An MOU is a tool for deal making, relationship formation, and business structuring.
It is used by companies, not-for-profit organisations, and governments.
Although a memorandum of understanding ("MOU") has no specific status in law, it's a very useful tool when drafted well.
There are many situations in which MOUs are used and in which they are very effective and suitable as compared to the alternatives.
A choice is often made by clients in consultation with a business lawyer between drafting an MOU, or a contract, deal memo, terms sheet, or heads of agreement.
The business of intellectual property is about the future.
IP assignments and investments are made and IP licences acquired largely in the hope of maintaining or creating revenues in the future.
Clients pay IP lawyers and patent attorneys for the clarity of their vision of future developments in law and technology.
Such professional futurism is a formal area of study in engineering - technology forecasting.
Australian businesses are at risk if they do not know that electronic document management and retention is essential for victory in litigation that involves more than 200 documents.
Rarely do we come across small businesses that keep up-to-date document lists, databases or repositories. Some don't have even a standardised system for giving files a title or date.
If you received court documents next week is your business ready for mandated electronic litigation? If you are not ready, legal costs will be higher for the IT litigation support services below.
When a newish product is first launched it can acquire an initial round of customers or adopters. These customers tend to be enthusiasts or visionaries. They are the product's early market.
To sustain that initial growth the product must reach more customers. They may not have heard of the product or they may just be holding back from buying anytime soon. These prospective customers are pragmatists or conservatives.
In numbers there's more of them than enthusiasts or visionaries... much more. Getting them to reach out for the product involves what author Geoffrey A. Moore has phrased as "crossing the chasm". If the crossing is successful then generally more growth follows.
Moore's focus is on high-tech products. My experience is the analysis applies to other product types as well.
Followers of fashion and implementers of surface-level change are unlikely to achieve innovation, invention and creativity in business.
If its still hyped as "innovation" likely failure may fatigue your people.
Over the years we've seen many lists of innovation leaders, such as the BusinessWeek special report "World Most Innovative companies".
Which types of apps do people use most on their mobiles? This is revealed in the Telstra 2011 Smartphone Index. It prompts this question: How did the smartphone, mobile device and app market take off, and more importantly, where is it heading?
Statistics on emerging opportunities in mobile markets are useful to us as IT and mobile phone app lawyers. They are re-shaping the financials, workflow and futures of a huge range of industries, among them software developers.
As our hyperlinks in this article indicate, since 2006 we've closely monitoring mobile market developments in Australia so as to give timely advice to our clients.
If you are like many small businesses, you'll have one major problem making it difficult to recover debts.
It's a problem that has an affordable solution in three moves. The solution prevents the problem.It's a problem that exists before the small business goes to a lawyer to ask for a solicitor's letter or court case work.
Does your business have brands, packaging and trade marks in different styles?
Do they send different marketing messages, lacking integration?
Integration improves legal protection for brands, names, logos, tag lines and other ID. Here's how.
Years ago I stumbled onto a solution, the concept of "brand architecture".
This happend while doing legal research for a client with a portfolio of trade marks in different styles and sending different messages. It was a mess, little integration in design and hence lowering the level of legal protection.
Do nothing if you receive an unsolicited email for a domain name registration in China. The message of the email will read like friendly advice. It's not. It's a scam.
The email will claim that someone has applied to register an identical domain as yours in China. Ignore. It's bull.
This China domain name scam continues. The authors may not even be from China. I first wrote in 2007 about this scam in Domain name scam made in China.
If you are an entrepreneur or start-up or developing the concept for a new business you know you'll find guidance and inspiration in how others have succeeded or failed. Their stories are inspiring biographies or valuable insights.
So what guidance and inspiration can you expect from your lawyer or accountant?
As a lawyer specialising in helping start-ups and SMEs, I've written 41 of these stories as one of my ways of providing guidance free-of-charge. Clients who call say they understand and appreciate what I've written.