Q: What are the legal issues relating to marketing through social media?
A:There are many 1st amendment issues regarding marketing through social media. First, sometimes marketing campaigns are too sexual or violent, therefore triggering the government to invoke its police power and stop the ads from happening. But this is a first amendment problem because it prohibits free speech. Copyright-many marketers try to copyright their ideas and others try to as well. Privacy-some marketers target people based on what they google, thus there is an issue with whether this type of marketing is an invasion of privacy protected through the due process clause of the 14th amendment.
Q: What are the benefits to an employee and employer employment agreement?
A:1. Often times, these agreements contain arbitration clauses specifying how employees can sue in the fact that they do. This helps keep the process organized, but this is often more beneficial for employers.
2. Employees understands their rights and terms of employment.
3. Certain limitations on what employees and employers can and can not do.
Q: What are the publicity rights, and what are some of the issues that may arise in the case of fashion designers who are closely associated with their fashion brand?
A: Publicity rights are those that come from marketing your product. For example, Vanna White has publicity rights to her character because she created this. Someone can not come along and be just like Vanna White. Some issues that might arise are when the brand has publicity rights w/the designer-kind of like Betsy Johnson how she really crafted her style so thats her own to which it is a right. However, it is hard to determine where to draw the line-Johnson's works are her right-thats not really her personality, whereas Vanna is entitled to her personality.
Q:How do I learn about local and state zoning laws?
A:Public research; The local and state laws will be on the nevada government law website.
Q:Any current law debates? How can I find out?
A:Yes, look on the New York Times.com website under opinion columns. Also, look to local newspapers and websites. There are law debates re healthcare, 1st amendment issues, gun control.
Q:If a space is rented, who is responsible for the liability insurance in the event a customer has an accident inside the store - who is responsible outside the store.
A:You would need to look at the terms of the store's insurance policy. Often, the store would be liable if it was not the customer's fault at all (there was water on ground). If it happens outside the store you need to see who owns the area outside the store.
Q:Largest legal challenge to opening my own retail business? What are the legal issues I need to be aware of?
A:Insurance. Make sure to insure your business from malpractice. Put it into a limited liability partnership so you are not liable for anything that happens. You need to be aware of fair labor practices, contract law-make sure u explain all terms of the employee-employer offers, you also need to understand the laws on marketing.
Q:What area the labor and employment law considerations as they relate to the fashion industry; what area the fundamental issues related to working conditions, wages and hours, and child labor and the use of independent contractors (such as sales representatives).
A:Make sure you have reasonable wages. Make sure to put these wages in contracts btwn employer and employee. Sales representatives must be disclosed as a sales representative. Make sure to put that they are solely sales representatives in the marketing and ad campaigns for your store.
Q:What is the procedure for verifying the name that I wish to use for my store to ensure the name is not registered by another store?
A:Look at nevada public records site to make sure that no one else has the name.
Q:What is the best way to set up a banking account, business and personal together or separate? advantages and disadvantages of each.
A:SET them up SEPARATE. Make sure your business is a limited liability partnership. Comingling of assets is confusing and can get messed up. Also ,if u co mingle this could be used against u by saying the business was used for personal reasons which is bad when u have a LLP and u don't want to be held personally liable if the business messes up.
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