Monthly Archives: October 2016

Non-Disclosure of Agreements for Startups

Protecting intellectual property is important for a startup business, but private business information should also remain within the business. Non-disclosure agreements are one way a new startup can protect itself.

Non-public information that should be protected by a non-disclosure agreement includes not only research and development, but time lines, internal communications, client lists, marketing plans, private information held by human resources, and any other business or employee information that would cause harm or loss if disclosed inappropriately.

For a non-disclosure agreement (NDA) to be bin

ding, it needs to be legal, enforceable, and usually in writing.  But, according to attorney Jake Posey, the people signing need to do so while not under duress or undue influence. It needs to spell out specifically the information that is protected and cannot be disclosed. It also needs to detail consequences if the NDA is breached.

Legality of an NDA means the provisions cannot direct the signer to break the law or overlook a crime or public health or safety hazard. An employee is both required by law and protected from retaliation if he or she reports a crime such as embezzlement or fraud. If that disclosure to law enforcement also requires protected information to be disclosed, that employee is not in breach of contract. Federal regulations from the EPA, OSHA, and the EEOC cannot be specifically excluded from a legal business contract.

If a signer reveals protected information covered under a non-disclosure agreement, they are in breach of contract, and may be liable for loss. The “privilege to disclose” is a legal definition of breaching an NDA in the event of crime or public safety or health.

Signing under duress is one legal avenue for signers to remove legal restrictions if they breach an NDA. Signing under duress, however, does not mean any consequences for not signing, but those involving threat to life or limb. It is common to make employment contingent on signing an NDA. This is not considered under duress.

Startup For Ready to Talk to Angel Investors

Startup businesses need to have their financial, regulatory, organizational, and intellectual property ducks in a row before planning for any capital fund-raising. Angel investors are offering capital funding in exchange for equity ownership. Competition for startup funding is fierce, and risk is high for investors. Below are some of the questions you can expect from investors.

Leadership and Management
• Are the founders still part of the leadership team?
• Is there a founder’s agreement in place that details how much of the company equity each founder owns and under what circumstances that capital can be liquidated?
• Who are your key leaders and what experience do they have in the industry?
• How to you plan to scale up leadership and management with acapital expansion?

Intellectual Property
• Have you secured intellectual property rights?
• Is there anyone outside of the company who can claim rights to any part of your intellectual property?
• Do you have a prototype or demonstration model?

Regulation
• What regulatory agencies have authority to oversee your business and product, and what have you done to secure regulatory approvals?

Market and Competition
• What is your market and your market share?
• Who is your competition and what is their market share?
Plan to be able to speak extemporaneously and knowledgeably on markets and competition for your business.

Financials
• Have 2-3 year projections with the capital expansion.
• Where has the previous investment money come from?
• Have the leadership team members invested in the company?

Organizational Structure
• How is the business structured?
• What is the exit plan?

Any early traction? Attorney Jake Posey advises that you should be able to speak comfortably about early successes and your business values; be able to address social and environmental responsibility, transparency, and plans for diversity and inclusion.

Info Law on Drugs in the UAE

The UAE is a Muslim country and illicit drugs are strictly forbidden. Drug offences are severely punished including by imprisonment and deportation after the jail term has been served. Here are five points to consider in relation to drugs laws in the country, in order to ensure you stay on the right side of the law:

1.) Often drugs that would be legal in your home country will wind up on the list of prohibited drugs in the UAE. Consult the list of banned substances before taking any drugs into the country or consuming inside the UAE.

2.) Possession of medicines like sleeping pills, painkillers and antidepressants can be illegal in the country without a proper prescription from a UAE doctor. Consult a doctor before taking any such medication.

3.) Care should be taken when reentering the country from outside to ensure there are no traces of any drug – legal or otherwise in the country visited – as the smallest infraction can attract very harsh penalties.

4.) Even transiting through the UAE one should take care to ensure all medications are accompanied with a proper prescription. It may be wise to carry with a translated and attested prescription copy to avoid any potential problems. The importation of illegal drugs into the country is considered a serious crime.

5.) Though not common, cases of drink spiking do occur. It is extremely important that woman do not accept drinks from strangers and maintain vigilance when out at pubs and bars. It is possible criminal charges could result if a woman is discovered to have an illegal substance in her system.

What Will Be Happens When a Bicyclist Gets Hit by a Car Turning Right

Bicycle accidents often can result in some extremely serious injuries. At times, they can even be fatal.

There are a number of injuries that can stem from a right turn accident. Head injuries are one of the most common, and the resulting brain injuries can be devastating. If driver negligence is found during a lawsuit, then the compensation for a brain injury can rightfully be substantial, usually much more than you’d get from the initial payout offer from an insurance company.

If you are the victim of a car striking you on your bicycle, remain as alert as possible and get medical attention even if it doesn’t appear you have injuries. Remember, avoiding the doctor is a sign to the other party that you don’t think you need to be compensated for any medical bills. But injuries can sometimes sneak up slowly, manifesting noticeably only after it’s too late.

Bystanders: if you witness such an accident, be sure to offer to be a witness and give your contact information to the victim. Cooperate with the police at the time of the accident and give your contact information.

There are a lot of things that have to happen after a bicyclist gets hit by a car turning right, and some of it will depend on the aftermath. It’s quite chaotic, and hard to follow along with all the things that have to happen, while at the same time trying to not only continue living your life, but recover your life’s routines.

One of the things that will happen at some point after a bicyclist is struck by a car will be determining liability. Both motorists and bicyclists have to abide by the rules of the road.

The first step in determining liability is to figure out if it was driver negligence or bicyclist negligence that caused the accident. Examples of biker negligence can include riding the wrong way on a one-way street, running a red light or a stop sign, or turning without warning into traffic.

On the other hand, if a motorist veers into the bicycle lane (which is typically the case when making a right turn), or is distracted while driving, or doesn’t look over their shoulder when they are turning, they could easily be found to be the negligent ones. Most commonly referred to as the “right hook” incident, in most situations a car turning right and hitting a bicyclist will be judged at fault.

That said: it’s never a sure thing, and you’ll definitely want to get bike crash attorneys in LA on your side.