The Much Shelist Legal Check-Up™: Helping You Assess Your Business and Stay on Track

All businesses are subject to at least one universal rule: Things change. Economic conditions fluctuate, markets cycle up and down, laws are enacted and repealed, and businesses face opportunities and challenges.

The attorneys of Much Shelist understand that the demands of managing day-to-day operations often distract business leaders from long-term planning and decision-making. Over time, strategic choices and policies that once made perfect sense can become increasingly detached from current business and legal realities—in some cases, putting you and your company at risk.

To help business owners and leaders get and stay on track, we have developed the Much Shelist Legal Check-Up™, which includes questions covering nearly every legal aspect of owning and operating a business. Although some of the questions may not apply to you, the Legal Check-Up™ will help you identify potential risks, overlooked opportunities for business growth, inefficiencies and other areas that need your attention.

Completing this questionnaire—now, and every few years—is a simple and effective way to assess the current state of your organization and to help you make appropriate choices that address existing issues and anticipated changes.

What follows is an excerpt from the larger document, which also covers books and records, financial matters, estate and succession planning, contracts, labor and employment, employee benefits, real estate, intellectual property, litigation, insurance and risk management, product warranties, environmental and safety matters, and franchising.

Antitrust

Have you initiated an antitrust compliance program to review guidelines with regard to the following:

1. Relationships with competitors (e.g., any discussions, understandings or communications about price, territorial restrictions, production or problems with a mutual customer/supplier; or social or other contact with a competitor)?
2. Relationships with customers (e.g., dictating the customer's resale price or requiring the customer to purchase all of its product from you)?
3. Other business activities (e.g., below-cost selling, price differentials for goods of like grade or quality, or trade association activities)?

Unfair Competition

Have you reviewed your practices in the following areas relating to unfair competition law:

1. Possible interference with the contractual relations of another?
2. Communications that are critical of the products or services of another (i.e., disparagement)?
3. Gifts or payments of substantial value to an influential employee or agent of a customer or prospective customer (i.e., commercial bribery)?
4. Use of confidential, technological or business information of another company without its permission by snooping, by questioning its employees or former employees, or by hiring its employees?
5. Copying or simulating the appearance of another company's products or business operation?

To receive a complimentary copy of the complete Legal Check-Up™, please e-mail checkup@muchshelist.com or contact your Much Shelist attorney.