Whether it is a fashion boutique, a coffee shop, a nail salon, or even a law firm, a business is a business, and the Yau Law Firm is there to help with each stage of its creation. On Friday, September 6, 2013, Florence Monauer will join three other Jacksonville attorneys in a panel discussion with law students about starting a law firm.

“I think it is vitally important that law students consider the possibility of starting a law firm,” Ms. Monauer said. “With the way the economy is–and I think this is applicable to any field–businesses want to hire people who can add value to the company and bring profit. To be that kind of employee, one should have to understand how to think like a business owner.” Ms. Monauer goes on to explain (to her staff who eagerly listened) that most companies simply do not just hire people on what they “can do,” but rather, “what they can bring.”

Ms. Monauer is eager to bring her experience into the discussion and will be happy to answer any questions at the event. The panel discussion is hosted by the South Asian Bar Association of Florida–Jacksonville and FCSL’s Asian Pacific American Law Student’s Association.

Date: September 5, 2013, Thursday

Time: 12:00 noon

Place: Florida Coastal School of Law, room 250

Free lunch is provided by RSVP e-mail: [email protected]

The panel discussion will offer 2 Continuing Legal Education points to practicing Florida attorneys, and 2 professionalism points for law students at the Florida Coastal School of Law.

Filed under: General by Yau Jo-Anne Wednesday, September 4th, 2013
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As intellectual property attorneys at the Yau Law Firm, clients often inquire about the benefits of having a trademark. What is a trademark, and what can it do for businesses? The answer: plenty. What better way to demonstrate the power of having a trademark than to play a simple video game app?

It’s called Guess Food (for the Android version, click here: Guess Food,) an easily addicting game that tests your knowledge of common food brands like Gatorade, Heinz, or Starbucks. The goal of the game is, as you may have assumed from the name, to guess the brand of the product with the letters provided. Players are to guess solely on the appearance of the packaging and the trademark logos. If you get stuck, you get a couple of useful tools like letter deletions, skips, and letter placements.

While playing it, I thought that it would be the perfect tool to explain the power of trademarking. I went through the game pretty fast; I got stuck on a few items, but the rest were pretty easy. Then it dawned on me: I went through the game quickly because the brands were just that easily recognizable. These were brands I saw every day, and I could identify the product easily by simply looking at the packaging and the logo.

This is the power of trademarking: it is a word, a symbol, a picture, even a slogan or a packaging that can get an everyday consumer to easily identify the product. The idea that registering a trademark is only applicable to extremely successful businesses is false! I am certain that most of the brands you will encounter in Guess Food started off small and grew to be a giant in the market.

To find out how your company’s brand can become a valuable business asset through trademarking, give us a call today!

P.S.

The above picture is a screenshot from my own iPad. Do you know what that brand is? Think you can beat my score? 🙂 Give it a try!

Article by: Florence Chen Monauer

Filed under: Trademarks by Yau Jo-Anne Tuesday, September 3rd, 2013
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In this final blog part about negotiations, I address the question: “is the other party likely to agree to a certain result if you present a reasonable offer?”  In my previous Yau Law firm blog posts, I addressed how negotiations can save time and money if you (1) can benefit from saving or having a better relationship with the other party, and (2) believe that the litigation will cost more than the amount of money you may receive from the suit. Remember that negotiations work in any kind of matter, whether it be intellectual property ownership disputes, family law, civil litigation, or business disputes.

Every party to a dispute has something they want. For an example, a business may want to protect its intellectual property so as to prevent a loss of commercial income. So, this company may desire to offer licensing as a reasonable offer as opposed to moving straight into litigation. The other party may desire this; it is one method of continuing the commercial activity without having to re-brand or quit altogether.

The key idea is to offer something reasonable. Oftentimes, parties to litigation are so angry and frustrated with the underlying problem that any offer can seem like a joke. If the offer is indeed something that the parties would never reasonably consider, then the offer will be seen as an insult. But, providing a reasonable offer–an offer that speaks to what a party wants–will steer you in the direction of settling.

To present an offer that would tempt the other party to settling, there are a few things that you should ask and think about:

• What does the other party want?
• Can I reasonably give what the other party wants?
• Would the other party be willing to give me what I want if I can give the other party [insert item]?
• Why is the other party guarded against me? Why am I guarded against him/her?

Filed under: Civil Litigation, Corporate Law, Family Law, General, Personal Injury by Yau Jo-Anne Monday, August 26th, 2013
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It’s a bright fall season for the Yau Law Firm as one of our very own attorneys, Ms. Jo-Anne Yau, accepts the calling of a teacher. And, she is not just any teacher. Ms. Yau is now one of few attorneys in the Jacksonville legal community with the distinguished honor of being a law professor. Upon hearing the good news, we just had to ask: “how does it feel to be called Professor, now?”

