Social Media is akin to the e-mail era:  it is so convenient that it will not fade away and social media law must follow the pace of social media. The varying forms of social media communication may differ in popularity on and off, but the existence of the social media mediums must become of paramount concern to businesses as they move forward.  Effective corporate communication must incorporate social media, and here are 3 simple steps to help ensure that your company’s social medial lawyer can help you responsibly embrace advances in social media based communication:

(1) Assess

The first step of responsible corporate communication through the social media medium is the involvement of a corporate attorney to understand and analyze the risks to your company through the usage of social media.  Without the involvement of a legal entity, the risks will not be apparent.  A corporate attorney with an understanding of social media related law & risks must assess: (1) how does this company use social media?  (2) do company employees using social media on a personal level create a risk to the company? (3) do company managers create a risk to the company through social media usage? (4) how can the company develop policies and monitoring strategies to avoid potential risks?

(2) Influence

Upon developing a thorough understanding of a company’s social media usage and therisks involved, a social media lawyer would help companies develop a place to influence the company’s social media usage.  Much like the usage of e-mails and instant-message type online discussions, social media usage can be monitored by companies when used on company laptops.  Develop a written company policy that outlines the use of social media through company computers, and by those claiming to represent the company in the online world.

Encourage your employees to be responsible when using social media such as Twitter, Yammer, or Facebook to name a few.  Read through blogs discussing your company or written by your employees.  Comment on interesting blogs or Twitter posts about your company.  Influence the online conversation on various social media platforms.  Embracesocial media by participating in it.

(3) Evolve

Remember that social media is an evolving platform, as are the risks.  With new additions to the social media world, new risks will inevitably arise.  Your company must evolve with these advances and fads, while having a well-hashed out written policy on social media as a whole.

It is critical to evolve while developing a strong and resilient social media policy.  But if you decided to assess, influence, and evolve – your company will benefit from the world of freesocial media publicity and corporate communication.

More articles on Social Media Law can be found here.

By: Benish Shah, Esq. & Sheheryar Sardar, Esq., Sardar Law Firm LLC

For more information, contact:  Sardar Law Firm at sardar@sardarlawfirm.com.

Follow Sardar Law Firm on Twitter: http://twitter.com/sardarlawfirm

Social media has grown exponentially in the last decade, with enterprising companies creating uncontested market space in the online and digital industries. Whether its new search engines or unique services offered to niche markets within the browsing population, social media has transcended all ages, incomes and geographic regions.   Due to the fast-paced nature of social media, ambitious entrepreneurs often overlook the need for contracts for their business. While staying ahead of the competition is paramount, creating and maintaining contracts will only enhance your edge.

Before you even start a company, or else plan on developing professional relationships with external agencies, prospective partners and employees, it is critical to understand the laws of contract. When there is a dispute, and often there is at least one during the development phase, all parties will look to the contract. As such, having a lawyer on board from the outset will always be an advantage for your business. Here is a brief list of issues to consider:

• Non-Compete Clauses: you want to protect your business by impeding your partners’ or employees’ rights to directly compete with your business if they leave. This would be framed within a specific time period, limited to a geographic area, but is very important because they possess inside knowledge of your competitive advantage.
• Non-Solicitation Clauses: you don’t want your partners or employees soliciting your colleagues or your customers away from your business.
• Non-Disclosure Agreements: NDAs are no unreasonable, so long as the language in the contract is clear on protecting your right to confidentiality.
• Moonlighting and Loyalty: This may or may not be necessary, depending on the nature of your business. A lawyer could assess its need once you discuss your goals.
• Ownership of Intellectual Property: You may want to protect any processes, templates, systems, or methods created by an employee by retaining any IP rights over them. A contract on the outset will provide necessary protections so that work product created under your business does not ultimately go to a competitor.
• Use, Licensing, Technology Transfer: Social media companies will likely need to outsource its products or services through other digital or online mechanisms, usually other companies. Often, partnerships are created to facilitate such business development. In this context, having contracts to protect the use and licensing of your work product, so that it doesn’t leak or be misused, will make your transitions to the next stage much more efficient. Similarly, if you are interested in commercially exploiting your methods, processes or inventions (Technology Transfer), you will need contracts to protect your financial interests.

Spending a little time on developing a legal structure through contracts, while slightly time-consuming, is a real investment in your social media business. Your business will make or break based on the contract, often when you must make strategic decisions for the success of your business. Retaining a contract lawyer will only enhance the probability of that success.

This article was published by Sunshine Suites, here.

You can follow Sardar Law Firm on Twitter:  twitter.com/sardarlawfirm

Our attorneys have experience in working within corporate structures, allowing us to better evaluate the legal needs of individuals and corporations.  We are aware of the specialized needs of closely held corporations and partnerships, providing us with the tools to better represent our clients.

Our attorneys work to develop a strategy that works with the individual client, whether that be filing a lawsuit or pursuing negotiations.

Contact us at 631.838.0178 or sardar@sardarlawfirm.com for a consultation.

Our services include:

• Negotiating franchise agreements
• Execute ownership and financial transactions for clients in the hospitality industry
• Acquisition, development and sale of hotels & motels
• Developing the structure for hotel management
• Drafting and negotiating management agreements
• Resolving partner and shareholder disputes
• Advising businesses on hiring, retaining and terminating employees (human resources)

Contact us at 631.838.0178 or sardar@sardarlawfirm.com for a consultation.

