Friday, August 30, 2013

Your Own Argument and Opinions.

Probably the biggest hang up for many aspiring entrepreneurs is that they get so caught up with "normal" business start up things like incorporating/forming an LLC, deciding on a company name, choosing a logo, renting an office, purchasing business insurance, etc. that they waste all of their precious start up capital and time setting up a company that looks just like a business, when one of the business steps should be having a while put together business plan. Having that in place will help with the purchasing of office space the capital it will take to run your place of business,etc. "Contracts that cannot be performed within one year are unenforceable unless they are in writing. This one-year period begins on the date the parties make the agreement." Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College Pub (page 177)  If you want your business to be a success and you don’t have a lot of start up cash, then it is absolutely essential that you have a very strong work ethic.

Rule of law

The rule of law is the rules and rights that make prosperous and fair societies possible. The system in which no one, including government, is above the law and it protect fundamental rights where justice is accessible to all. "Today, most new law is statutory. But common law still predominates in tort, contract, and agency law, and it is very important in property, employment, and some other areas." (Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College Pub/(page 66) Yet there must also be flexibility in the law, some means to respond to new problems and changing social mores."A contract is merely a legally enforceable agreement. People regularly make promises, but only some of them are enforceable." (Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College Pub/page 143) Most business owners would view a good deal as one that meets all their requirements. But there are many other factors to consider, such as whether you want to do business with a particular supplier again. and if so both sides should conclude a negotiation feeling comfortable and happy with the agreement. Negotiations can be unsuccessful if either side feels forced into a corner."Parties form a contract only if they have a meeting of the minds. For this to happen, one side must make an offer and the other must make an acceptance. An offer proposes definite terms, and an acceptance unconditionally agrees to them."(Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College Pub/page 151) Before you start to negotiate, draw up a list of the factors that are most important to you. Decide what you are and aren't prepared to compromise on, you might want to find a supplier that will offer you a discount when ordering in bulk.Once all the points have been negotiated and a deal has been agreed to it's best to get a written contract drawn up and signed by both parties. Although verbal contracts are acceptable and legally binding, they're very hard to rely on in court. So both parties should agree on what the contract will cover. Details of price, payment terms and delivery schedule.

Reasoning of the Law

In a business aspect the reasoning of law is to protect one's self and business and othere parties dealing in business together."We depend upon laws for safe communities, functioning economies, and personal liberties. An easy way to gauge the importance of law is to glance through any newspaper and read about nations that lack a strong system of justice."(Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College, Pub/page 4) Most business owners would view a good deal as one that meets all their requirements. But there are many other factors to consider, such as whether you want to do business with a particular supplier again. and if so, sides should conclude a negotiation feeling comfortable and happy with the agreement. Negotiations can be unsuccessful if either side feels forced into a corner. Before starting to negotiate, one should draw up a list of the factors that are most important and decide what you are and aren't prepared to compromise on when ordering supplies in bulk. "If the seller knows that the buyer plans to use the goods for a particular purpose, the seller generally is held to warrant that the goods are in fact fit for that purpose." (Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College, Pub/page 234)  It's best to get a written contract drawn up and signed by both parties. Although verbal contracts are acceptable and legally binding, they're very hard to rely on in court. Both parties should agree on what the contract will cover. things like price, payment terms and delivery schedule.
     

The Questions

"If an individual runs a business without taking any formal steps to create an organization, she automatically has a sole proprietorship. It is, if you will, the default option. She is not required to hire a lawyer or register with the government. The company is not even required to file a separate tax return—all profits and losses flow through to the owner and are reported on her personal return." (Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College Pub/page 373)  
When in the start up of a business is it advisable to trademark your brand?
Common law trademark rights arise on first use within a product category or geographic market. If you start selling products under your preferred trademark now, you can claim ownership of that trademark without formally registering it with the U.S. Patent and Trademark Office.
What should designers consider when starting their business (LLC, S-Corp, and Partnership?)
Because an LLC offers its owners the significant advantage of greater flexibility in allocating profits and losses, and because LLCs aren't subject to the many restrictions forming an LLC is often the better choice.
Should I have a contract when free lancing work?
Should write up a work contract, a basic contract one can write that is legal by law that states the job description. Details things like the effective (opening) date of the contract, the name of the employer or business name. The name of the business and what the service you will deliver, a date or approximate time frame for delivery and the agreed-upon price Payment terms, including dates and/or milestones can be a basic legal contract.
How do you protect yourself when working with a vendor outside of the United States? (Getting paid, contracts, etc…)
When working as a vendor, how do the laws apply?
Check with the local business licensing agency in your area for more specifics. Typically you need a separate business permit or license from the city or town you're working in, and you may need one for each cart or vehicle you use. The permits usually expire after one year, so make sure you renew them. Some things you can look for: Most vendors must have a permit from the local or state health and you usually have to carry a minimum amount of liability insurance.
How do I protect my brand? How do I protect my designs?
You should be aware that some matters are not protected by patent or copyright laws. The minimum period of protection for trademark agreement is seven years from the date of initial registration. Registration is renewable indefinitely and design can be protected by both copyright and trademark laws at the same time.
What were the early projects that you worked on involving fashion law that you found significant?
What are the most common legal struggles you think those in the creative field have when launching their own business or product line?
Without a business plan you might run into many unnecessary obstacles. Wanting to get into fashion your plan should detail what types of fabric and supplies you will need, how you will get them, how you will market your line and how much it will cost. You need to have a clear-cut business plan in place.
What should designers consider as they think about selling a stake in their business or getting a partner?
I always recommend that people have partnership agreements drawn up by lawyers or other legal professionals who can explain partnership issues in more detail and make sure the partnership agreement says exactly what it needs to say. Some examples questions that were given were what is the financial contribution of each partner? What is the division of work between the partners? What property is included in the partnership and how is it defined? And what happens if one partner wants to leave the partnership?
What are some of the common legal mistakes you see young designers make?

