Hiring an International Law Attorney

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Occasionally, business owners are faced with making crucial decisions. And in most cases, they are usually torn between two mutually exclusive options – doing or not doing. “Doing,” most times would mean spending some bucks to optimize their business potentials. On the other hand, “not doing” would mean saving cost and minimizing business risks. However, as a business owner, it is pertinent for you to understand that not every business proposition falls into the “doing and not doing category.” While saving cost might be splendid, you must know that certain expenditures are just unavoidable. One of these is hiring an international law attorney.

Is hiring an international law attorney a must for your business?

Absolutely YES! The truth is, no single business can survive without legal expertise. And given the diversity in America, your business would likely not survive without cross-cultural sensitivity – a primary hallmark of international law. An international attorney is needed in almost every facet of your business. In fact, without having an international law attorney early on, your business might find it difficult to survive. So, what are the importance of hiring an international law attorney?

Unlike some professionals, the job of an international law attorney is not tied to a single role. An international law attorney’s job is an organization is primarily the handling of legal matters, especially international ones. However, a typical international law attorney is also able to handle your lawsuits, file your trademark, and draft relevant agreements. He/she may also serve in an advisory capacity during preparation, negotiation or termination of contracts. An international law attorney can also help you in organizing your corporate meetings. Also, a good international law attorney has an extensive understanding of local, national and international tax systems. This is handy during tax registrations.

For your company to stay ahead of its contemporaries, you must ensure that you hire the service of a sound international law attorney to assist you in handling important business matters. Well, you do not need to search further. Our Miami-based firm (made up of some of the best brains in international law) offers a wide range of legal services aimed at easing the structure, management, and conduct of your enterprise.

International Business Lawyer Miami

By | Business Lawyer, Business Lawyer Miami, International Business Attorney, International Business law, International law firm | No Comments

Nowadays, the need to secure the service of an international business lawyer for your firm (especially if it is an international brand) has become rather inevitable. Occasionally, your business will be faced with a lot of challenges. This may include changes in business formats, transactional or operational laws. Apart from these are also issues of basic zoning compliance, sales negotiations, and copyright. And even though, you may have some level of legal reasoning, it might never be enough to save your business at crucial times. This is a where an international business lawyer comes in.

According to study.com, an international business lawyer is one who advises, advocates for or represents a client’s business interests or issues when it involves two or more country. He/she will provide for your business, every legal backing it needs to remain floated. Some of the functions of an international business lawyer may include helping you regarding the organization of your business, preparation of paperwork tax and contract negotiations. An international business lawyer is also required for products registration, copyright protection and drafting of proposals.

While there are many business lawyers in Miami, the truth is that not all of them have the sophisticated legal expertise required of an international business lawyer. Due to the current volume of global trades, international business law has become more demanding than ever. And to be an international business lawyer, one needs to have an exceptional ability to solve multiple operations. Not only this, an international lawyer is expected to be adept with economic and business facts.

However, you do not need to worry when searching for an international business lawyer for your Miami-based business. Our company, Markowicz International Business Law, boasts of some of the best international business lawyers in the whole of Miami as well as across the globe. We specialize in giving legal advice to Miami-based entrepreneurs and business owners. Our lawyers have an in-depth understanding of the legal framework that guides international business activities.

Our experience cuts across small, medium and large-scale business owners. And if you are an owner of a foreign company looking to get into the U.S. market, we can also assist you to understand the necessary business laws that guide the United States market.

Business Issues with a Business Attorney

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There are many issues that owners of a startup have to confront when they first go into business. One of those issues is determining how much equity each founding member of the company should have. In most cases, the role each founder plays will determine how much equity that each founder has.

For instance, if one member is going to be the CEO while another is going to be an adviser, the CEO should have more of a stake as he or she is taking the bigger risk. Another issue that should be considered is how much each member has contributed and how much each member will contribute in the future. Those who have contributed more to the company should generally have a larger equity stake than those who have contributed less to the company.

Ideally, the person who came up with the idea for the company is going to have a larger stake than others who helped found the company. Without the original idea, there would most likely not be a company to run. Finally, it may be worthwhile to consider what each person gave up to join the startup. Those who left a guaranteed salary and benefits may deserve more to compensate them for the risk that they took to join the company.

How to split equity is one issue that new businesses and their owners may face when they are first created. It may be worthwhile to consult with a business law attorney who may be able to help create a partnership or corporate agreement that puts into writing how much equity each founder receives. Additionally, such an agreement could spell out how an individual may gain or lose additional equity or how equity could be transferred or bought out in the future.

Business Law Attorneys

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At Markowicz International & Domestic Business Law, we specialize in advising clients in Miami, throughout the state of Florida and internationally on all types of business law issues. As the legal framework that guides commercial activities, business law includes all of the rules and regulations that dictate how enterprises can be structured, managed and conducted.

