Small Business Law Blog

Shovel Your Sidewalks

Sharmil McKee — Mon, 08 Feb 2010 17:38:11 +0000

Mayor Michael Nutter

RT @NBCPhiladelphia Philly - shovel your sidewalk. Mayor Mutter says they’re giving out $50 tickets today to people who haven’t shoveled. Read more about Philly’s snow removal laws.

Sharmil McKee | Business Lawyer | blog@mckeeoffice.com

Twitter Weekly Updates for 2010-02-07

Sharmil McKee — Sun, 07 Feb 2010 17:18:00 +0000

Twitter Weekly Updates for 2010-01-31 http://goo.gl/fb/ikZh #
RT @OneSpot_Law – New solution to control campaign financing: don't allow federal contractors to make donations – http://bit.ly/bprjfb #
RT @LawPracticeTips LexisNexis introduces Lexis for Microsoft Office: http://bit.ly/bQtBRU #
RT @nprpolitics Budget Analysis By Issue: Budget, Deficit and Taxes http://su.pr/2pnVA5 #
RT @Biz_Law JDSupra: COBRA Subsidy Extension http://bit.ly/cJd50K #
I have a breach of contract trial in Georgia; I need local counsel. Opposing counsel has filed an emergency injunction. Anyone interested? #
RT @StephenBalkam *Collaborative* reputation protection for teens – http://bit.ly/cRZ8ld – w/link to great video #
RT @nprpolitics Obama Pitches Aid For Struggling Small Businesses http://su.pr/2dxZH4 #
RT @cbs3 Punxsutawney Phil says: I see my shadow, six more weeks of winter. Don't shoot the messenger #
RT @entlawupdate Trademark Basics Part 4: After Trademark Registration http://bit.ly/8YWDzx #
RT @PhiladelphiaGov MAYOR NUTTER, ENTERPRISE CENTER, FEDERAL OFFICIALS TO HOLD ECONOMIC RECOVERY SUMMIT: http://wp.me/plZrV-he #
New research options on Google http://goo.gl/fb/575y #
RT @LawPracticeTips- How Checklists can save your Law Practice http://goo.gl/fb/ZFOz #
RT @SpelmanAlumnae Special Valentine's Day Promotion- make a donation to Spelman and get a discount to 1-800-FLOWERS – http://bit.ly/cq9sTw #
RT @GStephanopoulos Former Counter-Terrosim Czar on Latest Plots: There Probably "Will Be Another Attempt" – http://bit.ly/b1v1sm #
Jill Scott Sued by Record Label: defending contract lawsuits http://goo.gl/fb/q2PT #
Online Conversation with President Obama: Feb 4th http://goo.gl/fb/CHM4 #
Identity Theft and Company Responsibility http://goo.gl/fb/G8jb #
RT @BusinessDotGov Need more information about exporting to Africa? Check out our Africa portal http://ow.ly/13MgA #
RT @entlawupdate Asked & Answered: Contests and the risk of idea theft. http://bit.ly/ddWsjP #
Finding upcoming webinars http://goo.gl/fb/DD7Y #
Blogging 101, Podcasting 101, RSS 101 http://goo.gl/fb/g0KF #
RT @entlawupdate Will and Jada Smith lawsuit seeks to head off film investor claim http://bit.ly/9G1yra #
RT @BarackObama About to address the Democratic Party Winter Meeting. You can watch online here: http://bit.ly/9-L #DNC10 #
Snow and Business: start shoveling http://goo.gl/fb/PSsQ #
RT @blackvoices: Will & Jada Pinkett Smith: Bad 'Contract' Leads to Legal Threats … http://bit.ly/9mtwML #in #
New online Business Center for Philadelphia business owners http://goo.gl/fb/BjVC #

New online Business Center for Philadelphia business owners

Paralegal — Sun, 07 Feb 2010 05:42:40 +0000

Philadelphia launches a new online Business Center for business owners. The goal of the website is to serve a resource hub by gathering together in one location information that until now has been housed on several departmental websites. Accrording to the City’s Press Release, users will be able to find information according to the type of business that they are, and the type of activity that they are engaged in. The website gives assistance to people trying to start a business, providing guidance on developing a business plan, understanding the City of Philadelphia’s business regulations, and obtaining the necessary licenses and permits to operate within Philadelphia. It also contains information on selling goods and services to city government as well as details of financing and incentive resources for which businesses may qualify. Visit the center at http://business.phila.gov Don’t forget to bookmark the City’s blog either – http://cityofphiladelphia.wordpress.com

Snow and Business: start shoveling

Sharmil McKee — Sun, 07 Feb 2010 04:32:43 +0000

Over 25 inches of snow fell in Philadelphia between February 5th and 6th. If you own property in Philadelphia, you have 6 hours from last snow fall to shovel and clear your sidewalks. Philadelphia Municipal Code 10-720. The code requires you to clear a path atleast 30 inches wide. If you fail to do so, you may be fined $50. If you do not pay the violation within 10 days you may be penalzied from $100 to $300, and a judgment may be entered against you. Code 10-719. Even if you are leasing the property, you are responsible for removing the snow, unless your lease states otherwise.

