5 Myths About Small Business Law

There is a familiar courtroom saying that goes, "A person who decides to represent themselves has a fool for a client."

What that means is that you shouldn't cut corners when it comes to legal matters especially in your business. There is just too much at stake. That same idea can apply to what you think you know about the law.

There are many myths about small business law that can fall under the category of "They say" or "I heard." Neither one of those ideas should be trust. Case in point: These five myths about small business law:

Myth One: Patents keep your intellectual property protected.

There are many variables that go into filing a patent. One tiny slip-up could open the door for someone to swoop in and make a clone of your idea incorporating a variable that allows them to score their own patent. Although it might not be fair, a bigger corporation could also "borrow" your design and make its own modifications. You can take them to court but they can also crush you with their legions of lawyers. And if there is patent infringement overseas, good luck! This doesn't mean you shouldn't file that patent. Just know it's not a complete shield.

Myth Two: A contract has to be thick to be any good.

Wrong. The best contracts are the ones that are easy to assimilate and understand. One of the reasons that contracts become complicated, is because lawyers like to bill for any ongoing changes.  If you can get a contract boiled down to a few pages then you'll be ahead of the game. Just because lawyers like to throw around a bunch of legalese doesn't mean they have to. That isn't the law!

Myth Three: You can't be sued if you did nothing wrong.

Actually, you can. Anyone can sue you for anything. That doesn't mean the case won't be tossed out be a judge, but before that happens you'll still have to hire a lawyer and defend your company's interest. It could be that the litigant is just trolling for a settlement. Tort reform is a big issue in many countries. There are some places where the loser has to pay all court costs. That could curtail frivolous lawsuits but until that becomes a universal law brace yourself.

Myth Four: All you need is a trademark to protect your brand.

Not so much. First of all, getting a proper trademark can be a very complicated affair. Even when you do get a trademark issued it can only apply to certain territories. That means you have to go multiple places to be truly protected. On many levels, getting the right URL is way more important than a global trademark. Remember, that URL could also be many variations of the same word or phrase related to your company or product. Try to snag them all.

Myth Five: You only need a lawyer if you're sued.

We could spend hours telling lawyer jokes. Yes, they can be a hindrance especially if they are coming after you and your business. However, the best time to retain a lawyer is long before you ever set foot inside a courtroom. If you're not sure about an issue whether it has to do with taxes, R&D or even real estate spend the money to consult with the right attorney. This can pay off in the long run. 

How to Protect your Company from a Lawsuit

Nobody likes getting sued. If you’re a start-up, a lawsuit can bring your business to a screeching halt.

On some level, you can’t ever provide 100% protection against a lawsuit. Anyone can sue anyone at any time. The issue becomes whether that lawsuit has merit or not. Hopefully you can institute the following steps to make sure you would be protected against lawyers bringing frivolous lawsuits against your company.

Step 1: Be patent and copyright compliant

If you are selling a product that you invented, you should have patent and copyright protection in place before you make any sale. There are plenty of internet resources you can tap into that will let you determine whether or not you might be infringing on someone else’s copyrighted material. If you’re making a new product is “like” another product then having your own copyright or patent should insulate you from a lawsuit going forward. This type of research should also apply to any type of logo or other marketing device you intend on using. For instance, if you’re selling a new patented blend of cotton T-shirt but have Mickey Mouse imprinted as the design you could be sued by the Disney Company unless you have licensed that image.

Step 2: Incorporate

As the sole owner of a start-up business, you might think it’s not necessary for you to incorporate yourself. After all, you’re making all the decisions, right? In truth, incorporation provides a layer of protection against liability. If your business is sued it would only be the assets of that incorporated business that would be at risk. All of your personal assets would be safe. In the worst case scenario, an incorporated business can declare bankruptcy and you can turn around a start a new business the next day with a new corporation.

Step 3: Always get it in writing

There isn’t an aspect of your business that couldn’t benefit from a well written contract. Whether that document is between you and an employee, vendor or client having all the terms clearly spelled out will help reduce the instance when someone could find fault with your practices. That’s why contracts should always include clauses to consider all the possibilities of a particular outcome. 

Step 4: Don’t steal staff

Too often the best potential workers are already working somewhere else. There is nothing wrong with hiring a worker away from another company. It happens all the time. However, when you get into situations where intellectual property is involved it might cause some problems down the road. For instance, if you’re starting a mobile game development company and you poach a great designer from another company, that company might take exception with the kind of knowledge their former employee is bringing to your company. This is why there are non-compete clauses in a person’s severance contract. If you are hiring someone in a situation like that make sure they are coming to your business free and clear.