On a daily basis, any small business owner has to think about finances, legality, relationships, insurance, customers, vendors, suppliers. It is almost impossible for one person to be able to manage all of those aspects all of the time. But a business doesn’t have to...
Small Business Advice
Often when I’m advising small business owners I tell them that they need to assemble a Management Team. After telling me they can’t afford a management team, many of my clients ask: What does a management team look like? Who would be involved in that...
#mattthelawyer, Intellectual Property, Small Business Advice / 30.07.2018
There is No Such Thing as Good Faith Copyright Infringement
An interesting copyright case came across my desk recently that I need to stress is probably quite wrong and likely to get overturned on appeal. But nonetheless, the case presented the issue related to copyright and Fair Use. As background, whenever a claim of copyright...
#mattthelawyer, Design, Employment Law, Learn to Love Your Legal, Small Business Advice / 25.07.2018
Non-Compete Agreements & Freelance Work at Creative Agencies
A couple of days ago I met with a client who is dealing with some changes to her employee manual. This is a creative firm and one the questions she had was: what are the intersections between non-compete agreements and freelance work by her creative...
#mattthelawyer, Employment Law, Small Business Advice / 20.07.2018
#MeToo & the Courts, Employers Take Note
Recently, a U.S. Appellate Court in Pennsylvania issued what is likely the most important employment law case this year. The case, which had some pretty heinous harassment by a supervisor, is probably the first case of significance to directly address some of the issues brought...
#mattthelawyer, Contracts, Intellectual Property, Small Business Advice / 20.06.2018
Interview of MatttheLawyer
One of my clients Colleen Gratzer hosts a podcast called Design Domination. Colleen asked me to help explain some legal matters related to design and the creative business. You can listen to our conversation or read the transcript (if that is your thing). Also, if you are in the...
#mattthelawyer, Contracts, Small Business Advice / 11.05.2018
Considerations for Non-Compete Agreements
One aspect of dealing with creative and service-based industries, as I often do, is that many employers have a non-compete agreement for their employees. I understand the desire and sometimes the need for the agreement. But as a class of agreements, non-compete agreements are among...
#mattthelawyer, Contracts, Small Business Advice / 09.05.2018
Good Faith & Fail Dealing
One of the first classes that law students take when they begin law school is Contracts. It is a standard first-year course that provides the background and basics for the study of private law. The course is important to learn about how contracts are interpreted...
#mattthelawyer, Contracts, Employment Law, Small Business Advice / 02.05.2018
Office Romance in the #MeToo Era
Since the explosion of accusations against people like Harvey Weinstein, Matt Lauer, and so many others, famous and not famous. Workplace sexual harassment and certainly sexual abuse are illegal and should be addressed with all of the legal and human resources tools available. But let's not...