Posts by Bob Marsh

Trademark Regrets. Could Have – Would Have – Should Have.

You picked out a name for your new product or service.  Perhaps a marketing firm helped you.  You’ve been using the new name internally and everyone has gotten attached to it.  There is still a lot to do to get the product or service to market, but the excitement about the opportunity is high.  Maybe…

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Quick and Easy Copyright Infringement Risk Management

One of our biggest challenges is encouraging our smaller clients to incur some expense – legal or administrative – to address what we refer to as the Legal Essentials™.  “Compliance and Risk Management” is one of the topics that we emphasize and one of our prior articles discusses enterprise risk management for smaller businesses. So,…

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Before You Put Your Tax Records Away, Focus on Your Estate Plan

The government imposes an annual deadline for collecting a year’s worth of income and asset information and sharing much of it with the government.  You can’t put that off.  Estate planning is easier to put off – you don’t know what your real deadline is, and you’d like to think it is far in the…

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Surprise! Your Business Appraiser Just Disregarded Your Shareholder Debt

Your carefully drafted Shareholders Agreement addressed several buyout scenarios. After discussing a formula-based valuation, everyone decided to look to a valuation expert to appraise the business and set the value for the buyout.  The valuation process was left to the professional judgment of the appraiser. But be aware that within the scope of that professional…

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Who is Your Corporate Secretary? Are They Doing Their Job?

For a public company, the answer is clear.   The Corporate Secretary may or may not be part of the senior management team, but they have a key role in the organization.  The directors know them, and they attend every board meeting.  They are a key source of institutional knowledge about the company, and maintaining an…

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ERM for SMBs

Sorry to be heavy on acronyms, but the “ERM” abbreviation for Enterprise Risk Management has a firm place in the management practices of larger business organizations.  There may be some variation in specific objectives across ERM programs, or in the key process steps of the program, but all ERM frameworks involve identifying and naming risks…

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Board Agenda Topic: 401(k) Plan Status Report

When was the last time your 401(k) plan structure and compliance procedures were discussed at a Board meeting?  If you cannot remember the last time, or if you cannot remember the details of what was reviewed, then the topic belongs on an upcoming Board meeting agenda. While day-to-day administration of the plan would fall to…

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Document Hold Management: Helping Your Team Remember Their Obligations

It’s been six months since the lawsuit started.  You hired litigation counsel, and there was a burst of activity as you got ready to file (or answer) the lawsuit and produce documents that might be evidence to the other side.  Your litigation counsel emphasized the need for a “document hold” to preserve evidence and a…

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Protect Your Trademarks with an Established Monitoring Procedure

Most businesses recognize the importance of protecting their trademarks. But often that protection effort stops with obtaining federal trademark registrations. Many trademark owners fail to establish a process for identifying infringing uses of their trademarks by third parties. If a process like this is not in place, and the trademark owner waits until it is…

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