Her response: “Hahahaha, aside from being scared out of my mind that I won’t have time to sleep until May? I think I’ve been given a unique opportunity to practice law and train my future colleagues…I guess.”

But, all jokes aside, we know Ms. Yau is extremely excited to teach law. She loves educating! In fact, this would not be the first time that Ms. Yau teaches the law student community. For years, Ms. Yau has been an excellent mock trial coach and judge at Florida Coastal. Many of her old students have grown to become excellent attorneys in Jacksonville.

Fans of Jo-Anne Yau, do not fear! This is not the end of her practice. Ms. Yau is not only dedicated to educating future attorneys, but she is just as dedicated to the practice at the firm. Ms. Yau continues her practice in intellectual property (including patent prosecution), business, criminal defense, personal injury, and traffic.

Ms. Yau will be teaching Evidence and Gender & The Law beginning on August 16, 2013.

Congratulations, Jo-Anne Yau!

Filed under: General by Yau Jo-Anne Monday, August 19th, 2013
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Does litigation cost more than the possible monetary relief you may get at the end of the case? If it does, you may want to consider negotiating with the other party. The past two parts to this Yau Law Firm blog addressed negotiating as a better alternative to those who can benefit from a better relationship (or preserve a relationship) with the other party. This part addresses the reality of litigation: are you ultimately getting what you want?

Imagine that you are a large company who owns the rights to a registered trademark. You then come to realize that someone or some smaller company is using that same trademark, or a mark confusingly similar to yours, with their goods and services. This unapproved use of your trademark will cause problems for your company down the road. Your first instinct may be to hire an attorney and seek damages. But, here is something to consider: even if you were the victor of the suit, how much can you recover? The amount of money this larger company may spend on litigation may actually cost more than what it may get in damages. For this reason alone, most companies will choose a different alternative to deal with problems such as these. Oftentimes, that alternative is to negotiate. Remember that negotiations can come in different forms, and yes, they can begin with a letter or a phone call from an experienced attorney. Though, I should also admit that sometimes, negotiations don’t begin until there is some form of legal leverage being used, such as the filing of a complaint, or the discovery of certain evidence.

I believe that there is also a need to realize the value of things that cannot be measured in dollar signs. For instance, a parent’s desire to have more visitation with his or her children cannot be measured in dollar signs. An injured person’s desire to have a sincere apology for an accident caused by someone else may not be satisfied with just money either.

An experienced attorney who understands litigation also understands the value of negotiating. If you want to know how negotiating can save you thousands of dollars on litigation, give us a call today!

To read about negotiating in general, go to part 1.  To read about preserving or creating a better relationship with the other party, please read part 2.

Article by: Florence Chen Monauer

Filed under: Civil Litigation, Corporate Law, Family Law, General, Personal Injury by Yau Jo-Anne Tuesday, August 13th, 2013
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Can you benefit from preserving the relationship, or having a better relationship, with the other party? In the first part of this topical discussion on the Yau Law blog, I addressed how negotiating can ultimately lead to a successful ending for all parties involved in litigation (or potential litigation). But, the common problem that most litigants face is getting to square one: considering negotiating with the other party. It is true that most litigants seeking for legal representation want what is best for themselves, and feeling wronged, desire to be vindicated. But, what these litigants do not see is that negotiations may potentially lead to better results.

Take for instance, a divorce. With emotions running high, the husband and wife may want nothing to do with each other after separation. When the issues are highly contested, the parties may not want to mediate, much less negotiate. However, negotiating with the other party for a mutually agreeable outcome may not only avoid additional costly hearings at the court house, but the parties may actually have a better time communicating. Can a husband and wife benefit from having a better relationship with each other through negotiations? Absolutely–particularly if children are involved. I have seen parties negotiate during the divorce proceeding and because of the friendly disposition of the case, both parties were more lenient with the other parent’s requests for child care, custody, and visitation. In the end, not only did the parents have a better relationship with the children, but the children avoided from being in the middle of constant disagreements.

Now, compare the previous outcome with going to court. Attorneys will charge costly hourly rates to write motions, attend hearings, conduct discovery for evidence, and much more. If the parties to a divorce case can negotiate and agree to an outcome without having to attend hearings, then the parties could save themselves hundreds, possibly even thousands, of dollars in legal fees.

