Do you really own the copyrights in your intellectual property? Companies often assume they own all rights to whatever work they have paid an artist, a programmer, a web designer, a photographer or any other independent contractor to create. But that is not necessarily the case. If a third party independent contractor has created any assets for a company, the company needs to obtain a signed “work made for hire” agreement, or a written assignment, to ensure copyright ownership. Otherwise, the company may later discover that the ownership ... Read More »
Corporate Deadlock – and Dissolution
Earlier we described how court appointment of an impartial provisional director was no longer available by statute in Georgia for deadlocked boards of “garden variety” profit corporations. (But it is available for both Georgia non-profit corporations, and for Georgia statutory close corporations.) Now it is time to discuss a statutory remedy that is simple and powerful, and available to shareholders of Georgia profit corporations; judicial dissolution. At an impasse? Not getting along with your corporate business “partner” or fellow ... Read More »
A Third Thing to Know When You are Buying or Selling a Business
In earlier blogs we started our list of Things Every Businessperson Should Know Before Buying or Selling a Business. That first item was “No Pig in a Poke” and the second item was “Power of the Pen”. Here is the third one to keep in mind: 3. Separating Wheat from Chaff. Fundamentally, acquisitions take the form of either a stock sale (either directly or by merger) or an asset sale. And fundamentally, the seller receives either cash or property (i.e., stock), or some combination. Everything else is a variation -- sometimes complex -- on one ... Read More »