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From the Court
Robinson to be Guest Host on WOL Radio
Working with Web Hosts & Designers

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From the Court:

Managing Partner Held Personally Liable as Guarantor on LLC's Debt

 

Take Notes

 

Ubom v. SunTrust Bank, Md. Ct. of Special Appeals (April 4, 2011) 

 

Holding: The clear and unambiguous language of an Agreement for a Line of Credit shows that the signature of an LLC's Managing Partner as guarantor was in a personal capacity (versus a representative capacity), resulting in personal liability when the LLC defaulted on its obligations. 
 

 

Click Here to access the full case from Maryland Business Law Developments site.

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Your Legal Business
News from A.S. Robinson & Associates, PLLC

May 2011

Angela Robinson to be Guest Host on WOL AM-1450 Radio News Show

 

Tune-in to WOL News Talk (1450 AM on your radio) this Tuesday, May 17th at 11:00 am to hear CPA Austin Hawk and Attorney Angela Robinson discuss Using Accountants & Attorneys Effectively in Your Small Business.

  

Business owners and aspiring entrepreneurs are encouraged to call-in and ask these experts about how professional accounting and legal counsel can help your business grow--and avoid the common pitfalls small businesses often face in the absence of such assistance.  Austin and Angela will cover a variety of key topics such as effective business tax planning, HR compliance and contract negotiation strategies.

  

**The first caller will receive a $25 gas station gift card.**

  

Why Use Accountants & Attorneys

in Your Small Business

 WOL - 1450 AM

Tuesday, May 17, 2011

11:00 am - 12:00 noon

GUEST HOSTS: Austin Hawk, CPA & Angela Robinson, Esq.

 

www.WOLDCNEWS.com

 

www.amchawk.com      www.asrobinson.net

Working with Web Hosts & Designers

 

Web hosts provide services and internet connectivity for you to display your web site on the internet. Such services may include domain name registrations and even web development.  A variety of economical web hosting options are available from providers such as networksolutions.com as well as many, many others.  So you can shop around for packages that will best serve your company's hosting needs.

  

Be involved in the web development process

If you pay your web host or another party to design your web site (versus tackling it in-house like yours truly), you may not own the content.   Under U.S. Copyright Law the web developer is generally considered the author of any content he or she creates for a site.  

 

Lack of web content ownership can be an issue particularly when switching web hosting.  When the web site content and layout are transferred to the server of a new host (or even printed to make a marketing handout), the web site will be "reproduced" in violation of the developer's copyright.  To avoid such issues, consider one of the following options:

  • Use a properly worded web development contract to designate the job as a "work made for hire"--subject to certain conditions--to secure content ownership.
  • Have the developer assign the copyright to you so that you own the content.
  • Have the developer liberally license the copyright to you.

A few other sticky areas to watch for when negotiating web development contracts:

  • Register your domain name in your own name/company's name.  If you let the web designer register the domain name and then later your part ways, you will likely lose the domain name as well. 
  • Beware of licensing terms for items such as stock photography and music to be used on your web site.  Getty Images, for example, is very aggressive in pursuing back royalties for unauthorized use of its photos on the internet.  So get an indemnification from the developer to protect you from such potential liability. 
  • Secure the ability to make simple updates to text, photos, etc. after the site is finished.  Otherwise, you'll be charged every time you need to post a new event or a staff member wants to update her profile and the web developer has to handle it.

Having your attorney review the web development agreement before your sign may be helpful as well.

 

The bottom line here is, no matter how averse you are to "techy" projects like web development and site management, you must be involved enough to ensure your rights are protected--and that no one else's are being violated.

 

Angela

You own a Business.  You need a Lawyer.
 
A.S. Robinson & Associates, PLLC offers personalized legal counseling for small to medium companies in a variety of areas including Business and Intellectual Property Law.  The Firm's goal is to partner with its clients in addressing legal issues in an informed, service-oriented manner to help them navigate some of today's more complex and dynamic areas of the law.  To that end, the Firm is staffed by attorneys with business and technical backgrounds to compliment their legal expertise and rival the offerings of national firms.
 
A.S. Robinson & Associates is located in Washington, D.C. and handles legal matters in D.C. and Maryland as well as before the U.S. Patent & Trademark Office.
 
Please contact us to discuss any specific situation to see how the Firm may assist you.
 
 A.S. ROBINSON & ASSOCIATES, PLLC
Business | Intellectual Property Law 
202-462-4440