Sharmil McKee | Business Attorney | blog@mckeeoffice.com

Blogging 101, Podcasting 101, RSS 101

Paralegal — Sat, 06 Feb 2010 05:32:48 +0000

URL: Blogging 101, Podcasting 101, RSS 101 for Marketers

So you have considered adding a blog to your website, but you don’t know where to start. Well I have good news for you. Debbie Weil provides a list of resources/links for understanding blogging, podcasting, and the RSS.

Happy blogging.

Finding upcoming webinars

Paralegal — Fri, 05 Feb 2010 05:14:43 +0000

URL: How To Find Upcoming Webinars Using Web 2.0 Search Tools

How To Find Upcoming Webinars Using Web 2.0 Search Tools

Identity Theft and Company Responsibility

Sharmil McKee — Thu, 04 Feb 2010 05:09:22 +0000

URL: Federal Agencies Issue Frequently Asked Questions on Identity Theft Rules

I believe that eventually companies will be held liable for identity thefts; particularly if the personal information was stolen from a company. A court, or jury, will eventually decide that a company has a duty to protect personal identity data, and failing to prevent the theft of that data is negligence.

So, how can a company protect itself? Follow the advice and recommendations of a federal agency. Incorporate these recommendation into your standard operating procedure. Enforce compliance and develop a quality/assurance test to ensure compliance.

Online Conversation with President Obama: Feb 4th

Paralegal — Thu, 04 Feb 2010 04:27:52 +0000

On February 4th, 2010, at 5:45 p.m. Eastern Time, Organizing for America will host a conversation with President Obama. If you haven’t already, be sure to RSVP for tomorrow’s online conversation with the Organizing For America community at 5:45pm ET: http://bit.ly/9-D You can RSVP to join this event online and submit a question for the President using the form to the website.

McKee Law Office | Business Lawyers | blog@mckeeoffice.com

Jill Scott Sued by Record Label: defending contract lawsuits

Sharmil McKee — Thu, 04 Feb 2010 04:10:21 +0000

Jill Scott is facing a possible multi-million dollar judgment. Her record label, Hidden Beach, is suing her for breach of contract. They claim that she promised to produce 6 albums, but she has only produced 3 so far. They are seeking to recover the money they would have earned had she produced the final 3 albums. The lawsuit was filed in California, so California law will govern whether Hidden Beach will win or not. However, let us imagine what would happen if the lawsuit was filed in Pennsylvania.

In Pennsylvania, a plaintiff is entitled to recover the money that she expected to earn if the defendant fulfilled his contractual obligations. This law assumes that the plaintiff did not cause the defendant to breach (or break) his promises. Did Hidden Beach require Jill Scott to produce only a certain genre of music? Did they interfere with her ability to create music? Were they stealing money from her or failing to pay her as they promised? The law also assumes that the defendant could actual perform as promised, and that no outside forces prevented the defendant from performing. For example, did Jill Scott lose her voice or was she disabled?

On the other hand, Pennsylvania only permits the plaintiff to recover her actual losses. If Hidden Beach filed this lawsuit here, it would have to prove to a reasonable certainty that had Jill Scott produced the final 3 albums, they would have been successful, profitable albums. The law allows the defendant to reduce the plaintiff’s recovery by the value of defendant’s partial performance. Hidden Beach already earned millions from Jill Scott’s previous albums. So, this amount could be deducted from Hidden Beach’s claimed damages. In addition, the law requires the plaintiff to take reasonable steps to mitigate her damages. For example, Hidden Beach could be required to hire new talent to replace Jill Scott.

What can you learn from Jill Scott’s contract troubles? When negotiating your contract, always plan the exit. Resolve these two issues while you and the other side are still in the honeymoon stage: What happens if you cannot fulfill your promises? What happens if the other side cannot fulfill its promises?

Also, understand that you have several legal defenses to a breach of contract lawsuit in Pennsylvania. First, the law gives you time to perform your contractual obligations, if the contract does not specifically state a deadline. If the deadline has not passed, then you cannot legally breach the contract. Second, the plaintiff has a duty to mitigate her losses. If she does not take reasonable steps to stem her losses, you may only be responsible for a portion of her damages.

In addition, the plaintiff is only entitled to recover damages if she did not cause you to breach your obligations. If, for example, plaintiff interfered with your task, or created an unreasonably hostile environment, she is not entitled to recover damages. And finally, you can always challenge the plaintiff’s calculation of her damages. You are only responsible for damages that are a natural, foreseeable consequence of your action or inaction (like a series of dominoes falling).

I am sure you, astute reader, have figured out that I am a Jill Scott fan. I wish her great success.

Is your business being sued for a breach of contract? Contact us today to discuss your options. We offer free consultations.

Sharmil McKee | Business Lawyer | blog@mckeeoffice.com

New research options on Google

Sharmil McKee — Wed, 03 Feb 2010 05:03:39 +0000

URL: 5 Fabulous New Features Google Unveiled Today

I applaud Google for its increased sensitivity to privacy issues. For example, it has excluded people from it’s image-recognition program because of privacy issues. Google , in my opinion, is waiting for the law to catch up with technology. It does not want to be the first to test the boundaries of current law. It’s a smart, cautious move that protects the company without limiting its revenue stream. This is exactly how I would counsel a client in Google position.

Sharmil McKee | Business Attorney | blog@mckeeoffice.com