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What Are Copyrights, Trademarks & Patents

One of the most frequently asked questions I get is “what is the difference between patents, trademarks and copyrights?”. These intellectual properties may be the greatest assets of a business. “Trademarks” are the logos, names or symbols that are used to refer to a product or products. “Service marks” are the logos, names or symbols…

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Top Ten Terms To Negotiate in a Retail Lease

commercial lease agreement

1.  CAM/Operating Expenses – How will they be calculated? How much will they go up each year? Most, if not all, retail leases will require the tenant to pay its proportionate share of operating expenses as additional rent, in addition to the base rent.  However, what is included in those operating expenses and how they…

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Three Employment Policies Every Employer Should Have

What are the three most important employment policies that every business should have?  Every business should have an employment policy on substance abuse, sexual harassment and employee email privacy.  By having these policies, an employer helps to prevent litigation against the employer for issues that arise in any of these areas. An employment policy dealing…

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Top Ten List of Grammar Errors for Businesses to Avoid!

The surest way to lessen your company’s image is to include simple grammar errors in your company’s presentations.  Here is a list of the top 10 grammar errors to avoid in your business letters! This list will keep your reader’s attention on your underlying ideas, and not on the grammatical errors.  So let’s clean up…

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Email Privacy in the Workplace

Janet was an employee for ABC, Inc., who sold widgets for ABC, Inc. Three years into the relationship the relationship became contentious between Janet and her employer and ABC terminated Janet’s employment with the company. Janet brought litigation against ABC, claiming unjust dismissal from the company. ABC argued that Janet was fired due to disloyalty.…

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Why Should a Franchisee Consultant/Broker Recommend an Attorney Review of the FDD for His or Her Candidates?

I have often heard that franchisee consultants/brokers are concerned about recommending the services of an attorney to their candidates.  They are concerned that the deal that they have worked weeks or months to bring to fruition will be broken by the concerns of an attorney.  Remember, the skilled attorneys at Lanard and Associates are deal…

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What are the Most Important Commercial Lease Clauses to Negotiate?

commercial lease

As experienced commercial lease attorneys representing tenants nationwide, we have handled hundreds of commercial leases.  We are often asked why it is important to have an experienced tenant’s lease attorney review and negotiate the business lease.  Leases are extraordinarily negotiable documents that can make or break a business.  Below is my list of the top…

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Buying an Existing Franchise Business

Frequently I am contacted by someone who is not only investing in a franchise opportunity, but also simultaneously buying an existing business that is part of that franchise.  If you are in that situation, it is important to realize that there are two facets of this situation that are both important to evaluate. First, you…

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What is Additional Rent in a Commercial Lease?

When reviewing a commercial lease, you will notice that typically, a commercial tenant will be required to pay base rent and additional rent.  Base rent is the per square foot calculation that is the negotiated rent that you are required to pay.  It is usually based on the local fair market value of similar spaces. …

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What is a Confession of Judgment Clause in a Commercial Lease?

If you are entering into a lease in Pennsylvania, you most likely encounter a clause in the lease (in bold and all caps) called “Confession of Judgment”.  There are typically two types of Confession of Judgment clauses – one for rent, and one for possession. Confession of Judgment for Rent – this clause states that…

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Should You Franchise Your Business?

Deciding on the Terms of Your Franchise Once you have decided to start a franchise business, you have a number of decisions to make, such as: What should be the amount to charge for the initial franchise fee and royalty payments Which companies will be authorized suppliers What advertising fees, should you charge to franchisees…

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