We Have Answers
In business law matters, the stakes are too high to trust your concerns with anyone but the most trusted legal team. At McKown Bailey, we have answers. Our experienced attorneys represent businesses and corporate entities throughout the areas of Orange County and Los Angeles County, California.
Our legal team knows that you cannot protect your financial interests without answers and creative solutions in the legal field. Peruse some of the answers to our frequently asked questions below and talk with a lawyer from our firm about how we can help your business succeed.
Why would my business need a lawyer?
There are numerous ways an attorney can help your business. The legal landscape for any business is riddled with complex regulations and exposure to litigation. A good attorney can help you avoid regulatory compliance problems and lawsuits. When issues do arise, an experienced business attorney can find efficient, favorable resolution.
Without a skilled legal team working for your business, the likelihood is high that you will face compliance and litigation problems. The stakes are too high to try to handle your own legal counsel without outside help.
What does a business lawyer do when representing a business?
In an ideal working relationship between legal counsel and the business it represents, the attorneys would be involved with and have visibility into almost every facet of a business’s operations. Every contract, every marketing effort, employee interaction and significant decision will have some legal ramification. A skilled legal team can recognize potential problems and provide sound counsel to help your business avoid them.
What happens when disputes arise between shareholders in a company?
Shareholder disputes can be extremely complicated, costly and potentially ruinous for any otherwise successful business. While some shareholder disputes involve clear violations of the law or the shareholder agreements, many of these cases are not so clear. Each party thinks he or she is doing the right thing to make the company succeed.
It takes skilled representation to sift through the arguments and legalities to protect your interests and help you find efficient resolution.
What can I do if a business partner is endangering the future of the company?
If the partner is committing fraud or any other breach of fiduciary responsibility, we need to look at the evidence and determine the best course of action. In some cases, immediate and aggressive litigation is the best course of action. More often, however, the best approach is to find a way to negotiate to find an equitable solution without the time, cost and publicity of a lawsuit. The best thing to do is talk with an experienced attorney right away if you suspect a partner has committed breach of fiduciary duty, fraud or any other action that could endanger the company.
What is the difference between a trademark and a trade dress?
There are a couple of essential differences.
While trade dress protection is focused on a product, trademark protection involves the company itself that puts out the product.
Trade dress involves the overall design and appearance of a product, which can include the packaging, the shape and size, color, texture and related factors. In contrast, a trademark is a single phrase, word or symbol, or a combination of words and symbols, etc., that represent the source of the goods.
There are also differences in how these cases are litigated and what types of damage awards are available to plaintiffs.
What can I do if I see another company using my company’s trademark?
It is important to understand that every similarity in presentation does not necessarily rise to the level of a trademark violation. But on the other hand, some cases will be viable. The best thing to do is talk with an experienced intellectual property lawyer as soon as possible.