Whether you are looking to start a new company or you already own a thriving business, our attorneys may be able to advise you in a number of different areas. We have experience working with our clients on business formation, business planning and business contracts.

If you are looking to purchase or sell an existing business, we are also prepared to help you handle the legal paperwork for those endeavors.

International business lawyers

We have independent attorneys positioned in prominent cities throughout Asia, Latin America and the United States. Using our combined knowledge and resources, we work together to help our clients navigate complex business transactions both internationally and domestically. One of our key practice areas is helping foreign companies to understand U.S. business law so that they can effectively and legally do operate in the U.S. market. We also work with U.S. companies to assure that they are in compliance with foreign and domestic legal requirements.

If you are a business owner who needs legal guidance while working out distribution agreements or agency agreements, we may be able to help you. We are also prepared to help settle any of the problems that can affect a global company such as customs detentions. Visit our page on business law to learn more about the legal services we offer.

Business litigation and contract disputes

By | Business Lawyer, Business Lawyer Miami, International Business law, International Business Litigation | No Comments

The U.S. Supreme Court held in AT&T Mobility v. Concepcion that arbitration agreements can validly contain clauses banning class action claims. While this concerned a consumer contract, it appears that this decision is also applicable to other sorts of contracts as well.

The court in fact upheld a ban on a proposed class action antitrust lawsuit in American Express Co. v. Italian Colors Restaurant.
The Concepcion decision has not been uniformly applied, however. In one circumstance the court allowed for a class action to be brought under Florida law concerning consumers being charged for a roadside assistance plan they supposedly never ordered – despite an agreement with the defendant business stating that the matter should instead be arbitrated. However, the 11th Circuit court which heard this matter did not address whether certain arbitration agreements can be invalidated upon public policy grounds.

There have been other courts that ruled against enforceability of arbitration agreements that were deemed unconscionable. One case found an agreement unconscionable waiving the right to a class action because the agreement allegedly violated state law.

As case law in this matter remains unclear, businesses and employers will need to continue to be cautious in its approach when drafting arbitration agreements or clauses. The law is not settled on whether mandating that disputes be arbitrated rather than tried in court truly is enforceable.

Business litigation and contract disputes are seldom easy to resolve. While attorneys may wish to suggest that one type of solution will remedy every circumstance, the ultimate result is often dependent upon a number of complex factors. Business contracts do need to be drafted with care and then reviewed by an attorney to make certain that there are no red flags raised by the agreement.

Sources of capital for new business ventures

By | Business Attorney Miami, Business Lawyer, Business Lawyer Miami | No Comments

Entrepreneurs in Florida and other parts of the country often say that gaining access to start-up capital is one of the most difficult parts of getting a new business up and running. It can be difficult to qualify for traditional bank loans without established income streams or assets that can be collateralized, and venture capitalists interested in rapid returns may be unwilling to sit idly for years as a business goes through its nascent stages.
Opportunities are generally fleeting by nature, and entrepreneurs hoping to gain a march on their competitors sometimes choose to fund fund new business ventures with credit cards or other easily available sources of capital. They may feel that high interest rates are a decent exchange for quick access to needed cash, or they may plan to refinance their debt at lower rates once their business is established enough to qualify for a conventional bank loan.

Launching a businesses can also be financed with funds borrowed from friends or family members, and entrepreneurs sometimes take out home equity loans or second mortgages to get their commercial ventures off the ground. Professional investors are often hesitant to lend to entrepreneurs without a track record of business success, and it may be easier for business owners to qualify for government loans from the Small Business Administration. However, while SBA loans may have more flexible underwriting guidelines, they also require copious amounts of documentation and have strict reporting requirements.

Attorneys with start-up company experience may be able to help entrepreneurs to avoid poor financial decisions by reviewing financing documents and comparing their terms and conditions with those offered by other providers. Attorneys could also caution business owners about the risks of becoming financially obligated based on projected future income.

Keeping data safe during a Florida business transaction

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During a merger or acquisition, a company may be so engrossed in completing the transaction that it loses sight of safety protocol. However, security breaches during the negotiations could compromise the safety of customer or employee information. This could cost one or both companies involved in the transaction a lot of time, money and goodwill. Therefore, it may be a good idea to create a data security protocol throughout the transaction.
The first step is to identify whether the data is internal data or external data such as customer information. After identifying what the data is, it is worthwhile to check any applicable laws surrounding how that information must be handled prior to sharing it with a third party. A nondisclosure agreement should then be entered into before sensitive or personal information is exchanged.
Employees need to sign consent forms that allow information about them to be disclosed to third parties. An attorney may be able to make sure that consent has been granted by all employees before the due diligence process commences. Having a lawyer as part of the transition team may also increase the odds that other industry specific best practices are being followed during the transaction.
When two companies merge or one is acquired, a lot of data has to be shared between the two parties. This puts a premium on data security and ensuring that privacy and other laws are followed at all times. Companies that are concerned about data security during such process may wish to obtain the counsel of an attorney who has experience with these types of corporate transactions in order to oversee the process and help to ensure that no one is taking any actions that may put personal or proprietary information in danger.

