David Ullmann

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• Need some direction on drafting service contracts, where do I begin? Any suggestions for resources?

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    As you would expect, our firm can assist you in this, but I am not sure it will help you to merely point you towards a text book or a precedent service. I know it seems simple some of the time, but there is a reason people pay us what they do to prepare those docs for them.

• What is the ideal length of an executive summary? 1-2 pages?

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    It really depends on who you are sending them to. Just keep in mind that a summary should be short and to the point.

• A few friends and I are looking to launch a web product we believe has great potential. We have found an available URL based on a business name that we love. However, a popular magazine in the same industry has a name with the exact same two words in its title. How can we find out if we're opening ourselves to potential future lawsuits by purchasing this domain name and/or registering this business name?

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    In my view, you are just walking into trouble here. Although trademark rights and domain name rights do not always intersect, the limited facts you have given here seems to make it very likely that they will in this instance. Pick something else, or, before you invest too much in this, consider contacting the entity once you have acquired the domain name to see if they will acquire it from you if they won’t allow you to use it.

• My Business Plan is ready and I am about to start approaching VC's. What is the best way to do so? Emails, phone calls? If Email, what data should be included in the first initial email? At what point should we present the entire business plan?

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    I prefer phone calls to emails in this situation. An even better approach is to contact counsel, like ourselves, who have contacts with VC’s thereby ensuring that your inquiry will receive their full attention. If you contact them directly, I would limit details beyond what stage your company is at and generally what you want to discuss. Until you have met them I do not suggest trusting them with very many specifics about your idea.

• If I can't afford legal services at this stage, are there any organizations that can assist with free legal council?

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    Free legal counsel is not very common for corporations and businesses. However, certain law firms, including our own, do offer flat rate services and will take an initial free consult to see if we can provide services in line with your budget.

• When is the right time to incorporate a business? Should I incorporate early to protect myself and show professionalism or should I wait until I have proof of concept? Are there any good books that talk about the allocation of stock as a company grows?

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    As I have written elsewhere on this site, this is a very fact specific question. If you contact us with the specifics of your situation, we can likely provide you a specific answer

• I am launching a new import/distribution company. I just received my Transaction Privilege Tax License in the state of Arizona. According to the letter that came with the license, I have to file a TPT-1 monthly even if I have no sales or taxes (I don't yet). They provide a website in which to do this online (aztaxes.gov). I am figuring this out as I go. I have no accountant and I am waiting to get approval from the FDA. Any help than can be given or suggested will be appreciated. Thank you.

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    Unfortunately, my practice is limited to the laws of Ontario and Canada. I suggest you contact local Arizona counsel.

• If I incorporate my business in Canada, then does that protect the business internationally or only in Canada? The online business deals with accepting large sums of money.

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    The place of incorporation does not necessarily limit the protection you receive. Canadian companies do business around the world, as you surely know. The act of incorporating protects the shareholders from personal liability for the companies actions in Canada and likely in all other jurisdictions that recognize the concept of incorporation. Of course, if you plan to do a large amount of business in any one jurisdiction other than Canada, it would be wise to consult local counsel to ensure the extent of protection your corporation provides.

• Hi. Would it be a good idea to have a non-disclosure agreement handy when I'm looking for an app developer and web developer?

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    Definitely. It is not an unusual request and, as the future employer, you likely have the power to insist on it.

• How much money am I going to have to spend to get a patent in the United States? Should I wait for the patent on a product, or risk beginning sales without it?

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    Unfortunately, we do not do patent work. I recommend you contact a patent lawyer.