Sardar Law Firm attorneys have a special focus on helping new business start-ups entering into agreements with other companies to protect their intellectual property and avoid restrictive covenants. Our goal is to preserve your small or mid-sized business start-up’s ability to navigate the corporate arena.  We offer our services as General Corporate Counsel, providing you with an ongoing relationship with attorneys who are with your business from the start.   Contact us at sardar@sardarlawfirm.com or 631.838.0178.

BUSINESS FORMATION

As a multidisciplinary business and commercial law practice, the SARDAR LAW FIRM can efficiently guide you through the process of laying a solid foundation for future success and can help you resolve complex legal challenges and commercial disputes with minimal disruption to your business. This includes preventative measures such as written Employment Policies and trainings for employees.

Like many of our clients, we focus on making a long-term investment in our clients’ future success. Our attorneys are dedicated to providing creative and cost-effective legal solutions to clients at any stage of their business career.

BUSINESS DISSOLUTION LITIGATION

Attorneys at the SARDAR LAW FIRM are well aware of the multitude of issues arising out of the operation of small and mid-sizes business entities.  From close corporations to partnerships, businesses may suffer from problems due to financial mismanagment or criminal misconduct of a partner, desire of business partners to go separate ways, or a mutual decision to end the business relationship.

Business dissolution is not a matter to handle lightly, as it may have future repurcussions if not handled properly.  With our knowledge of closely held corporations and negotiation practice, our attorneys can help you effectively settle your business matters.  We will work with you to reach a viable end goal.

Contact us at sardar@sardarlawfirm.com or 631.838.0178.

Our attorneys will work with you directly to explore a full range of options in resolving your important contract dispute. It is this personalized service and our corporate experience in these matters which allows us to effectively advocate our clients’ interests in the negotiation and litigation of breach of contract actions.  We are attorneys that have experience working within the corporate structures, allowing us to better evaluate the legal needs of individuals and corporations.

We understand that each client has specialized needs.  Our attorneys work to develop a strategy that works with the individual client, whether that be filing a lawsuit or pursuing negotiations.

Contact us at 631.838.0178 to set up a consultation, or email us at sardar@sardarlawfirm.com.

The services we provide for our cleints include:

• Appraisals
• Art dealers’ duties and rights
• Artists’ estates and foundations
• Auctioneers’ duties and rights
• Authentication committees and catalogues raisonnés
• Authenticity disputes
• Bankruptcy, creditors’ rights, and security interests in works of art
• Consignment agreements
• Defamation and product defamation concerning works of art and their provenance
• Donor restrictions on use or display of donated works
• Internet sites concerning art and art sales
• Joint ownership of works of art
• Licensing of copyrights
• Loans of artwork to museums
• Private dealer sales
• Private treaties

Professionals of diverse backgrounds attended the event, keen on understanding how they can protect their rights under federal and state law in a precarious economic environment.  The event included a powerpoint presentation distilling critical and timely information on the categories and elements of discrimination, what behavior violates the law, and how severance agreements should be understood.  The event was followed by a lengthy and insightful Q&A session.

Look out for SLF’s next seminar.  A copy of the presentation can be found here.

The H-1B visa is a non-immigrant visa that allows business professionals to work in the United States for a specific amount of time.  Email us at sardar@sardarlawfirm.com or call 631.838.0178 for more information or a consultation.

Employer Requirements:

• The job offer must be in a specialty occupation such as architecture, engineering, mathematics, etc.
• There are criteria for wages offered and the actual job performed
• No U.S. citizen or resident must be available for the job
• The petition must be submitted by the company (not the employee)

Employee Requirements:

• A Bachelor degree
• Specialized skill
• Speak and read English

H-1B Visa restrictions and limits:

• 65,000 visas are issued every year
• Over 130,000 applications were received during 2008
• H-1B visas are issued for a maximum of 6 years

Quota Exceptions

Exceptions to the H1B quota include:

(1)   Employment at a university, affiliated non-profit entity, non-profit research organizations, or government research organization;

(2)   Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)

(3)   Physicians who obtained a Conrad 20 waiver of the J-1 two-year home residency requirement;

(4)   Extensions of stay for those already on H1B status;

(5)   H1B amendments with the same employer which are not requesting an extension of stay;

(6)   Change of employers by a person already on H1B status; and

(7)   Persons already engaging in H1B employment who are applying to work concurrently/simultaneously for an additional employer while maintaining their current employment.

Critical Aspect of Application is Timing

If the H1B quota is full, the applicant must wait for the next fiscal year to file the H1B which begins on October 1 of every year.  However, the Immigration Department allows fling as early as April 1 of that same year.  If filing for a change of status in the United States, you MUST maintain your status until October 1 (not April 1) to be eligible for a change of status. There may be exceptions for students. Email us at sardar@sardarlawfirm.com or call 631.838.0178 for more information or a consultation.

Changing Employers

• AC21 Provision:  this “portability” provision allows H-1B workers to begin working for a new employer as soon as the new employer files an H-1B petition for the worker.  In the past, the worker had to wait for the petition and not on the ultimate approval.

Status of Spouse and Minor Children
A spouse or unmarried child of an H-1B visa holder is entitled to an H-4 visa, and the same length of stay as the principal. The spouse and dependent minor children cannot accept employment, but can attend school in the United States.  Email us at sardar@sardarlawfirm.com or call 631.838.0178 for more information or a consultation.