I HAVE BEEN SUED.  NOW WHAT?   Usually, but not always, the response to a Complaint is called an “Answer.” An Answer is a legal document that sets out several things. First, it can deny outright or in part any fact or claim in the lawsuit. Second, it can admit things. For example, it can admit facts that are not in dispute or are incontrovertible. It can also admit that some claims are valid. Third, it can state that there is not enough information known about the facts or claims in the lawsuit to either admit or deny them. Finally an Answer can set up several other legal things such ..read more

Most people have little idea about how a lawsuit works. This is true even if they are currently involved in a lawsuit! Nevertheless, if you find yourself in a lawsuit you should know how the system is designed to resolve disputes between litigants.  A lawsuit is started with simple written papers. No fancy words are needed on the lawsuit papers, but you do have to follow some rules.     The Summons and Complaint    First, the lawsuit is initiated with a document called a “Summons.” A Summons states that a lawsuit has been started. It states where the lawsuit w ..read more

There are four basic methods to protect an idea from being taken by a competitor. The methods include a patent, trademark, copyright, and trade secret.  Using contracts is also a good practice to protect ideas when there are two consenting parties.  The following is a discussion of the four methods.   1.      Patents: Patents are the ability to prohibit others from making, using, or selling a concept.  A person can obtain a patent on virtually (with some limits) any novel and nonobvious concept.  The patent application of course has many other ..read more

Are Non-Compete Agreements Enforceable in North Dakota? As any typical attorney would say, it depends.  The North Dakota Supreme Court has recognized "North Dakota has a strong public policy against non-compete agreements."  In general, North Dakota has been quite adverse to the enforcement of non-compete agreements and there is case law to back that aversion up.  Other states, such as South Dakota, have taken a different approach and have for the most part embraced non-compete agreements.  Even though North Dakota is adverse to non-compete agreements, they are st ..read more

What is the difference between a Trademark, a patent, and a Copyright? Often people get confused as to whether they need a trademark, a patent, or a copyright.  Though they are all similar forms of intellectual property that are filed with the United States federal government, they all have their unique purpose.  If you file a trademark when you need a patent or a trademark when you need a copyright, you will not end up with the protection you want.  I am going to give a brief summary for what each type of intellectual property is commonly used. 1.      ..read more

Businesses commonly get sued for a variety of reasons.  There are endless ways a business can get sued, but generally speaking the following five are some of the more common reasons.  The following isn’t a conclusive or exclusive list, rather it is just a few common causes.  It is important to remember that anyone can start a lawsuit for just about anything, merely starting a lawsuit doesn’t mean the plaintiff has a legitimate claim.  1.       Intellectual Property.  Lawsuits for intellectual property infringement often center around paten ..read more

Selling a business can be a complex and confusing process.  There are a variety of methods and approaches to take when selling or buying a business.  In general, I generally classify the transaction either as an asset sale or a share sale.  In most of the small business type sales I help with, I recommend using an asset sale. An asset sale is like it sounds, the seller is simply selling the assets owned.  In this blog post, I am going to focus on the asset sale approach.  An asset sale goes something like this: the seller has assets including a book ..read more

Patents are generally classified using two different systems.  The systems used to classify patents include the International Patent Classification (IPC) and the Cooperative Patent Classification (CPC).  Both systems are similar in how they look and operate.  These systems help patent attorneys identify relevant prior art.  Prior art is information which is in existence at the time of filing a patent application.  This prior art, if not properly accounted for, can cause a patent to become invalid.  The United States Patent and Tradema ..read more

According to salarly.com the median salary of a General Counsel in the Fargo is $316,490.  Whether this is accurate or not, I don’t know, but needless to say the hiring of a General Counsel is not an inexpensive position for a company.  Hiring a Fraction General Counsel or a Fractional Chief Legal Officer is much less costly and may allow a smaller company to accomplish the purpose of hiring a general counsel without the burdensome cost.  The idea of fractional officers in a company is a trend that has been growing significantly in the last ten years.  One of ..read more

A Trademark is a name, symbol, or device which identifies the source of the product or service.  Registering your trademark provides some distinct benefits in protecting your brand.  Trademarks protect a brand in all 50 states when filed in the United States.  A trademark attorney can help navigate the complexities of a trademark application. Typically a trademark is granted after about 12-18 month from the date on which you file the trademark application with the United States Patent and Trademark Office (USPTO).  The process begins by filing a trademar ..read more