looking for signs that the economy in the Pacific Northwest is coming back? Look to the first quarter profit numbers of one Oregon's two Fortune 500 companies, Precision Castparts Corp.
Out-Sourced In-House Counsel Can Provide Efficiencies
Posted by: Phil Nelson
July 29, 2011
Large companies can justify maintaining a full staff of in-house lawyers. Smaller companies often need the same legal counsel, but they don't need the overhead. Slinde Nelson understands this and is effectively changing the old firm model to meet the needs of today's businesses by offering out-sourced in-house counsel.
Don't Want to Litigate? You'd Better Integrate
Posted by: Phil Nelson
July 21, 2011
Written contracts can provide stability in business relationships. But when a contract says X, but the other party says the agreement really says Y, what do you do? And more importantly, how do you prevent it?
Put Your Best Efforts into RFP Responses
Posted by: Bill Du Val
July 13, 2011
Responding to a Request for Proposal (RFP) can be one of the most important things a business does and can lead to lasting business relationships. It takes plenty of time and resources to aqdequately respond to an RFP. So if you're going to respond at all, you might as well do it right.
Not Your Lawsuit, Not Your Problem? Not Necessarily
Posted by: Phil Nelson
July 12, 2011
Whether buying or selling a small business or merely entering into vendor contracts, performing due diligence on the front end of a transaction can save you headaches, a lawsuit, or worse on the back end.
Small Business Advice: 8 Steps to Take Before Starting Your Own Business
Posted by: Phil Nelson
July 07, 2011
If you're considering opening a small business, your focus should be on doing it smartly and safely.
These 8 tips will help any budding entrepreneur.
Negotiating a Breach of Contract in an Ongoing Business Relationship
Posted by: Phil Nelson
June 23, 2011
Breach of contract issues occur all the time in today's complex business environment. But with ongoing business relationships, contract breaches don't necessarily have to lead to litigation.
Oregon and Washington Franchise Law: Getting Out From Under the Thumb of the Franchisor
Posted by: Phil Nelson
June 21, 2011
As a franchisee, having to deal with the bigger franchisor when things don't go right can often be intimidating, or worse. In Oregon and Washington, however, there are specific franchise laws that can help protect you.
Seattle Times Best of Northwest Ranking Points the Way for Small Businesses
Posted by: Phil Nelson
June 20, 2011
The Seattle Times released its 20th annual list of the best companies in the Pacific Northwest. Many usual suspects appear, but what factors keep them at the top?
A Different Approach to PracticingLaw
Posted by: Bill Du Val
May 24, 2011
Slinde Nelson grew from one under-capitalized client to over 400 well-funded clients in just eight years, and then merged with the business litigators at Slinde Nelson. What sets this relationship apart -- what makes this firm different -- is an entire practice philosophy that's anything but typical.
Microsoft Corporation Rumored to be Considering Nokia Acquisition
Posted by: Kevin Parks
May 17, 2011
The mobile market is a booming business. Microsoft, the Redmond, Washington-based computer and technology giant, seems primed to make a splash into another segment of the mobile market, with the rumors that it may aquire Nokia, the world's largest mobile unit manufacturer.
Bonus Depreciation Adjustment in Tax Relief Act
Posted by: Bill Du Val
March 07, 2011
Under the new Tax Relief Act law for 2011, the Bonus Depreciation expensing limits have been adjusted to the advantage of business owners.
How might the changes affect you and your business?
Losing Limited Liability Protection
Posted by: Bill Du Val
March 02, 2011
Limiting one's liability is a prime motivator for establishing a business entity, such as a Limiting liability is a prime motivator for establishing a business entity, such as a corporation or limited liability company (LLC).
By operating your entity properly and following a few basic rules, your personal assets can remain beyond the reach of creditors. However, piercing the corporate veil can overcome this liability limitation and bring the owner's personal assets into play.
How can this be avoided?
Does your noncompetition agreement actually protect your business? (Part 3 of 5)
Posted by: Phil Nelson
February 01, 2011
Noncompetition and nonsolicitation agreements are similar in that each is a contractual covenant that limits an employee's future employment activities. Generally, a noncompetition agreement prohibits an employee from working for an employer's competitor or starting up a competitive business, while a nonsolicitation agreementprohibits an employee from soliciting business from the employer's customer list. In either case, an employee gives up certain rights, such as the right to freely pursue future employment and entrepreneurial opportunities.
Does your noncompetition agreement actually protect your business? (Part 2 of 5)
Posted by: Phil Nelson
January 14, 2011
Over the years, the law of Noncompetition Agreements (aka: "covenants not to compete" or "restrictive covenants") has evolved. At one time such agreements were considered as per se invalid because of the public harm inherently caused by such restrictions. Now, in most states, reasonable restraints will be enforced.
Here in Oregon, the law generally disfavors Noncompetition Agreements in the employment context. The law however does recognize the need of our businesses to protect sensitive information and investment in key employees.
Does your noncompetition agreement actually protect your business? (Part 1 of 5)
Posted by: Phil Nelson
January 11, 2011
Businesses often require new employees, and sometimes even current employees, to sign noncompetition agreements. But does your noncompetition agreement actually protect your business? Will the agreement you just signed really prevent you from taking a different job later? What kinds of agreements are enforced, and what are not? And how are you ever supposed to know the difference?
