Monthly Archives: November 2011

H-1B Visa Cap Reached: What Options Remain for Businesses That Missed the Cut?

On November 22, US Citizenship and Immigration Services announced that the cap of 65,000 applications for 2012 H-1B visas had been met, and that petitions received after that date would be rejected. What does this mean for employers seeking work visas for foreign nationals in 2012? The short answer: they have to wait until April 1,… Read more »

IP Law: Protecting Your Company’s Intellectual Property

“Business law is based on common sense. You can buy or sell breakfast, a toaster or car repair without a lawyer. Intellectual Property is different. Common sense does not always apply to IP. This is dangerous because IP is often a valuable competitive advantage, e.g., McDonald’s trademarked name and golden arches, Coca-Cola’s secret formula, Microsoft’s… Read more »

Doing Business Online? 5 Ways to Reduce Legal Risks

“Any online operation should periodically assess its legal exposure to better calibrate its contractual, technological, insurance, compliance and other liability minimizing measures.” (From Limiting Legal Exposure for Online Platforms with a Preliminary Legal Audit by Wahab & Medenica LLC)  Whether you’re selling silk pyjamas, second-hand books, or software, it’s likely that your business has a… Read more »

Startup Financing: SEC Sending Mixed Signals with ‘Bad Actor’ Rule?

We hate to be the ones to rain on your parade, but after yesterday’s sunny outlook on legislative and regulatory efforts to loosen restrictions on crowdfunding, we couldn’t help but notice an update today highlighting a different signal from the Securities and Exchange Commission: its proposed new “bad actor” rules that appear to contradict the… Read more »

Crowdfunding: The Future of Startup Financing?

“Is [crowdfunding] the future of startup financing? The House of Representatives overwhelmingly passed HR 2930, the McHenry Crowdfunding Bill, in a 407-17 vote. First proposed in September of 2011, the McHenry Crowdfunding Bill went through just one revision in committee and is now in front of the Senate. If the Senate approves, crowdfunding looks to… Read more »

Employment Background Checks: 5 Things You Can and Cannot Do

“The proper question is not, ‘Can the employer conduct a background check?” but rather, “Can an employer use the information found on the background check to deny employment to the applicant or employee?’” (From Background Checks: Employers Beware! by Janette Levey Frisch)  When hiring new employees, it’s common for employers to want more information than… Read more »

Patent Reform: 5 Ways You Can Expect Patent Litigation to Change

“The signing into law of the [America Invents] Act marks a new era of patent litigation. The Act presents a host of opportunities for companies, especially those defending patent infringement actions, provided they act quickly – given that several of the provisions have immediate prospective and in some cases even retroactive effect.” (From Patent Reform… Read more »