Assess, Influence & Evolve

Social Media is akin to the e-mail era:  it is so convenient that it will not fade away and social media law must follow the pace of  social media. The varying forms of social media communication may differ in popularity on and off, but the existence of the social media mediums must become of paramount concern to businesses as they move forward.  Effective corporate communication must incorporate social media, and here are 3 simple steps to help ensure that your company’s social medial lawyer can help you responsibly embrace advances in social media based communication:

(1) Assess

The first step of responsible corporate communication through the social media medium is the involvement of a corporate attorney to understand and analyze the risks to your company through the usage of social media.  Without the involvement of a legal entity, the risks will not be apparent.  A corporate attorney with an understanding of social media related law & risks must assess: (1) how does this company use social media?  (2) do company employees using social media on a personal level create a risk to the company? (3) do company managers create a risk to the company through social media usage? (4) how can the company develop policies and monitoring strategies to avoid potential risks?

(2) Influence

Upon developing a thorough understanding of a company’s social media usage and therisks involved, a social media lawyer would help companies develop a place to influence the company’s social media usage.  Much like the usage of e-mails and instant-message type online discussions, social media usage can be monitored by companies when used on company laptops.  Develop a written company policy that outlines the use of social media through company computers, and by those claiming to represent the company in the online world.

Encourage your employees to be responsible when using social media such as Twitter, Yammer, or Facebook to name a few.  Read through blogs discussing your company or written by your employees.  Comment on interesting blogs or Twitter posts about your company.  Influence the online conversation on various social media platforms.  Embracesocial media by participating in it.

(3) Evolve

Remember that social media is an evolving platform, as are the risks.  With new additions to the social media world, new risks will inevitably arise.  Your company must evolve with these advances and fads, while having a well-hashed out written policy on social media as a whole.

It is critical to evolve while developing a strong and resilient social media policy.  But if you decided to assess, influence, and evolve – your company will benefit from the world of free social media publicity and corporate communication.

By: Benish Shah, Esq. & Sheheryar Sardar, Esq., Sardar Law Firm LLC

For more information, contact:  Sardar Law Firm at sardar@sardarlawfirm.com.

Follow Sardar Law Firm on Twitter: http://twitter.com/sardarlawfirm

Buying off Potential Patent Infringers?

The second circuit in In re Tamoxifen Citrate Antitrust Litigation allowed the maker of a patented drug to pay off an alleged infringer, settling the suit outside of court.  Unlike most settlement agreements, where an injured parties receives monetary compensation, this type of settlement provides a pay day to the infringing party, causing more harm to the injured patent holder.  Furthermore, it often allows the infringer to walk away from the matter without much harm.

This matter is again up in front of the second circuit.  Read more information on this issue here.

Follow Sardar Law Firm on Twitter: http://twitter.com/sardarlawfirm

Think Before you Tweet

Tweeting has largely replaced “talking” in many forms. Companies communicate with clients and potential clients through Twitter, and employees often rely work-related stress to friends and follower through their constant Tweets.  But in this jump into social media, no one has stopped to think:  this is social media, but it’s still media. How can this effect me, my business, or my job?  That’s why lawyers are called in by companies – to assess the risk before it develops.

There is no question that social media outlets such as Twitter are dominating the online community.  A 2009 study conducted by Nielson found that two thirds of the world’s Internet users partake in some form of social media, spending more time on these sites than on e-mail.  So what are some of the risks associated to popular social media such as Twitter?

Before putting your thoughts – especially your company’s thoughts – on the Internet, consider these factors:

Negative Publicity. Not all publicity is good publicity and negative publicity reaches customers and potential investors/employees much faster.  And those negative comments also get re-tweeted!  What can you do as a company: read more here.

Benish Shah, Esq.

Attorney, Sardar Law Firm

bshah@sardarlawfirm.com

Green entrepreneurs face challenges ahead

If “going green” is to succeed in corporate America, government at the local, state and federal level must incentivize energy efficiency for entrepreneurs and small businesses. Large corporations are implementing green initiatives to maximize revenues and marketing, indicating that the business of environmental sustainability is on the rise. Companies such as Honda, Goldman Sachs, Bank of America and General Electric are all on the bandwagon, from reducing paper use to cutting carbon emissions at manufacturing plants. But the engine of America’s economic growth, small businesses, are challenged by the obstacles they must surmount to accomplish energy efficiency.

Deep into the recession, entrepreneurial startups are actively building on the sustainability platform, allocating venture capital to wind farms, solar panels, and “smart” electricity grids. They are young 20-somethings who are creating uncontested market space which will transform industries for decades to come. Despite their ambition and business acumen, they don’t yet have an effective regulatory framework to support their initiatives as part of a strategic plan.

