intellectual property law

Everything You Should Know About IP Laws

IP , , ,

Technology and the accessibility of the internet have revolutionized business and consumerism. The growth of the internet and a world that is connected 24/7 has enabled entrepreneurs, businessmen, merchants, artists, and creative minds to reach wide audiences easily. However, the advancement of technology has also increased the chances of infringement. Infringement occurs when your business idea, slogan or anything that is rightfully yours, via a trademark or copyright laws, is used by any other entity without consent.

Simply put, the value of intellectual property (IP) protection has increased a great deal with the progression of the internet. In order to safeguard intellectual property, several IP laws have been written and implemented. Before we shed light on IP laws, let’s have a brief look at what the term intellectual property means.

Defining Intellectual Property

According to the World Intellectual Property Organization (WIPO):

“Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.”

(Source: http://www.wipo.int/about-ip/en/)

Intellectual property can be something as abstract as an idea for a business, product, or service.

IP laws are invaluable because nothing is stolen easier than an idea.

The Law On Intellectual Property

IP laws allow holders of intellectual property that to take any legal action against those who have infringed on or stolen their property.

We have laws that secure our rights to our physical and tangible property and IP laws give us control over intangible properties or assets. IP laws allow creatives to use their skills, talents, and expertise to not only earn a profit, but to also produce goods and services that benefit society.

What do Patents, Trademarks, and Copyrights Have to Do With IP?

Patents

A patent is an exclusive right to an invention or product for a finite amount of time. The amount of time a patent can last depends on what kind of product it is. A patented product can be used in the market by the owner or they can sell that patent to any other person. In the case of the latter scenario, it is also implied that the original patent owner is transferring the full rights to the product to the new owner.

Items that qualify for patent rights include technological improvements or advancements, ideas for new machines, and even product design. If a particular product has an uncanny resemblance to another product, patent rights can be denied to the owner.

Trademarks

Trademarks generally last indefinitely and are used to maintain a brand’s individuality (branding, slogan, logos, etc). Trademarks ban other entities from utilizing the likeness for profit.

Copyrights

If an artist wants to safeguard their work from infringement, they can do so by obtaining a copyright. Copyrights can even protect an artist’s unpublished work but it cannot protect an idea that has not been channelized.

Contact Lydecker For A Legal Consultation

Contact our experienced Miami intellectual property attorneys if your intellectual property was stolen or used without your permission. Our team of attorneys has successfully handled numerous cases involving IP over the years. Contact us now for a legal consultation.

The Significance of Employment Law

Employment Law

It is extremely important for every business entity, regardless of its nature, size, and scale, to be up to date with the latest employment laws. Employment laws make up a comprehensive system of guidelines that were created The Department of Labor (DOL) to protect employees from discrimination based on gender, sexual orientation, and other kinds of unfair treatment in the workplace.

With this system in place, employers are required to follow certain standards when it comes to the treatment of their employees. Moreover, this system also includes benefits that employees can get from their workplace such as health, vision or dental insurance.

Employment law also covers data protection and prevention of malicious behavior in the workplace against any employee. Furthermore, it requires the employer to ensure necessary health and safety measures are followed in the work environment.

Failing to meet any of the requirements of the federally mandated employment laws can lead to serious lawsuits, fines, and also blemish a business or corporation’s  reputation. Simply put, a breach of employment law charge is something that no business would ever want.

Preventing Employment Lawsuits

While there is nothing that can full prevent the threat of litigation, the risk of an employment lawsuit can be mitigated in a few ways:

  • Keeping up with and implementing all health and safety standards in the workplace
  • Granting employees the benefits they were promised
  • Ensuring the rights of your employees are not being compromised during their tenure

What Do When An Employee Files A Case Against You

If an employee files a case against you, it is recommended to hire a reputed and experienced law firm at your earliest convenience.

At Lydecker our dedicated Miami employment law attorneys have years of experience defending private and public employers in cases involving employee lawsuits in Florida and across the country. With offices in most of the major states of the U.S., we have earned a respected and reputed name in employment law.

