Business Law & Transactions
Forming and operating a business can involve many legal potholes and roadblocks along the way. W.H. Fisher LLC advises clients on formation of business entities, managing employees and independent contractors, licensing, and trademark issues. W.H. Fisher LLC also assists clients in the drafting of corporate filings and various transactions.
Today the options are widespread when considering a corporate entity. If you are starting a new business venture you must consider your options for your corporate entity. Choosing between a sole proprietorship, partnership, limited liability partnership (LLP), limited liability company (LLC), or a corporation (C or S Corp) involves the weighing of various factors and thinking ahead for your business plan. W.H. Fisher LLC advises clients on the appropriate corporate formation and can draft the appropriate filings to start your company.
Filing your company’s articles of incorporation or articles of organization does not register your company’s trademark. Protecting your business’s trademark is an entirely different process but equally, if not more, necessary.
Registering your business’s trademarks for its name, its products, its services, its slogans, and other source identifiers helps protect your brand and prevent competitors from freeriding on your business’s goodwill. If you are looking to start a business, reviewing prior registrations to avoid infringing others’ trademarks is an important step in deciding on your business or product name. Investing thousands in branding just to get sued for infringement is not a smart use of your startup capital. W.H. Fisher LLC provides clearance opinions to businesses on potential brand names to help prevent weak or infringing trademarks.
Once your business has chosen a protectable trade name, trademark, or service mark for its company, goods, and/or services, our firm can apply for your trademark registration with the United States Patent and Trademark Office to seek a registration that will protect your brand to the fullest extent possible. Navigating the United States Patent and Trademark Office’s application process can be confusing and difficult to those not versed in trademark law, including many attorneys. W.H. Fisher LLC has a robust trademark practice with years of experience registering trademarks for brands in various fields.
Hiring, maintaining, and firing employees can be a scary process for employers with the vast statutory and regulatory restrictions on what an employer can and cannot do. Many questions arise such as: Is the new hire an employee or an independent contractor? Do I need an employment contract or an offer letter? What does “at will” employment really mean? Do the minimum wage laws apply to my employees? How do the overtime laws work? Can I hire unpaid interns? Is my noncompetition agreement enforceable? Do I need a nondisclosure agreement (NDA) and where do I start?
W.H. Fisher LLC advises employers on all of these questions and can draft the appropriate paperwork to ensure you are staffing your business appropriately.
E-Commerce and Copyright Law
An online presence is very important for businesses in the 21st century, but one must be aware of the exposure to liability that such a presence brings. Terms of service and prrivacy policies seem optional but can help protect your business. Likewise, with copyright infringement running rampant in the world wide web and a general lack of understanding when it comes to copyright law, it is important to comply with the Digital Millennium Copyright Act and to avoid infringing others’ works of authorship. W.H. Fisher LLC is experienced in the intersection of e-commerce and intellectual property law and advises website owners on compliance and limited liability.
Transactions and Contracts
Although many people are generally trusting of others, a business relationship can turn south in a heartbeat and you want to protect your interests. A carefully drafted contract can accomplish this and W.H. Fisher LLC has the tools to guide you in protecting your transactions and business relationships.