Bullfighter Sued For Breach of Contract

Francine | June 15, 2010

Bullfighter sued for breach of contract, because he ran away from the bull!

Breach of Contract — Remedies

Francine | March 30, 2010

There are a variety of money damages available to the non-breaching party, which include

Breach of Contract – Breach of Law

Francine | March 26, 2010

A contract is an agreement between two or more parties to do (or not to do) something. When one or more of the parties fails to perform as promised, without a legitimate, acceptable, and/or legal excuse, such failure to perform is called a “breach of contract.”  If the breach is deemed “material” or significant to [...]

Contract Law — What is a valid contract?

Francine | March 14, 2010

So what is a contract? It’s an agreement between two (or more) parties. When you agree to do something—and all the terms of that agreement are met—you have a binding and enforceable contract, which can be upheld in a court of law (you can win money damages) or equity (you can compel someone to do what they promised to do). Most contracts are in writing

Right of Publicity — Whose right is it anyway?

Francine | January 3, 2010

A person’s right of publicity is a property right, which prevents others from using that person’s name, likeness, demeanor, image, and/or identity for profit. Misappropriation of that property right is a tort—a civil wrong or injury for which a court will provide a remedy.

FTC Rules. Examples of How to Avoid Getting In Trouble.

Francine | December 5, 2009

When so used, the review meets the definition of an endorsement because it is viewed by readers as a statement of the critic’s own opinions and not …

Blog Law

Francine | December 5, 2009

FTC Rules that affect Bloggers. Blog law.

How to Register a Trademark – Evaluating Your Mark

Francine | August 13, 2009

So you ask, how to register a trademark? Well before you think of actually submitting either the Intent to Use or the Statement of Use form required for registering your trademark, you want to make sure you have a logo, phrase, design, word, or device that can, in fact, be protected by trademark. A common mistake entrepreneurs make is choosing a mark that is not strong, and thus, cannot be protected.

You Can Be Sued for What Your Web Designer Does…

Francine | July 13, 2009

How do you avoid being sued for something they’ve done? Here are 5 strategies for avoiding third party infringement claims against YOU…if you don’t keep your eyes open you may end up in court for something someone else did!

Did You Properly Terminate that Contract, if not … Beware!

Francine | May 5, 2009

Recently, a client came to me furious, because a consultant she hired was charging her credit card for 7 months after their work was completed. When she approached the vendor, she was reminded that, in fact, she signed an agreement, which states, …