With the Markey-Waxman Bill slowly proceeding to the U.S. Senate for a vote, local and state governments must increase their regulatory support for clean energy entrepreneurs. For example, if an entrepreneur is starting a web-based software company, there is no physical product or manufacturing capacity. Green companies on the other hand, need large amounts of capital and investors embedded in experiential science and government policy. The complex intersection between business, science, regulation and policy is no more evident than in the green industry.

While some states have stepped forward, for example, tax and grant incentives, carbon credits and various subsidies offered by New Jersey are some of the most generous in the country, states must streamline the process for green companies, based on the product such as solar or wind. They should establish a comprehensive guidepost for understanding the regulatory and policy frameworks in which green companies must operate. This streamlined process should explain to the new entrepreneur how to structure the business, raise capital, and ultimately, take advantage of government policies in effect.

Going green is a complex process that includes the implementation of new technologies and specialized training. There is no guarantee of an immediate profit due to the experimental nature of the work. While states are severely constrained by budget deficits, if they want to generate future revenues from emerging industries and building advantages over India and China, then spending on clean energy entrepreneurs should be considered an investment. Large corporations, while notable in their efforts to incorporate clean energy mechanisms, can only do so because then can afford to. Budding entrepreneurs should be able to match, if not surpass, them in their efforts to reduce America’s carbon footprint.

Sheheryar T. Sardar is a Partner at Sardar Law Firm, LLC.

Financing your small business in an economic downturn

Developing your business in an economic downturn creates a host of difficulties for businesses of varying sizes. The most critical issue is the availability of capital to grow the business. With a continuing credit crunch, many banks and lending institutions are denying business loans due to more stringent risk analysis and lack of liquid assets. For those businesses that are able to secure a loan in this economic climate, high interest rates take a toll on company profits... Read more here: http://www.examiner.com/examiner/x-32011-NY-Business-Insights-Examiner~y2009m12d7-Financing-Your-Small-Business-in-an-Economic-Downturn

From the Hospital Room to Bankruptcy Court

By KEVIN SACK
Published: November 24, 2009

NASHVILLE — Some of the debtors sitting forlornly in this city’s old stone bankruptcy court have lost a job or gotten divorced. Others have been summoned to face their creditors because they spent mindlessly beyond their means. But all too often these days, they are there merely because they, or their children, got sick.

Wes and Katie Covington, from Smyrna, Tenn., were already in debt from a round of fertility treatments when complications with her pregnancy and surgery on his knee left them with unmanageable bills. For Christine L. Phillips of Nashville, it was a $10,000 trip to the emergency room after a car wreck, on the heels of costly operations to remove a cyst

Jodie and Charlie Mullins of Dickson, Tenn., were making ends meet on his patrolman’s salary until she developed debilitating back pain that required spinal surgery and forced her to quit nursing school. As with many medical bankruptcies, they had health insurance and repair a damaged nerve. but their policy had a $3,000 deductible and, to their surprise, covered only 80 percent of their costs.

“I always promised myself that if I ever got in trouble, I’d work two jobs to get out of it,” said Mr. Mullins, a 16-year veteran of the Dickson police force. “But it gets to the point..

(To read the full article, click here).

Protect Your Rights, KNOW Your Rights

With the growing unrest around New York City regarding Muslims - the 9/11 trial taking place here, Fort Hood, the article by an NYU professor - it is imperative for individuals to understand their rights under the law.

The Sardar Law Firm has developed a simple "Know Your Rights" checklist to help communities understand their rights. Please note this is not legal advice and you should consult an attorney if you are in any such situation.

Do I have to talk to law enforcement?
No. If law enforcement officers approach you, the only thing you must tell them is your name and provide them an ID if asked. Under no circumstances do you have to answer ANY questions.

So what do I do if I am approached?
Ask the officer if you are under arrest. If you are not under arrest politely wk away. DO Not Antagonize the officer. Be polite. If the officer places you under arrest, request an attorney right away. Do not answer any questions unless your defense attorney is there with you.

What does "waive your rights" mean?
When an officer asks you whether you want to waive your rights he is asking you to give up your rights under the Constitution. You should not sign any waiver or verbally waive your rights until you consult your defense attorney.

Is the prosecutor my attorney?
No. The US attorney, district attorney, or the prosecutor - that is NOT your attorney. They are not there in your best interest because they do not defend you. The are representing the government. Only your defense attorney will have your best interests in mind.

The best take away from this is: you have rights and you should not sign them away. Always ask for an attorney and do not talk to law enforcement without having your defense attorney present.

For more information please feel free to email Benish Shah at bshah@sardarlawfirm.com.