Consider two businesses in an intellectual property dispute. One company owns a registered trademark, and another company offers goods and services using a mark that is confusingly similar to (or the same as) the registered owner’s. Receiving a cease and desist letter from another company can be frustrating, especially if you feel that you own the rights to the mark. Could a company benefit from having a better relationship with the trademark owner through negotiations? Absolutely. Taking the dispute aside, remember that these companies are also businesses. An opportunity that most litigants overlook is the possibility of licensing. The registered owner may desire to offer licensing opportunities to the other company, and the other company may see the benefit of paying royalty fees to continue doing business as opposed to completely shutting down or re-branding. In any event, negotiating for a better outcome is far better than moving forward with litigation.

But what if the other company desired to take the case to court? In this case, both parties can find themselves spending thousands, possibly even tens of thousands of dollars, in legal fees. A registered owner of a mark will certainly have perfected his/her rights on that mark over someone who has not registered the mark. It may be a losing case for the non-registered owner.

Every person can benefit from negotiating with the other party. At the Yau Law Firm, we are experienced in negotiating for a better outcome. We know the legal concerns of all parties, and we certainly take the heat out of the discussions so as to encourage friendlier relationships.

If you want to know whether you can benefit from having a better relationship with another party, feel free to contact us today!

Stay tuned for the next topic: Does litigation cost more than the possible monetary relief you may get at the end of the case?

Article by Florence Chen Monauer

Filed under: Civil Litigation, Copyrights, Corporate Law, Family Law, General by Yau Jo-Anne Friday, August 9th, 2013
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As an attorney at the Yau Law Firm who handles various types of litigation, I speak from personal experience: negotiating with the other party can save you grief and money, and it can even result in a better outcome for everyone. This tidbit of info works whether you are at the beginning of litigation, in the middle of litigation, or just contemplating litigation. It also doesn’t matter what kind of dispute you are involved in: personal injury, business law, intellectual property, or even family law.  Everyone can benefit from a negotiation!

In law school, lawyers are trained to be great writers, litigators, and readers. Some attorneys receive certificates in special areas, such as Sports Law. These are specializations in particular areas of law that set us apart from other attorneys. But, one thing is for sure: law school doesn’t necessarily teach someone to negotiate, much less offer certifications in that skill. Many lawyers know how to litigate, but few appreciate the art of negotiating.

For one, it is important to understand that you don’t have to go to a formal mediation to negotiate. Negotiating can be as easy as picking up the phone to make a call (or better yet, have your lawyer pick up the phone to make the call for you). I will mention one important caveat, though: having a lawyer to make negotiations for you can be the difference between getting what you want or not getting what you want at all. Parties to litigation tend to be very emotionally involved. This is particularly true in family law where either parties fight tooth and nail to “win” as much as they can get. It takes an attorney who can review facts from a less emotionally involved position, who understands the law and how judges decide, to see the good and the bad with every case. In fact, when someone other than the involved party is negotiating, the communication is a lot less heated.

Rushing into litigation, guns blazing, and with the belief that you can absolutely win can ultimately lead to disaster. Even the most seasoned litigators know that the best preparation in winning a trial is anticipating a loss.

Here are some things you can think about when deciding to negotiate:

• Can you benefit from preserving the relationship, or having a better relationship, with the other party? 
• Does litigation cost more than the possible monetary relief you may get at the end of the case?
• Is the other party likely to agree to a certain result if you present a reasonable offer?

Filed under: Civil Litigation, Corporate Law, Family Law by Yau Jo-Anne Wednesday, August 7th, 2013
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Starting your own business can be a daunting task. Did you know that there are several different types of businesses? The way your personal and business assets, and even your tax filings, are treated differently depending on the type of entity you create. Whether you want a corporation or a partnership, or you desire to be a sole proprietor in business, the Yau Law Firm knows how to handle issues that arise from business ownership.

Today’s blog addresses Limited Liability Companies (LLC’s).

Limited Liability Companies gained popularity in Florida in the 90’s after tax restraints were lifted on such corporations. Limited Liability Partnerships next arose when legislature allowed for the limited liability protection to be extended to all partners of the corporation. Since then the Florida Revised Uniform Limited Partnership Act of 2005 has amended limited partnerships to afford them more protection. This protection has not however been given to LLC’s.

Limited Partnerships and Limited Liability Companies share some common features when protecting against outside liabilities. One key feature is how to deal with a partner that cannot pay back a creditor. The creditor in this case may secure a charging order, a decision from the court ordering the payment of a debt, by stocks, funds, or land, in the amount owed. In the case of a limited partnership, this is the only remedy available to a creditor. In contrast, an LLC is open to different remedies.

In a LLC, a creditor may earn the right to receive all distributions related to a debtor’s interest through a charging order. In essence this is like a wage garnishing. Any income that comes into the LLC, in the name of the debtor, will be given directly to the creditor. Where an LLC has several partners, those partners’ assets will not be bothered. The rights of a charging order only reach the debtor.

