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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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.

“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.

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.

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.