THe Stanley Law Blog

International Transactions Jurisdiction and Law
By James Taylor
December 11, 2019

Stan is ecstatic. He just received a phone call from “Company” (hereinafter “Company”) in a small country in Asia experiencing an unexpected wave of appreciation for Country Music. The Company wanted to distribute 40,000 of Stan’s proprietary country music instruments Stan invented last year. Stan sits down with his long-time friend and family attorney, Jerry, to “hammer” out an acceptable International Distribution Agreement draft. Suddenly Stan asks the $1,000,000 question. “Jerry, my instruments are made in Mexico, my company is registered in Delaware, and we plan on distributing in Asia. If they breach this Agreement, where do I sue and what laws apply?”

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Tortious Interference with a Business Contract
By James Taylor
November 18, 2019

Business spats can be reminiscent of sibling spats. While disguised in legalese, many times the argument presented by one side or another boils down to “It’s not fair”, especially when business litigation involves allegations that a competitor was unfair in their tactics specifically to injure a competitor’s business.

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Revenge Law in Virginia
By James Taylor
October 4, 2019

Both a partner’s and ex’s worse fear. A wide-spread, modern problem that can humiliate both teens and adults. “Revenge Porn”, the term, first appeared around 2010, when the controversial website “Is Anyone Up?” launched, allowing users to upload sexually explicit images of former romantic partners.

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I'll Sue You For Damages and Attorney Fees!
By James Taylor
August 26, 2019

In general, American courts operate under what is known as the "American Rule" which requires each party to bear the burden for its own legal fees. The Supreme Court has upheld this principle on many occasions for a number of reasons. For example, the knowledge that a loss means paying the other side's legal fees might prohibit plaintiffs from bringing suit or defendants from defending themselves. The Court has also reasoned that a party should not be penalized for bringing suit or defending itself.

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How to Protect Your Product When Selling in China
By James Taylor
August 23, 2019

It can be incredibly profitable to sell your products in China, and in the age of Amazon and eBay, it is easier than ever. The rapid development of the Chinese economy sets the stage for both great opportunities and great hazards to Western businesses. Aside from the typical care needed for contracts, special care needs to be taken when international transactions are concerned.

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How a Virginia business owner failed to protect his business’s most valuable asset, and how you can prevent the same mistake
By James Taylor
July 24, 2019

In Contract Assocs., Inc. v. Atalay (2015), a Virginia business owner was stunned when two long-time employees resigned to form a competing company. Within three hours of resigning, the employees used inside business financial information and the business contacts list to contact each of their previous clients and solicited their business (at a reduced rate of course). Their actions nearly terminated the business owner’s entire revenue stream. All it took was three hours of betrayal, and this business was gutted and listing.

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Is My Non-Compete Clause Enforceable?
By James Taylor
June 14, 2019

A non-compete clause is an agreement between two parties, usually employee and employer, that the employee will not enter into or start a similar business that competes with their employer. Employers like to use these clauses to protect trade secrets, ideas, and business practices.

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Don't Buy Legal Documents Online Without Reading this Article
By James Taylor
June 12, 2019

Today, anything can be found online. I can order my groceries online, buy books online, purchase a car online, contract babysitters, and find a date. The most recent online fad rippling through the legal industry is online legal services. Almost every attorney has been approached and asked to “review” a legal form a client

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Forcing the Sale of a Partnership
By James Taylor
April 22, 2019

What happens when the structure of a two-party Partnership Agreement doesn’t allow for the sale of business interest without the permission of the other Partner? Life can get difficult! What options would you have left? Either you A. sell the share of your interest in the business to your partner, B. you buy your partner’s interest, C. you continue your business relationship, or D. you force a dissolution of the business in court. Here are the steps to take:

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Important Clauses You Had Better Have In Your Operating Agreement!
By James Taylor
May 8, 2019

I have sat with clients who brought me “boiler-plate” internet Operating Agreements that they found on “Free Online Legal” sites. I find myself forced to peruse through pages of impertinent clauses and must inform the client that it would be in the interest of their time and finances that I draft the Agreement from scratch, rather than trying to amend and redress potential snags. Rarely is a canned document or form sufficient and advisable.

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Dissolution of a Legal Partnership
By James Taylor
April 8, 2019

Recently, I sat across the table from a client who just couldn’t hold back her tears, as she realized that her business partner and her just couldn’t continue.

Relationships, both personal and business, can be tricky. At the beginning of the relationship, you feel you have found the perfect partnership in someone who shares your values, and you may even experience exponential growth and significant return. Later however, you come to the realization that for one reason or another, the partnership is just not working.

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Iron Sharpens Iron: Forming a Legal Partnership
By James Taylor
March 15, 2019

Iron sharpens iron. There is a mutual benefit in rubbing two iron blades together. Edges earn greater tensile strength and toughness. The metal loses its dullness and gleam brightly. Blades are sharpened, each made more efficient, ready to cut and slice

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