Planning for the loss of a signifiucant business leader

By | Business Attorney Miami, Business Lawyer, Business Lawyer Miami | No Comments

Many businesses in Florida and around the country owe much of their success to the drive and vision of their founders or a senior executive, and several of them would face an uncertain future if this person were to retire unexpectedly or pass away. While larger companies may be better equipped to to handle this kind of transition, even businesses that have become household names may struggle when an iconic figure is no longer at the helm.
Like many aspects of success in the marketplace, making plans and taking intelligent proactive steps are the keys to dealing with the loss of an important business leader. Proactive measures could include identifying the key people within the business and putting recruitment plans into place designed to fill the void that they would leave as quickly and efficiently as possible. Uncertainty and overreaction among shareholders or others who have contributed to the growth of the business could be prevented or minimized if they are made aware of these precautionary steps.
Many businesses could learn much about planning for the loss of key personnel by looking at how successful sports franchises cope with losing star players. Some teams never seem to recover after a marquee player resigns, but others seem to go from strength to strength. The difference between moving ahead and becoming mired in the past is often the willingness to accept painful inevitability combined with careful planning and decisive action.
Attorneys with business law experience will likely be familiar with seemingly strong companies that faltered after an important individual moved on or passed away. Business owners are often focused on growth and expansion, and they are sometimes prone to not looking inward until a problem has developed. An attorney could help entrepreneurs to see things in a more rounded way by pointing out vulnerabilities such as a heavy dependence on key personnel, and legal counsel may suggest that steps be taken in advance to address

International Litigation: Ongoing patent dispute between Samsung and Apple

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A dispute over patents between Samsung Electronics Co. Ltd. and Apple Inc. may be resolved through mediation. The decision to mediate this matter appears to have been directed by the court as this matter is otherwise set to go to trial in March.
The two parties and their attorneys have already discussed possible settlement options on various occasions. This case revolves around use of technology contained in Samsung’s latest smartphones which would include the Samsung Galaxy S3.
There appears to be a long history of an international litigation concerning intellectual property disputes between the two large companies. There have been disputes regarding patents involving handsets and tablets that have been marketed around the world.
In one patent infringement lawsuit already tried in federal court, the jury ordered Samsung to pay Apple $930 million for alleged intellectual property violations. Other trials have taken place concerning the corporations as well.
One only needs to look at the number of dollars involved to understand the importance that international litigation attorneys will play in these matters. When it comes to patent disputes over products sold in Florida and around the world, we are also dealing with a variety of sometimes conflicting laws and regulations.
These matters are also not isolated instances. Even a verdict of close to a billion dollars does not mean that the international litigation between business rivals will come to an end. Each side has its own set of business interests to protect, and any compromise, negotiation or an international litigation concerning a dispute needs to be conducted with the benefit of the corporation in mind.

Source: International Business Times, “Apple, Samsung Agree to Explore ‘Settlement Opportunities’ in Patent Dispute,” Sreeja VN, Jan. 9, 2014

Related: http://www.mrkinternationallaw.com/en/blog/

Florida Business Attorney

A Small Service: Florida Business Attorney

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Not every small business owner in Florida sells a physical product. Many people are able to make a good living by selling a valuable service that they can provide. A small service business may offer things like written content, Florida Business Attorney, computer repairs, consulting or expert coaching. Unless a service requires expensive equipment, the business model usually has a low barrier to entry.
A team of people may start a service business together, or one person may offer their freelance services as a solo venture. Whatever way a service business is organized, it is important to have a business plan that includes an operational model, a detailed list of expenses, monthly earnings targets and clear goals for the future.

It is very important for a service business owner to know how long they spend performing a service so that they know what they should charge their clients. The billable hours that are spent working for clients will only account for part of the time that is spent on the business as an owner must also spend time marketing, looking for a Florida Business Attorney, doing taxes, creating invoices and communicating with potential clients. If the owner keeps track of how much time they spend on non-billable tasks, they can think of ways to streamline their business model and make their time more profitable.
Many people start selling services without a business model because they don’t realize that the freelance work they do is actually a home-based enterprise. A Florida Business Attorney may be able to help an independent service provider form a limited liability company and make sure that they are complying with business law. By creating a legal business structure, a business owner may be able to protect themselves from business liabilities.

Related: http://www.mrkinternationallaw.com/en/blog/