Data Protection and Privacy Law
With the arrival of new, stronger-than-ever standards of data protection and privacy taking hold internationally, on the one hand, and the rapid growth of consumer concerns over data privacy in the United States, on the other, the legal and commercial significance of data protection can no longer be ignored by US businesses tasked with competing in a growing international marketplace. As the European Union’s recently implemented General Data Protection Regulation (GDPR), also known as EU Regulation 2016/679, demonstrates, data protection is increasingly no longer a concern limited to the most private personal information, such as social security numbers, but can include all information relevant to an individual and their public, private, and professional lives, such as one’s name, one’s e-mail address, a photo, one’s residential address, and even digital information like the IP address of one’s computer. Such changes in the international marketplace and the concerns of American consumers make expert legal knowledge of the evolving standards of data protection practices a fundamental need of US businesses, whether they use traditional manual filing systems or digital databases. More so, US businesses that have establishments in the European Union as well as those that don’t but still do business with customers in the European Union are now liable to comply with the EU’s General Data Protection Regulation or risk costly penalties. With extensive legal experience in data protection practices dating back to early privacy law in the telecommunications industry and forward-looking insight into the changing nature of data protection, the attorneys at Kitchens New Cleghorn, LLC are available to help you every step of the way as you navigate your business’ data protection and privacy practices.
BUYING OR SELLING A BUSINESS
Buying or selling a business often reveals itself to be much more complex than a simple transaction. The process often involves a variety of methods and legal considerations that our attorneys at Kitchens New Cleghorn can assist you in. Our attorneys have experience working with various methods used for selling businesses such as stock sales, asset sales, mergers, and tax-free reorganizations.
Their unique knowledge is critical in ensuring that materials such as purchase agreements are included to ensure that there is a definitive agreement between both the buyer and the seller that indicates exactly what is being transferred as well as what the obligations are for each party. Our attorneys will work with you to ensure that there has been due diligence in terms of research about the business or potential buyer to ensure that you know all of the details involved in the transaction.
New businesses – establishing, financing, operating
Forming a new business is a complicated process. Whether your business is big or small, it is important to ensure that you have a strong understanding of the business regulations and processes that you will face. Making the right decisions at the beginning is critical to establish a successful business. Our attorneys here at Kitchens New Cleghorn, LLC have experience working with large and small businesses.
We will work with you to craft a personal relationship about the product or services your business offers to ensure that we are able to tailor our work to fit your particular needs. This process includes ensuring that all of your assets are protected whether it is in the form of developing effective contracts or creating sound employee handbooks. We will help ensure that your business is secure from the start to ensure that later disputes, should they arise, go smoothly.
Employment Contracts – Restrictive Covenants
Whether you’re a professional transitioning into or out of a corporate position, or a business needing to draft policy that protects organizational interests and business assets, Kitchens New Cleghorn, LLC has advisement and execution experience successfully representing both corporations and employees.
Kitchens New Cleghorn, LLC works with both employers and individuals on general employment contracts, non-compete agreements and restrictive covenants, confidentiality agreements, severance negotiations, severance packages and more.
While Georgia is a “work at will” state, under several circumstances, employers and employees might elect to develop contracts designed to qualify the employment relationship. For instance, contracts may clarify conditions of employment such as compensation, benefits, job responsibilities, termination policies, confidentiality agreements, severance and non-complete clauses.
Creating or signing these types of contracts should be done in partnership with experienced legal advisement to ensure potential outcomes protect vested participants.
Every business has assets that it deems critical to its success. It’s essential that companies ensure their information and assets stay within the confines of the organization, should the corporate relationship with individual employees change.
Companies commonly protect themselves through the use of restrictive covenants. Creating legally accurate language can be complex with many confusing variables. Kitchens New Cleghorn, LLC has widespread experience working with businesses to craft such covenants for protection. The standard restrictive covenants involve:
- Non-compete agreements
- Restrictions on use of confidential information
- Non-solicitation of customers, suppliers, others
- Active recruitment of former colleagues
Kitchens New Cleghorn, LLC engages with clients to answer questions and draft these restrictive covenants, understanding that clients need to create the correct protections. Often, several policies need to be created to address the various employment levels throughout the organization. It is also advised that all employee contracts be reviewed periodically to ensure they continue to support the needs of the business.
While Business disputes can occur in a variety of different ways, they often emerge out of disagreements over terms of a contract. This can occur over billing issues, property disputes, or other ways. Furthermore, business disputes are not only between individuals and a business but can also emerge between businesses. Often the contract between these businesses will indicate the method that should be used for resolution such as arbitration or mediation.
Because business disputes are often complex and each state has its own particular laws dictating the process of settling the dispute the attorneys at Kitchens New Cleghorn LLC provide unique insight one business dispute issues and can assist in resolving your conflict. Our attorneys have experience working with a broad array of individuals and businesses on business issues and can help you to resolve your dispute.
We have experience litigating a variety of business matters including but not limited to contract-related disputes, internal disputes between shareholders and partners, external disputes between businesses or the government, and disputes that arise during the sale of a business.
Our firm believes that receiving dedicated representation is critical when resolving your dispute and protecting your interests are of the utmost concern to us at Kitchens New Cleghorn, LLC. We will take the time to understand your business and in the process ensure that a well-crafted legal strategy is developed by our lawyers to fit your particular needs.
The attorneys of Kitchens New Cleghorn have more than 50 years in the telecommunications business as lawyers and business people. They have even more experience advising telecommunication providers and customers about a vast array of regulatory requirements, the financial and strategic implications of those requirements as well as assisting those clients in influencing Federal and state decision makers. Click here to read more.
Solidifying a particular piece of intellectual property as one’s own requires a deep understanding of the legal guidelines that surround copyrighted material. Trademarks, trade dress, and copyright disputes all require that the owner has a well-designed plan to protect their intellectual property. The attorney’s at Kitchens New Cleghorn, LLC can help streamline your filing through their experience in this particular field of litigation.