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What You Need To Know About Business In 2021

In Business Tips, Business Transactions, Dispute Resolution, Litigation & Lawsuits by Don KochersbergerLeave a Comment

Firm Partner, Don Kochersberger talks about the dollars tied to documentation. Failure to consider how you store and retain your business’ documents can be a very serious and costly mistake.  Even if they have never seen the inside of a courtroom or been involved in a lawsuit, every business owner knows that litigation is ridiculously expensive and something to avoid …

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Purchasing a Business That Has Debt.

In Business Tips, Business Transactions, Contracts, Departing Partner, Partnerships by Don KochersbergerLeave a Comment

Structuring the sale correctly will give you peace of mind and potentially save you thousands. Attorney Don Kochersberger weighs in on what to do when existing debt was not handled appropriately during the sale of a business. Dear Don, My boyfriend and I recently bought a business.  It is a gym that my boyfriend has been a trainer at for …

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What Counts as “Essential Business” in Today’s COVID-19 Environment?

In Business Tips, Business Transactions by Don KochersbergerLeave a Comment

Recently the Governor of New Mexico issued a stay at home instruction for New Mexicans.   https://cv.nmhealth.org/2020/03/23/state-enacts-further-restrictions-to-stop-spread-including-stay-at-home-instruction/  The order lists what types of businesses have been deemed “essential business” but falls short of offering much detail other than that.   The fact of the matter is many businesses provide products and services that their owners/managers certainly believe to be essential in today’s …

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Are Handshake Deals Enforceable?

In Business Tips, Contract Disputes, Contracts, Dispute Resolution by Don KochersbergerLeave a Comment

There is a common misperception that written contracts are required for any agreement to be enforceable.  While it is almost always preferable to have a written contract, hopefully crafted by an attorney with an understanding of the issues related to the specific type of agreement contemplated, all is not necessarily lost if you do not. There are some types of …

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Employees’ Discussion of Work Conditions: Including Pay

In Department of Labor (DOL), Employment Law by Don KochersbergerLeave a Comment

Do you tell your employees not to discuss their pay with each other?  If you do, you are not alone … and you are violating the law.  The National Labor Relations Act of 1935 prohibits interfering with employees’ discussion of work conditions, including pay.  If you are interested in more information, please contact us at 505-848-8581.  In the meantime, this …

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Social Media, Private Conversations and Your Business

In Business Tort, Marketing Tips by Don KochersbergerLeave a Comment

In the fast-paced world of tweets, Facebook posts, and cell phone cameras, people often post before really thinking. Similarly, what is said in private conversation doesn’t always stay private these days. Recently a ‘private’ conversation between Clippers owner, Donald Sterling, and his girlfriend made big news and became the subject of both news streams and headlines, after a recording of …

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Same-Sex Marriage and Business Partnerships

In Partnership Dispute, Partnerships by Don KochersbergerLeave a Comment

Owning a business with one’s spouse is a common—albeit arguably stressful at times—occurrence. At BLSW, we know that managing legal matters as a partnership—both in marriage and in business—is always easier with a strong and skilled team on your side, and we’re happy to help answer questions that arise with understanding the collaboration of marriage and business. On December 19, …

The Super Bowl Ad Heard ‘Round the Country

In Marketing Tips by Don KochersbergerLeave a Comment

When developing a communications and marketing plan for law practices, it’s often said that targeting is much more effective than casting a wide net. Apparently no one told that to personal injury attorney, Jamie Casino. Nobody except people in Savannah, Georgia had ever heard of Jamie Casino prior to the 2014 Super Bowl.  But his over-the-top ad, which cost $35,000 …

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Trade Secrets – What intellectual property qualifies and how to protect them

In Intellectual Property, Trade Secrets by Don KochersbergerLeave a Comment

The phrase “trade secret” conjures something that might very well be at the center of a plot in the latest John Grisham novel. And while trade secrets should indeed be carefully guarded, the true definition of a trade secret is much more black and white. The term trade secret can be used generally when referencing a variety of intellectual property. …