Checklists

Key Provisions of a Software License

RECITALS/DEFINITIONS

Is there a stated business purpose? If so, is it accurate and not overstated?
List an effective date?
Verify the correct address and appropriate legal entity of each party…

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Common Claims To Consider When Deciding Whether To Terminate an Employee in Minnesota

DISCRIMINATION (Is there any bad actions of employer, viewed in the light most favorable to employee, that could constitute discrimination?)

Disparate treatment based on legally protected classes
Failure to make a reasonable accommodation…

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Checklist for Indemnification Agreements

RECITALS

Parties
Name of Indemnitee
Status (director, officer, major stockholder, etc.); and
Company and state of incorporation…

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5 Simple Steps to Protect Your Trademark or Servicemark

Determine if what you have is a “trademark” or “service mark”

A “trademark” is any symbol, word, phrase, design, image, sound, color or even fragrance that is used to indicate the source of goods and to distinguish the goods sold or made…

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5 Practical Ways to Protect Your Company's Proprietary Information

Identify trade secret issues before, or at the latest, upon receipt of an information request from an environmental agency.

These issues can greatly affect the size and nature of the response, and you must address them at the outset to prevent later problems that either cannot be corrected or may harm the company in substantive matters before the agency…

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5 Key Issues When Outsourcing a Business

ENTITY FORMATION:

There are five main options for outsourcing your business. Each option carries with it certain pros and cons.

Create your own business in another country
Pros:
More control of the business (you decide how the business is operated)
Usually a more affordable business to operate (do not have to pay another entity to run the business)…

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15 Steps for Product Comparisons in Advertising

Make sure that all “claims”[1] are truthful, substantiated, fair and non-deceptive

Avoid any statement/comparison (express or implied) that:
Is false, misleading, unfair[2] or deceptive[3]
Is literally true but potentially deceptive (i.e. it could create a false impression)…

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15 Key Provisions of a Manufacturing and Supply Agreement

Recitals/Definitions

Define the parties (e.g. Buyer and Seller)
Define the Effective Date of the agreement
Define the Product(s) being manufactured, supplied and/or purchased (refer to Exhibit, below)…

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10 Questions to Ask to Better Protect Your Company’s Confidential and Proprietary Information

Warn Employees

Advise employees that in the course of their employment they will be privy to certain confidential information and that they have a legal duty not to use that information for any party other than their employer. Employers should never take for granted that their employees necessarily appreciate that certain data is competitively sensitive and should advise them both orally and in writing of its confidential nature…

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10 Key Provisions of a Labor Staffing Services Agreement

RECITALS/DEFINITIONS

Define the Parties (e.g. Company and Client) and Effective Date of the Agreement
Define the “Labor Staffing Services” being provided:

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10 Key Provisions of a Commercial Lease Agreement

RECITALS/DEFINITIONS/PARTIES

Define the Parties (e.g. Lessor and Lessee, or Landlord and Tenant)
Consider trade names for the parties…

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