However, in the case of a single-member LLC, there is no such protection because a creditor may be granted governance rights: the right to take over a corporation. The one protection afforded to single-member LLC’s is a chapter 7 bankruptcy. In chapter 7, the debtor transfers membership interests to the estate (sometimes the family of the creditor). The bankruptcy in essence changes the appearance of a single-member LLC to that of a multi-member LLC (the members being the creditor and the estate). Once this occurs the estate will have a better chance of protecting the assets.

The laws on LLC protection are state specific and are governed by legislature and case law. Several alternatives exist which may further protect an LLC from outside liability including issuing additional shares of the company, incorporating the business in another state or country, or holding an interest in the LLC as tenants by the entirety (sharing the interest with your spouse). If you or someone you know is having trouble protecting their business, or would like advice on how to further protect their assets, contact the Yau Law Firm.

Filed under: General by Yau Jo-Anne Saturday, August 3rd, 2013
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The traffic officer hands you a traffic citation, now what? Lately at the Yau Law Firm, we have been receiving calls from individuals who want to fight their traffic tickets, but don’t know how or what to do.

The first thing to understand is why you received a citation. Did you receive a ticket for speeding? Did you receive a red light camera ticket? Or, did you receive a ticket for not wearing a seat belt? If it is a non-criminal infraction, and depending on the offense, your ticket can be organized into two major categories: (1) moving, and (2) non-moving violations.

“Points on a license” is relevant only to moving violations. This is where most believe that going to traffic school can help prevent points from going on the license and car insurance rates from skyrocketing. The common misconception is that a ticket can be easily disposed of through traffic school. The problem with this idea is that traffic school is only useful for moving violations. So, a speeding citation, for instance, would qualify for traffic school. Yet, you must always remember that there is a limit to the number of times you can go to traffic school. The recipient of the citation can go to traffic school no more than 3 times per year, and no more than a total of 5 times during his/her lifetime.

On the other hand, there are non-moving violations. If you received a ticket for not wearing your seat belt, for instance, that is a non-moving violation, and traffic school would do you no good. Non-moving violations do not give “points,” but they do affect one’s driving record.

Paying for your traffic citation may make the ticket “go away,” but paying for the ticket is an admission to your offense, and it will go on your driving record.

Also mind the deadline! Most traffic citations give you 90 days, others do not! Ignoring a traffic citation can lead to your license being suspended. Driving on a suspended license can lead to criminal citations and even jail time. And, if you want to take care of that traffic citation after the deadline, you would need to pay an additional late penalty fee.

Traffic citations become costly. Handling it on your own can be daunting and difficult. When looking for help on your traffic citation, find attorneys who are willing to help on a flat rate fee. At the Yau Law Firm, our services begin as low as $69. Our flat rate fee guarantees that we represent you in any number of hearings, and it also includes legal research and writing. Give us a call today to see what we can do for you and your ticket!

Filed under: Traffic Law by Yau Jo-Anne Thursday, August 1st, 2013
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Infants and children are injured every day in car wrecks.  Many of these injuries could be reduced or avoided altogether by the actions of the adults responsible for them.

As Personal Injury attorneys, we represent mostly adults, but we have represented our share of children and infants injured in car accidents as well.  Improperly installed car seats are a common headline, but what about improperly secured children?

In Florida, children injured in automobile accidents can pursue all negligent parties for compensation.  Even if the other vehicle was at fault, if a parent doesn’t properly secure the child in the car, the child may have a claim against his own parent!  Florida also has a rule that if a child recovers $15,000 or more in compensation for personal injury compensation, the court must approve of that compensation.

In the photo, you can see that Prince George was still swaddled in his carseat.  This means that the five-point harness could not be secured over both shoulders, and it would be impossible to fasten the strap between his legs.  In the event of a crash, Prince George could suffer injuries including a broken arm where the single strap across his chest lay.  Even worse, since his shoulder straps and leg strap were on improperly, he could be ejected from his carseat.

Kate and William made their first parenting mistake:  Prince George was not secure in his carseat on the ride from the Lindo Wing of St. Mary’s Hospital.  Don’t take that risk with your child!

When choosing a carseat for your precious cargo, be sure that the size is appropriate for your child’s weight.  Most fire stations offer free installation of carseats, to ensure that they are adequately anchored.  After an accident, it’s best to replace the carseat.  And finally, carseats have expiration dates, so make note of it, and replace your child’s carseat before that expiration.

Feel free to contact the Yau Law Firm if you or someone you know has questions or concerns about car seat liability and personal injury.

Filed under: Civil Litigation, Personal Injury by Yau Jo-Anne Tuesday, July 30th, 2013
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