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Contract Tip: Understanding the Offer

In Business Tips, Contracts by Larry DonahueLeave a Comment

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 …

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Are Non-Compete Agreements Enforceable in New Mexico

In Non-Compete Agreements, Trade Secrets by Larry Donahue4 Comments

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 …

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Temporary Restraining Orders (TRO)

In Litigation & Lawsuits, Partnership Dispute by Larry DonahueLeave a Comment

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 …

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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. …