My co-worker and I want to start a non-competing (our
My co-worker and I want to start a non-competing (our contract does include a nonsolicitation & noncompete clause) business outside of our full-time employment. We are currently employed by a software company that builds software products specifically for the gun industry. My co-worker and I want to form a software consulting business (LLC), and help (non firearms related) businesses build/improve software. Could you please review the section of my contract below and let me know if we can legally start a side business, or if there are any other work-around/options to making this happen? Thank you kindly.(I apologize in advance for any typos/grammar errors. I typed this from the contract.)--------Start---------------Inventions(a) Inventions Retained and Licensed. Attached as Exhibit A to this agreement is a list of all copyrights, patents, trademarks, trade names or other intellectual property rights, either perfected or pending, in which the Employee claims any right, title or interest (the "Prior Inventions"). Employee represents and warrants that there are no Prior Inventions other than those, if any, which are listed on Exhibit A; and, Employee waives, releases the Company from, indemnifies the Company against and agrees to hold the Company harmless regarding any claims which might be asserted by Employee or any third party which are contrary to this representation and warranty. If disclosure of a Prior agreement, the Employee shall disclose on Exhibit A that such an agreement exists and with whom such agreement exists. If in the course of employment with the Company, the Employee incorporates into a Company product, process, or machine a Prior Invention owned by the Employee or in which the Employee has an interest, the Company will be granted and have a nonexclusive, royalty-free, irrevocable, perpetual, worldwide license to make, have made, modify, use and sell that Prior Invention as part of or in connection with that product, process, or machine.(a) Company Inventions. Employee acknowledges that the Employee's duties and/or the work product resulting from his/her employment with the Company may provide the basis for a trademark, trade name, patent, copyright, or other intellectual property right, or filing the benefit of which would insure to the Employee but for the terms of this Agreement. The Employee waives, releases the Company from, indemnifies the Company against and agrees to hold the Company harmless regarding any claims which might be asserted by the Employee or any third party to any right, title, or other proprietary interest to or in any work or product resulting from or related to the Employee's duties, or any of the documents, reports, or other materials the Employee creates in connection with his/her employment with the Company, or any trade name, trademark, copyright, patent or other intellectual property right which might be filed, pursued or claimed regarding the Employee's duties or the work or product related to the Employee's duties (collectively, the "Company Inventions"). Contractor acknowledges and agrees that any such Company Inventions have been specially commissioned or ordered by the Company as "works made-for-hire," as that term is defined in the United States Copyright Act, and the Company is therefore the author and owner of all copyrights, patents, trademarks or trade names in or related to the Company Inventions.(b) Assignment of Inventions. The Employee shall disclose promptly in writing to the Company all Intellectual Property that the Employee has authored, made, conceived, or first actually reduced to practice, alone or jointly with others:(i) while the Employee is or was performing duties for the Company;(ii) during the Employee's employment with the Company, if it relates to the Company's areas of business or investigations;(iii) that results from or is suggested by any work that the Employee does for the Company or at the Company's request;or(iv) that was aided by the Employee's use of the Company's equipment, supplies, facilites, or trade secret information, whether or not during working hours.This Employee-created intellectual property is referred to in this agreement as "Inventions."The Employee acknowledges that any Invention the Employee makes within the scope of and during his/her employment with the Company and that is protectable by copyright is a "work made for hire," as that term is defined in the United States Copyright Act.(c) Maintenance of Records. The Employee shall keep and maintain adequate and current written records of all Inventions the Employee makes (solely or jointly with others) during the term of employment with the Company. The records may be in the form of notes, sketches, drawings, and any other format specified by the Company. The records will be available to and remain the sole property of the Company at all times.---End---
Ely, I have a matter where I have a signed agreement with
Hi Ely, I have a matter where I have a signed agreement with someone that lives in St. Bernard Parrish and I am from out of state. Because the amount owed is under $1000.00, I wanted to know if I am able to include my travel expenses if I submit a claim in your courts.JA: Since laws vary from place to place, what state is this in?Customer: LouisianaJA: Has anything been filed or reported?Customer: no, not yetJA: Anything else you want the lawyer to know before I connect you?Customer: Yes, if I file in small claims and receive a judgement, will I be able to attached a lein or garnishment and how expensive can that get?
I have a question for a lawyer that is a little touchy, that
I have a question for a lawyer that is a little touchy, that has to do with internet law, specifically social network, and privacy or harassment. A friend of mine's husband had received a disgusting video of a female, that she had filmed on her smart phone herself, and sent to his phone, as a text message, had been found by my friend, and she in turn posted said video to facebook, in a link, for all to view, now, she is being taken to court for harassment? hmmmm.