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.

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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.

“Qui tam” is a defined as: an action that private individuals can bring on behalf of the Federal or New York state government against an individual or organization for fraud.  Common violations include Medicare and Medicaid fraud and illegal business practices in various industries, including construction and health care.   After the Sarbanes Oxley Act and new qui tam legislation, whistleblower actions have increased. 

Federal and New York state laws offer protections to employees filing such lawsuits, called ”whistleblowers.”  Our attorneys are experienced with these qui tam whistleblower actions and understand the importance of strong legal representation to pursue any such action.

Employees who act as whistleblowers are protected from employer retaliation under Federal and New York State law. If you come forward and report employer violations, Sardar Law Firm attorneys can help you.

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

Contact us at 631.838.0178 to set up a consultation, or email us at

Students who want to study in the United States will need a visa if they plan to study for more than 18 hours a week.  Students intending to take a short course of study consisting of less than 18 hours a week may be able to do so on a visitor visa and should contact their U.S. Embassies or Consulates.  Email us at sardar@sardarlawfirm.com or call 631.838.0178 for more information or a consultation.

What Is A U.S. Student VISA?

Just as some schools of choice are outside the United States, for many in foreign countries, schools inside the U.S. are the ones that foreign students want to study at. Some requirements to obtain a U.S. student VISA are:

• You must show proof that you have been accepted at a school in the United States.
• You must be able to show proof of having the financial resources you need to survive will you are studying in the United States.
• You must have the educational prerequisites necessary to begin your studies in the United States

Understanding U.S. Student VISAS

Typically there are some factors about a U. S. Student VISA that you should understand:

• United States student VISAS are temporary and good only for the period of time specified.
• If you intend to return to the U.S. to study again in the future, you must repeat the application process and meet the same requirements as we stated the original time.
• The student VISA application process takes time. You should allow as much time as possible to apply. You should also make sure that you are applying within the specified time frame and according to the guidelines.

Email us at sardar@sardarlawfirm.com or call 631.838.0178 for more information or a consultation.

Working on a Student Visa

A student visa approves a non-immigrant to come to the United States to study, not to work.  A student could do odd jobs like babysitting or lawn mowing, but could not work for an employer.

Obtaining a Student Visa

Embassies and Consulates are able to issue a student visa 120 days or less in advance of the course of study registration date.  All initial, or beginning, students may not enter the United States more than 30 days before the start date of the course of study.  They may enter anytime 30 days or less before the start date of the course.

As a Current Student: When to Apply

Continuing students can apply for a new visa anytime as long they are have maintained student status.  Continuing students may enter the United States at any time prior to their classes starting.

Email us at sardar@sardarlawfirm.com or call 631.838.0178 for more information or a consultation.

Investment Requirements

Foreign investors who invest a “substantial amount of capital” in a US business, and who will develop and direct the business may apply for the E2 investor visa, if their country of citizenship has the required treaty (Pakistan has this treaty) with the US. Foreign companies whose owners are nationals of a treaty country may potentially petition their employees for the E2 visa.  Email us at sardar@sardarlawfirm.com for more information or a consultation.

The investor must demonstrate that he or she has control of the enterprise by showing ownership of at least 50 percent of the business and possessing operational control through a managerial position or other means. The investor must have already invested in the US business or is actively in the process of investing in the business.

The investment must be substantial. The law does not specify a minimum dollar amount to qualify. Instead, “substantial investment” is defined as sufficient funds to ensure the investor’s financial commitment to the successful operation of the E2 enterprise and large enough to support the likelihood that the investor will successfully direct and develop the business. The investment enterprise must be more than a marginal business solely for earning the investor’s living.

The business must a real and operating enterprise. If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify.

Non-Immigrant Intent Requirement

The E2 visa has a nonimmigrant intent requirement. Nonimmigrant intent means the applicant must intend to depart the United States when the E2 status terminates. However, holders of E2 visas may renew their visas indefinitely as long as they continue to own and operate their E2 enterprise or work for a qualifying E2 business in the case of an employee.  Email us at sardar@sardarlawfirm.com or call 631.838.0178 for more information or a consultation.

Application Process

If the investor or employee is inside the US, he or she may apply directly to the US Citizenship and Immigration Services (USCIS, formerly INS) for a change of status, extension of stay, or change of employment without leaving the country.

The E2 category does not require a petition for employment, if the investor is outside of the US. This means the investor or employee may apply for the E2 visa on his or her own behalf directly to a US Embassy or Consulate abroad. The E2 visa may be issued for up to 5-year validity period and may be renewed indefinitely, as long as the applicant continues to satisfy the visa requirements. The actual length of the visa depends on the treaty between the US and the applicant’s country and the consular officer’s discretion.

You should understand that a change of status is not a visa. Once the person leaves the United States, he or she must apply for an E2 visa at a US consular office before returning to the United States. Only a consular office may issue a visa. The USCIS cannot issue a visa.  Email us at sardar@sardarlawfirm.com or call 631.838.0178 for more information or a consultation.