Emerging technology and other businesses require a substantial amount of capital to fund basic development work on a product. Once that development work is complete, a new infusion of capital is needed to test the product in market conditions and adapt its functionality to developing customer needs, before the emerging business can commence regular business operations. The capital that is used for these purposes is typically referred to as "seed capital." This article describes the sources of seed capital, the issues that will be raised by the potential investment of new funds at this critical time in the life of an emerging company, and what your counsel can do for you and your emerging business about them. [Contact Author]

It is not uncommon for employers to be liable for conduct of their employees and representatives even if they were not aware of or officially endorse the conduct. Can executives, supervisors and managers also be individually liable? The simple answer: It depends. Generally, especially in the area of employment law, courts have held that a supervisor cannot be held individually liable for employment claims by employees or applicants. There are, however, cases where supervisors can be held individually liable for their employment decisions and therefore open to being responsible for damages and perhaps attorney’s fees and costs. This can be sobering news for supervisors, but it is also important for employers to review these matters. [Contact Authors]

A recent court decision from the New Hampshire Supreme Court has continued the trend of recent years narrowing  the scope and reach of noncompetition and nonsolicit agreements but these agreements can still be useful to employers. They  can be an effective way to protect the company’s most important assets: its customers.  There are steps companies should take to draft or review and update their existing agreements. [Contact Authors]

In the fast-paced, media-based world in which we live, brand recognition is often the key to success in the commercial arena. Some businesses spend hundreds of thousands of dollars developing and promoting brands. The value of a company often lies in its trademarks – its brand recognition. Given the great value placed upon the development and promotion of a business’ trademarks, one would think that equal attention would be spent making sure they are used properly so they retain their value under the law -yet that often is not the case. The unfortunate and expensive result of such misuse may be the unintentional loss of rights in a valuable mark. Having trademark-use guidelines in place for company personnel to follow will help to assure that your valuable trademarks stay with you for years to come. [Contact Author]

This article discusses certain provisions in commercial contracts that are often considered "customary" and "standard" -- and why such terms must always be understood and sometimes avoided. It highlights commonly-encountered terms and conditions of contracts that, in practice, have unintended consequences. [Contact Author]

Six attorneys with the law firm of Sheehan Phinney Bass + Green PA have been recognized with top honors in the 2005 Chambers USA America’s Leading Business Lawyers.

Following an eight-month canvas of United States law firms and individual attorneys by 40 full-time Chambers researchers, listings and rankings are based upon attorney and client interviews to obtain a view of which firms and attorneys are considered leaders in their fields.