11.20.2006

TWENTY-FIRST CENTURY BUSINESS LAW

We live in an extremely exciting time for any new business or entrepreneur. The Internet has allowed any new company or even Mom and Pop store to gain access to a much bigger market.

eBay, Google, Yahoo! and all the many other Internet Business Entities allow you to start a company and sell your product or service to a much bigger market than your traditional brick and mortar store.

However as an attorney small companies and big companies should think about the issues that can be caused when a business deal goes bad. You need to have a contract when ever you are dealing on the Internet and doing business.

A solidly drafted contract by your attorney can help protect you as an entrepreneur and give you recourse when a deal goes bad.

Things such as reimbursement for attorney costs and collection costs can be important when you need to collect on a delinquent account. Non-Compete clauses can help protect you from a business partner or customer from stealing your business from you.

The Internet Commerce model allows us to buy and sell across the country and shows why a contract that involves a sale of one million sprockets from a Michigan Factory to a Oregon Manufacturer needs a choice of law and even a venue clause in the contract. If you are a Michigan company who needs to sue for Breach of Contract why not have it written in the contract, that it is governed by Michigan Law with Michigan as the venue for any lawsuit or better yet the county where your headquartes is located.

The Ultimate Message to all Internet Entrepreuners is find a good attorney you feel comfortable with from the beginning who will help you protect your interests in all your business transactions.

It is much cheaper for an attorney to protect you before a problem happens rather then trying to fix a problem.

www.lawcpg.com

11.08.2006

IF IT IS WORTH ANYTHING

Please get any contract that is worth anything to you put in writing. I know that this theme is consistently harped on in this BLAWG but I can't emphasize it more.

I had a trial on Monday regarding an employee sales commission case and it came down to he said, he said, instead of having it written out. Luckily for my client he had documented his offers that were not accepted by the Plaintiff but were in stark contrast to the alleged agreement by the Plaintiff. Now if the Plaintiff had a writing signed by my client consistent with the terms he alleged he may have won a settlement in the $300,000.00 range. The Plaintiff learned the hard way.

PUT IT IN WRITING !!!!


www.lawcpg.com