Legal Authority

My progress towards finding a business lawyer to answer my questions is taking a look on line key word Nevada lawyers to see what type of list I can come up with. After five turn downs by lawyers not having the time to speak "lucky me." I end up doing some more research online I came across Lawyers.com and through via email contend with R. Christopher Reade at Reade & Associates located in  Las Vegas, NV to answer my questions dealing with small business. "To establish consent, the principal must ask the agent to do something, and the agent must agree. In the most straightforward example, you ask a neighbor to walk your dog, and she agrees." Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College Pub/ (page 302) Even though I did not get a chance to speak over the phone with Reade I was still able to get answers to my questions in a timely manner being it was through email.

Week 8 EOC: Legal Questions

1. How can designers protect themselves
2. What should designers consider when starting their business (LLC, S-Corp, Partnership)
3. How important are contracts when free lancing work? 
4. How do you protect yourself when working with a vendor outside of the United States? (Getting paid, contracts, etc…)
5. When working with a vendor, how do the laws apply?
6. How do I protect my brand?” “How do I protect my designs?” and “What do I do if other people copy me?
7. What were the early projects that you worked on involving fashion law that you found significant?
8. What are the most common legal struggles you think those in the creative field have when launching their own business or product line?
9. What should designers consider as they think about selling a stake in their business or getting a partner?
10. What are some of the common legal mistakes you see young designers make?

Friday, August 23, 2013

Week 7 EOC: Progress Towards Finding A Lawyer

My progress towards finding a business lawyer to answer my questions is taking a look on line key word Nevada lawyers to see what type of list i can come up with.

Thursday, August 8, 2013

Week 4 EOC: Edward Snowden

On the legal side of this situation I agree that Edward Snowden should be punish for breaking his contract with the NSA and leaking the information about the U.S. government. "I'm willing to sacrifice all of that because I can't in good conscience allow the U.S. government to destroy privacy, Internet freedom and basic liberties for people around the world with this massive surveillance machine they're secretly building." On the other hand why should the U.S. Government have the right to tap into the citizen privacy with out their knowledge, even though they may say its for the protection of the people why should we feel that we are no longer free to whi,e on the internet or even on our phone.      
http://www.cnn.com/2013/06/10/politics/edward-snowden-profile

"This issue is readily reduced to the conflict between liberty and privacy and security. More than once, Benjamin Franklin has been cited in connection with this case: "Those who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." Snowden in my eyes is a guy that knew what was and is going on in the NSA and could not just sit back and act like things are not taking place under the people of the USA nose. Snowden him self came from a family and he most likely want to make sure they are protected and not in the blind with the US government.
http://www.detroitnews.com/article/20130806/OPINION01/308060007/Edward-Snowden-deserves-our-begrudging-thanks

Mr. Snowden thanked Russia for giving him permission to enter the country “in accordance with its laws and international obligations.” He accused the Obama administration of disregarding domestic and international law since his disclosures, but added that “in the end, the law is winning.” This makes me think in a way that every thing that Snowden has leak is in most true. Snowden knew he had to get away to another country that is and has been in-good with the USA for the most part in order to get this information out on the US government wrongdoing. 
http://www.nytimes.com/2013/08/02/world/europe/edward-snowden-russia.html?pagewanted=all&_r=0 

Friday, August 2, 2013

Week 3 EOC: Boston Bomber

“In the 12 years since the attacks on the World Trade Center and the Pentagon, there have been more than 25 plots to strike the United States hatched by Americans, most of which were ill-conceived or helped along by undercover operatives who, in many cases, provided their targets with weapons or other materials.”

“An uneasy panic settled over Boston when it was revealed that the Tsarnaev brothers were not, as many assumed, connected to a terrorist group, but young men seemingly affiliated with no one but themselves.”


“Since the bombing, friends and acquaintances of the Tsarnaevs, as well as the FBI and other law-enforcement officials, have tried to piece together a narrative of the brothers, most of which has focused on Tamerlan, whom we now know was on multiple U.S. and Russian watch lists prior to 2013, though neither the FBI nor the CIA could find a reason to investigate him further.”