Image Source: Rob Mieremet / Anefo [CC BY-SA 3.0], via Wikimedia Commons In 2007, Ike Turner died leaving a large estate and several friends and family claiming it as their own. Due to the lack of legal documentation and representation he left his estate in the hands of the state to determine the heir to his fortune. Who is entitled …
What To Do If Your Partner is Stealing From the Company
If you are a co-owner of a company, and you believe (or know) that your partner is stealing from the company, you have rights and you have options — even if you’re not “in charge” or own a minority interest. Actionable Claims When a Partner Steals There are a number of possible issues that come arise when a partner steals …
What is Trademark Infringement?
A trademark is any word, design, symbol or phrase, that identifies the source of a particular product or service. For example, “Apple Computer” doesn’t indicate a computer generally. It indicates a computer produced by Apple Computer Corporation. The golden arches in front of a McDonald’s Restaurant doesn’t indicate “hamburgers,” but hamburgers produced by McDonald’s Corporation. Many business owners get confused …
Why You Need a Buy-Sell Agreement
Changes in small business ownership can be costly, and negatively impact the business. If you are in a small business partnership, you should establish a buy-sell agreement to pre-determine what will happen if one of the partners leaves the business. You may not anticipate that either of you will leave; however, death, divorce, changes in circumstance, a risky economy and …
Served with a Lawsuit? Now What??!?
Inevitably, if you’re an active business and business leader, you will probably find yourself in a lawsuit at some point in your life. Hopefully, it won’t happen for years, and when it does happen, will be very infrequent. When you are sued, it will be an emotional hit. It may be embarrassing, depending on how you were served (i.e. how …
5 Tips: How to Dissolve a Partnership as Painlessly as Possible
Closing (called dissolving) a business partnership can be compared to a divorce, from a cost and emotional impact to the partners. Neither party expects the relationship to degenerate into contention, but it happens more often than you might think. Whether business circumstances change, or some dispute arises between the partners, when the business partnership cannot endure, it’s time to legally …
Contract Tip: Understanding the Offer
Contract law can be a confusing mess, especially for busy business leaders. It pays, however, to know some of the basics of contract law in running a business. Such basic knowledge will help avoid potential liability or disaster down the road. If you don’t already know what a contract is, it is a “bargained for exchange of value” between two …
Are Non-Compete Agreements Enforceable in New Mexico
The quick answer is “yes,” provided they are “reasonable” and provided they do not restrict certain professions that are statutorily protected. It can be difficult for a business to gain a competitive advantage over their competition. Many successful companies rely on trade secrets to create a product or service that is better for consumers than a competitor’s, but if an …
Business Tips: Building Your Business and Avoiding Halting Debt (Pt. 1)
The saying, “It takes money to make money” generally is true. It might be safer to say that it takes some risk to earn some reward. Most who want to start a business in New Mexico are looking to create financial stability, not to acquire insurmountable debt. Therefore, it is crucial not to fall to into the trap of spending …
Temporary Restraining Orders (TRO)
A temporary restraining order (or “TRO”) is a court order that immediately controls or restricts the behavior of one or more parties, temporarily and usually in an emergency, until there’s time to actually have a hearing so the court can evaluate the evidence to determine whether the order should stay in place (usually called an injunction) or cancelled. In order …
