The Right to Publicity is a relatively new animal in the State of Alabama, as it was only established by statute (Ala. Code § 6-5-770 through 774) in 2015. At a surface level, the Right to Publicity is a person’s right to control their Indicia of Identity in the flow of commerce. The “indicia of identity” is defined as, “those attributes of a person that serve to identify that person to an ordinary, reasonable viewer or listener, including, but not limited to, name, signature, photograph, image, likeness, voice, or a substantially similar imitation of one or more of those attributes.” Ala. Code § 6-5-771. This is commonly understood as someone’s “name, image, or likeness,” or “NIL” for short.
Read MoreLitigating non-competes in Alabama has always been a detail-oriented and high-stakes affair, and this case further proves how even basic mistakes can completely invalidate an otherwise-enforceable non-compete agreement.
Read MoreWhen starting or growing a business, you know you might need an LLC or two, but how many do you really need? Tripp Watson discusses the considerations in setting up multiple LLCs, and what are the pros and cons to having increasingly complex business structures.
Read MoreMany of us consider our pets to be members of our family, and we want to ensure they are cared for even after we pass away. For a lot of business owners, you care so much about your business and your family, you might forget about setting up something for your extended family.
Read MoreSmall businesses will now be required to disclose all “beneficial owners” to a newly-created law enforcement agency or face daily penalties or possible imprisonment. The new reporting scheme is largely unprecedented. The reporting requirements themselves are not extensive, but the constancy of updating disclosures will likely chill business formation.
Read MoreEvery state in the United States requires that any formed legal entity maintain a Registered Agent in any state that they operate, including Alabama. Failure to appoint a Registered Agent may result in the administrative dissolution of a company and can be a basis for piercing the corporate veil and exposing a company’s owners to unnecessary personal liability. A company’s Registered Agent is important, so what does a Registered Agent do?
Read MoreA benefit corporation, often called a “B-Corp,” is a for-profit corporate entity. The main purpose of a benefit corporation is the well-being of its community and environment, as well as taking the corporation’s profit and security into account.
Read MoreOperating Agreements might be one of the most boring topics you could face when starting your business. However, the Operating Agreement is designed to mitigate the single biggest threat to the success of your business.
Read MoreThe Payroll Protection Program’s Paycheck Protection Program Borrower Application Form can be daunting to complete. In this video, Tripp Watson walks you through the process of completing the application:
Read MoreWhat are the important factors that you should consider when buying into a timeshare?
Read MoreFlying under the radar, a recent decision out of the 11th Circuit has profound implications. Code Revision Commissioner v. Public.Resource.Org, Inc., No. 17-11589 (11th Cir. 2018) was decided back in October, but it hasn’t received a significant amount of attention.
Read MoreSome of these activities are more common than others. Law firms will use them (sometimes intentionally, and sometimes not) to pad their bills that ultimately cost you at the end of the day. What’s most disappointing is that none of these practices are even against a lawyer’s code of ethics, so many will do them and face no repercussions.
When hiring or working with an attorney, these are issues you should be on the lookout for:
Read MoreClosing a major customer can be one of the best feelings for entrepreneurs. Getting a major contract or order can completely change the trajectory of a business by providing much-needed cash flow and validating months or years of work.
However, closing a big sale like this can be a double-edged sword.
Read MoreFrank came into the office one morning, much like any other morning. Frank, along with his business partner Tom, had started their own business about a year ago, and the company was just starting to turn the corner towards profitability.
Read MoreSelecting the proper business entity is rarely as simple as it might first appear. It requires consideration of a number of factors and not just potential tax liability. After all, few people care that they saved a few bucks on their tax return if their partner steals all the company's money.
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