Summary: Most trade secret cases aren't lost in court. They're lost in the first 48 hours after the employee walks out the door. Being ready to protect your code, customer data, trade secrets, and proprietary files can dramatically affect a company's rights. This is a companion piece to our posts on building confidentiality infrastructure and creating a culture that treats IP protection as a business priority. Read More
Getting Ready for the Fight: Preparing Corporate Minutes, Resolutions and Other Corporate Governance Records that Hold Up Under Fire.
Summary: From courts and regulators to shareholders and corporate acquirers, all treat board minutes, resolutions and other governance records not just as formalities, but as evidence of business decisionmaking. When disputes arise those records constitute an essential safeguard, demonstrating process, diligence, and candor at precisely the moment those considerations matter most. In a shareholder suit over a Read More
FDA Compliance and Marketing: What You Can and Can’t Say About Your Product
Summary: FDA marketing rules draw a clear line: you sell the benefit, but you don’t rewrite the label. Product names, taglines, and claims all signal “intended use,” and reviewers read between every line. Teams that anchor copy to approved language, build an internal claim grid, and pressure-test campaigns before launch protect both revenue and reputation. In the 80s and 90s, pharmaceutical brand names tried to tell Read More
When Marketing Outruns Approval: What Regulated Industries Can Learn From Pharma
Summary: Pharmaceutical marketing operates at the edge of federal regulation, competitor scrutiny, and scientific proof. Recent Lanham Act disputes, including Section 43(a) claims tied to product labeling and advertising, show how quickly ambition can outpace compliance. The lessons extend far beyond pharma. Any regulated industry making performance or safety claims faces similar exposure when substantiation lags Read More
Legal Design Thinking: Reimagining Contracts for Growth-Stage Companies
Summary: Growth-stage companies can use legal design thinking to turn contracts into working tools that support sales, hiring, and partnerships. When contract terms align with day-to-day workflows, teams execute faster and leadership gets better data for strategic decisions. Thoughtful contract structure, clear language, and consistent risk allocation improve enforceability in disputes and signal readiness for Read More
Avoiding Liability in the Age of Informal Business Practices
Summary: Digital communications and remote work have blurred the lines between casual messages and binding agreements, creating new liability risks for businesses. Emojis, Slack messages, and text threads can be interpreted as evidence of intent in both contract and employment disputes. Maintaining corporate formality through clear documentation and defined communication channels remains the best protection against Read More
E-Discovery: Strategy, Scrutiny, and the Rules that Govern It
Summary: E-discovery is now standard in litigation, requiring counsel to handle electronically stored information with precision from the outset. Federal rules demand early alignment on scope and format, while in Georgia, much depends on individual judges’ standing orders. Strategic decisions about data, metadata, and production protocols can shape the trajectory and outcome of a case. Discovery used to mean Read More
The Hidden Legal Risks of Silence in Corporate Negotiations
Summary: Strategic silence in corporate negotiations can cross into fraud when material facts are withheld under a legal duty to disclose. This duty arises in situations involving partial disclosures, fiduciary relationships, or regulated industries. NDAs and disclaimers help set disclosure boundaries but don’t shield against misrepresentation. Executives should align legal strategy and documentation early to protect Read More
Contractors and Employees: The Differences and When to Transition
When companies first start up, it’s common, and often efficient, for them to rely on independent contractors. Contractors bring flexibility, lower overhead, and minimal compliance burdens. That works when you’re small. But when contractors end up working exclusively for your company, with you deciding what they do, when they work, and how they operate, you’re risking misclassification, and that opens a legal can of Read More
Business Entity vs. Tax Designation: Why Filing Isn’t Just Paperwork
Company structure is a blueprint for how that company will be taxed, managed, and, eventually, scrutinized. What looks like a clean choice between LLC, partnership, or corporation is only the beginning. How that entity is taxed can have cascading effects. Below, we break down how different structures interact with tax treatment, legal obligations, and the real-world risks of getting it wrong. Default Tax Read More
