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How to Protect your Intellectual Property

In Intellectual Property by Don KochersbergerLeave a Comment

Ideas, confidential information, formulas, and trade secrets are all examples of intellectual property. Intellectual property can give you or your business the advantage over your competition. You might have made a discovery lately that you want to protect. Or, you might have recently had your intellectual property stolen. Finding a way to protect what is rightfully yours can help you …

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Understanding Different Business Entities: LLC vs. Inc.

In Corporate Formation, LLC Formation by Don KochersbergerLeave a Comment

Knowing how your business entity should be formed is the first step to running a successful company. You may have questions about what a Limited Liability Company (LLC) is or why you might want to consider forming a corporation. You may also have questions about what is best for your company. This week, we’ll focus on the LLC and Corporations …

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Business Formation Options

In Corporate Formation by Don KochersbergerLeave a Comment

Congratulations, you’re ready to start your own business! You have your idea, your location, your funding, and possibly a business plan to get it all together. But, first things first–you’re going to have to plan how you want your business to be organized for tax purposes, accounting purposes, and most importantly, for liability purposes. So which business formation structure best …

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Federal Courts Should Use State Law to Interpret a Contract’s Venue or Forum Selection Clause

In Contract Disputes, Contracts, Litigation & Lawsuits by Don KochersbergerLeave a Comment

Most circuits have not decided this issue. Those that have addressed it typically recognize that no reason exists to treat a venue selection clause differently from the remainder of a contract that will be interpreted using state law. See, e.g.,  Northwest Nat. Ins. Co. v. Donovan, 916 F.2d 372, 374 (7th Cir. 1994) (“Validity and interpretation are separate issues, and …

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Burden of Proof on a Motion to Dismiss for Improper Venue

In Litigation & Lawsuits by Don KochersbergerLeave a Comment

Defendants should have the burden of proof on a motion to dismiss for improper venue. A split of authority exists on this issue. 14D Charles Alan Wright, et al., Federal Practice and Procedure § 3826, at pp. 555-62 (3d ed. 2007).  In our jurisdiction, the federal courts, unfortunately, have not ruled on the issue. See Burns v. Events & Transportation …

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Twombly/Iqbal Stay of Litigation

In Litigation & Lawsuits by Don KochersbergerLeave a Comment

Under Twombly/Iqbal pleading standards, defendants who are named in a poorly drafted lawsuit should not have to bear the expense of defending frivolous claims before the court can evaluate the plaintiff’s claims. As the Supreme Court noted in Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009), a plaintiff who fails to adequately allege a viable complaint is not entitled to “unlock …

Twombly/Iqbal Dismissal of Litigation

In Litigation & Lawsuits by Don KochersbergerLeave a Comment

The Twombly/Iqbal pleading standard can be effective in resisting frivolous claims by plaintiffs. This pleading standard demands “more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). In applying these standards, a court considering a Rule 12(b)(6) motion to dismiss need not accept the …