David M. Adler Articles

Copyright Basics - Click To Read Article
What is Copyright and what does it protect?

Types of legal (business) structures - Click To Read Article
This article provides an overview of the four basic types of business structures.

TRADEMARKS IN CYBERSPACE - Click To Read Article
Trademarks and Service marks - definition, why important, how obtained (common law vs. federal registration), protection; domain names - relationship to trademarks, securing and protecting.

Technology Contracts – How to Address Development, Protection and Licensing - Click To Read Article
Rapid growth in the computer technology sectors, specifically Internet and related software and network technologies, have presented an increasingly complex set of issues for business owners and their lawyers. Negotiating appropriate contractual protection is a key practice used by successful companies to maximize the potential value of the transaction while minimizing its inherent costs and risks. What is “appropriate” for any given set of circumstances will depend on the interplay of the company’s strategic vision, the tactical allocation of resources and operational issues encountered. This article addresses procedures for dealing with issues that arise in defining the scope of an Agreement

Lawyers Top 10 Tricks for Managing IP - Click To Read Article
Managing a firm’s intellectual property (patents, trademarks & copyrights) can be made easier by following some simple time-saving techniques.

BEWARE OF NOTICES REGARDING YOUR TRADEMARKS - Click To Read Article
Filing an application for U.S. trademark registration makes certain information publicly available in the U.S. Trademark Office records. Several companies have been scraping these records and generating “official looking” notices and even invoices to unsuspecting companies. These notices that appear confusingly similar to governmental agency communications will direct you to pay fees for registration, for monitoring for applications similar to yours and for filing with domestic or international lists, directories, etc

Addressing The Risks of Doing Business Online - Click To Read Article
In order to properly assess the risks of certain business activities online, it is useful to break ecommerce down to six basic business objectives: Advertising, Indirect Sales, Online Delivery, Online Sales combined with payment processing and traditional delivery, Online Sales combined with payment processing and Online Delivery and lastly Dialogue or Interactive Services. This article, part 1 of 2 will examine the issues surrounding the first two business objectives, Advertising and Indirect Sales.

Checklist of Provisions for an LLC Operating Agreement - Click To Read Article
This outline presents 20 areas of LLC ownership, operation and management that should be addressed in the operating agreement.

Form Content & Distribution License Agreement - Click To Read Article
This is a free content and distribution license agreement that addresses issues of intellectual property development and transfer you can use for your business.

Private Equity Lessons for the Startup or Entrepreneurial Company - Click To Read Article
The November issue of the Harvard Business Review poses a tough question to the management of public companies: “What If Private Equity Sized Up Your Business?” The question comes on the heals of recent revelations that public companies are facing increased scrutiny by Private Equity funds both favorably as, for example, an acquisition target or adversely, as a mismanaged and underperforming asset in need of reform. The article goes on to identify five trends that develop when Private equity gets involved. The purpose of this article is to highlight the premises upon which these five trends are based. Understanding this premise will lend valuable insight and strategic fodder for Start-up or Entrepreneurial companies as well as seasoned businesses.

Start-up Financing & Equity: What is Dilution? - Click To Read Article
Equity dilution reapportions a stockholder’s percentage of equity (stock) in a company. Here’s a scenario to demonstrate how equity dilution works.


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