Contact Lydecker For A Consultation With Our Employment Attorneys

At Lydecker, our skilled attorneys are committed to applying their experience and knowledge of employment and labor laws to provide the best legal represention . We can represent employers in both state and federal courts, and handle the suits filed by their employees.

We also assist employers in creating employee contracts and effective internal policies that are in the best of interest for both parties.

Contact us today to schedule a legal consultation

Why You Should Hire A Construction Litigation Attorney Before A Lawsuit

Construction ,

Construction disputes can be complex and often times involve a wide range of issues that full under commercial litigation.

The most common kinds of construction disputes usually involve breach of contract and construction defects. Breach of contract disputes in contstruction can arise from:

  • Errors in the contract
  • Failing to meet obligations that were laid out in the contract

If your construction business is facing a lawsuit, an experience construction litigation can assist you with proper representation.

4 Negative Outcomes of a Construction Lawsuit

1. Fines

If your company has been found liable in a construction lawsuit, you may have to pay a substantial fine that can greatly impact your business.

2. Project Delays

A pending lawsuit can slow or even halt work on current projects until the dispute has been settled. These delays in processes can lead to significant monetary losses for the company.

3. More Conflicts

A disturbance during a construction project completion can give rise to numerous other complications and conflicts. Since construction projects are typically huge, different parties can be involved in a single project. Therefore, a small conflict can result in even more issues among the various parties.

4. Damaged Reputation

Being on the losing end of a construction lawsuit can damage a company’s reputation in an industry where it is extremely important.

Why You Should Hire An Attorney Before A Conflict Arises

It is ideal to hire a construction litigation attorney during the initial construction period rather than getting them on board when a conflict has surfaced.

The major benefit of having an attorney on board prior to project commencement is that all of the parties will be on the same page at the time of signing the contract. Therefore, there will be limited chances of any disputes to arise in the later stages of the project. If a dispute arises, an experienced construction attorney can assist in resolving in a more timely and effective manner.

A construction litigation attorney can also help to negotiate an accurate liquidated damage clause by reviewing all the relevant documents and identifying the points that can aid opposing sides beforehand. This identification will help them to prepare for the case accordingly in case a dispute arises.

You Can Rely On Lydecker For Construction Disputes

At Lydecker, commercial litigation is our specialty. Our skilled Miami construction attorneys have years of experience in successfully handling construction disputes in Florida, and throughout the country. Contact us for a legal consultation today.

Accounting Malpractice Lawsuits Can Be Devastating To A Firm

Financial ,

Accountants, by law, have to follow certain standards when providing services to their clients. Not following these set standards can be deemed as accounting negligence or malpractice.For example, if an accountant hasn’t filed their client’s tax returns before the due date, this is considered negligence.

An accounting malpractice lawsuit is absolutely the worst nightmare for any accounting firm. Here’s why:

Monetary Losses

Much like any other commercial litigation or financial litigation issue, an accounting malpractice lawsuit can lead to huge monetary losses if a judgment is ruled against an accountant or accounting firm.

Ruining Reputation and Credibility

Apart from the fines and costs associated with losing an accounting malpractice lawsuit, accountants are also at the risk of having their reputation and credibility affected adversely.

License Revocation

In certain cases, if substantial intentional malpractice has been proven, an accountant’s license may be revoked.

Call Lydecker If You Are Facing An Accounting Malpractice Lawsuit

At Lydecker, we are one of the leading law firms in the U.S when it comes to financial litigation disputes. Our accounting malpractice attorneys in Miami have years of experience in providing solutions to complex accounting malpractices disputes in Florida, and across the United States.

Our attorneys thoroughly evaluate accounting malpractice cases and use a combination of experience, expertise, and dedication to reduce any potential damage as a result of the lawsuit.

Contact us today to schedule a legal consultation with one of our talented attorneys.

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Please note that submitting a message to us using this website does not create an attorney-client relationship. Therefore, please do not submit to us any confidential or otherwise sensitive information without first speaking to one of our attorneys and receiving confirmation that a conflicts check has been performed, conflicts cleared, and the firm has agreed it will accept the engagement. Any information submitted prior to establishing an attorney-client relationship may not be protected. Thank you.

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