Posts Tagged ‘longmont attorney’

Alternative Dispute Resolution – Resolving Disputes and Getting Back to Business

Wednesday, January 5th, 2011

Conflicts and disputes arise in business relations and organizations just as they do throughout all human endeavors. Most business people will tell you that there is no shortage of litigation these days. The roots of many of these lawsuits are conflicts, accidents, misunderstandings, deprivation, mistreatment are not going to disappear. Trying to avoid litigation by simply hoping a conflict will go away rarely works. There is, however, an effective tool for businesses to resolve disputes without going to court is the use of an Alternative Dispute Resolution process or “ADR.”

As a business person, why should you consider alterative methods of dispute resolution? The reasons people turn to ADR include: (1) saving both time and money in resolving disputes; (2) providing broader options and possibilities for available outcomes, including more potential for a win-win solution than court can provide; (3) increasing the parties’ control of the dispute; (4) insuring greater privacy to the parties; and (5) improving long-term business relationships by avoiding hostilities and conflicts almost always associated with lawsuits. Next time you or your business becomes embroiled in a dispute, you should consider ADR.

ADR is being used in many circumstances to serve businesses’ conflict resolution needs while at the same time minimizing businesses’ application of human and financial resources to litigation. ADR allows your resources to remain focused on doing business, instead of defending lawsuits ADR encompasses a broad spectrum of alternative dispute resolution processes. Two of the most common forms of ADR are mediation and arbitration. Mediation is where neutral third party assists the participants in problem solving, and ultimately in reaching a resolution. Arbitration is where a neutral third party acts a s a private judge or jury and decides the outcome of the dispute. It can be very much like a trial, and can save both time and money. So the next time you or your business becomes embroiled in a dispute, it makes good business sense to consider ADR.

The Author, Jay E. Fernandez is an attorney and shareholder of the Fernandez Law Firm, PC. The Fernandez Law Firm is an established full service law firm offering high quality cost effective legal services to Colorado’s businesses, professionals, and individuals.
728 Coffman Street,
Longmont, CO 80501.
Telephone: 303.772.8900.

http://fernandezlaw.biz

DISCLAIMER: The above article is intended for informational purposes only, is not intended to be legal advice, and does not create an attorney-client relationship with the reader.

Non-Compete Agreements with Employees

Wednesday, December 15th, 2010

When employees leave your business, they take with them all the know how you gave them. They can go to work for your competitor or start a competing business. The same is true for the former owner of your business. This exodus of information can cause your business significant harm. You can protect yourself from this type of unfair competition by requiring that your employees and former owners enter into non-compete agreements with you.

A non-compete agreement is a contract in which a person agrees not to engage in a designated type of business for a certain length of time within a defined geographic area. In Colorado, all non-compete agreements are invalid unless they fall within one of several categories, and are reasonable in their duration and geographic scope.

Non-compete agreements can be used to prevent your executives, management and professional staff from leaving and going into competition with your business. However, a non-compete agreement cannot be used to stop other types of employees from going to work for your competitors.

A non-compete agreement that is part of a contract to buy a business can be used to stop a former owner of your business from competing with you. Such an agreement is valid if it is necessary to preserve the good will and value of the business. The right to enforce such an agreement, however, ends when the purchased business is terminated or abandoned.

Nondisclosure and confidentiality agreements can be used to protect your business= trade secrets from falling to the hands of your competitor. (A trade secret is any information relating to your business that is secret and of value that is not known by competitors or is not readily ascertainable elsewhere.) These agreements must be narrowly tailored to protect only the trade secret information acquired by an employee or former owner during their course of employment. They cannot be used to protect general knowledge of your business operations.

Non-compete agreements can play an important role in protecting a business from unfair competition and help retain key employees. However, to make sure you have an agreement that will be enforced when you need it, be sure that your non-compete agreements are drafted by someone knowledgeable and experienced in this area.

The Author, Jay E. Fernandez is an attorney and shareholder of the Fernandez Law Firm, PC. The Fernandez Law Firm is an established full service law firm offering high quality cost effective legal services to Colorado’s businesses, professionals, and individuals.
728 Coffman Street, Longmont, CO 80501. Telephone: 303.772.8900.

http://fernandezlaw.biz

DISCLAIMER: The above article is intended for informational purposes only, is not intended to be legal advice, and does not create an attorney-client relationship with the reader.