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Clarity

Madhu Singh, Attorney, MBA

Greater Seattle Area

Entrepreneur, Managing Attorney of Foundry Law Group, Founder and CEO of LegalforLocal, Faculty Lead at the Community Development and Entrepreneurship Clinic at Seattle University School of Law/School of Business, President of the Women's Business Exchange, Recipient of the 2014 SBA Women Business Owner of the Year and Named 2014 Rising Star by SuperLawyers Magazine.

$3.33/min

Madhu donates to Pencils of Promise ($56.76)

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30 Reviews

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Business Development Social Media Intellectual Property Licensing Corporate Law Legal Writing Trademarks Copyright Law Employment Law Trade Secrets

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Attorney and Entrepreneur

Business and Intellectual Property Attorney working with entrepreneurs, startups and growth stage companies to protect and leverage their business and proprietary assets.

Answers 13
Reviews 30

Answers

Madhu Singh, Attorney, MBA answered

Can I use pictures from a 'global sports event', such as from http://www.fifa.com/worldcup/ to our website by citing credits on a dedicated page?

It would be better if you asked permission before doing so. The historyoftheworldcup site probably was able to get the right to display the image with credit by asking the original photographer. I would recommend you do the same. You can run into serious infringement issues not to mention the fees that may come with the infringement claim.

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Policy

Digital Journalism

Madhu Singh, Attorney, MBA answered

What is the best inexpensive way to create a privacy policy and terms and conditions for a website that has a social networking component to it?

Regardless of what you decide to do--just get it reviewed so you feel confident about your terms. Example: I had a client who copy and pasted from a competitor site but did not get it reviewed. Turns out if you needed to contact the site per their terms the contact section still had their competitors name on it! You don't want that to happen. It shouldn't take experienced lawyers more than an hour or two max to help you review--it would be worth the money to rest easy. When it comes to social media and especially if you are crowd sourcing content or curating any photograph there are a lot of IP considerations to work through. Good luck.

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Legal Advice

Legal Writing

bootstrapping

Madhu Singh, Attorney, MBA answered

If I have a clause in my contract where any "Derivative" works are owned by the company -- what are the limits of this were I to create something new?

This is a tricky question as you are entering a gray area if you are using material from Book Z to inspire your own book. Derivatives works are highly litigated and there is case law that you could turn to to help you make this decision but based on your example its going to be a fine line. You would have to be able to distinguish the products as two very separate works. Since the original book Z is inspiring your new book this may be hard to do. It might actually be easier to talk with the original author about your future plans and develop an agreement between the two of you where he waives any claims he might have here in exchange for recognition in your book. Just an idea--FYI- this is NOT LEGAL ADVICE. You should consult with an attorney in more detail here.

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Intellectual Property

Legal Advice

Madhu Singh, Attorney, MBA answered

Can you claim a name from the US trademark office if someone else was the first to come up with the name and didn't claim it with the office?

Stick to names that are unique to your company and product/service-- no sense in working off another company name with the risk that you might have to change it. The more unique (and less arbitrary) the name the likelihood of success increases. Generic names are less likely to succeed in trademark protection. Also just so you know when you file a trademark it is associated with a specific class of goods or services. For example Apple while generic because is a fruit-- Apple has a trademark on the term Apple as it applies to computer, mobile, and other related products. (This is just a simple example to describe what I mean). The test for running into trademark issues is whether or not there is a likelihood for confusion. This means if a consumer could confuse your brand and an existing brand then you might be treading in the likelihood of confusion waters--and you want to avoid this. It sound like it might be worth talking to someone in detail about your options--look for attorneys with trademark experience (including myself).

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Trademarks

Domain Name Disputes

Branding & Identity

Madhu Singh, Attorney, MBA answered

What is the best way to receive Founders stock?

Disclaimer: THIS IS NOT LEGAL ADVICE.

Either options would work great. A few things to consider:
1. Tax consequences of each (this is likely the biggest factor in your decision).
2. Stock grant purchase price is it consistent with your hourly/project rate.
3. I would recommend the stock be issued to your C-corp for liability purposes and tax. (is your partner working on the project a shareholder in the corporation?) another option would be to set up a separate entity to receive the stock.
4. Are you receiving any compensation; is there any opportunity to defer a portion and receive stock as the other half?

There are several other ways to structure this type of transaction that could work for both parties. I strongly recommend speaking with a CPA and a local attorney to advise you further. It would be worth the investment in the long run.

Good luck.

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Legal Advice

Tax

Deferred Compensation

Madhu Singh, Attorney, MBA answered

Are there any laws related to zoning that I should look into for a home based E-commerce store?

Generally most states require some sort of home based business license. Contact your local city business license office and ask. They are usually quite helpful.

Also make sure you have separate business insurance. Not very homeowner's policies cover home based businesses.

Let me know if you can provide city/state details and I can help you figure this out.
Thanks,
Madhu

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eCommerce

Corporate Law

Home Based Business

Madhu Singh, Attorney, MBA answered

In revenue based licensing deal, how can I make sure we are not being take advantage of when clients can't disclose information about their clients?

There is usually a reporting mechanism that includes non-identifiable information. Besides, If they are a reseller of your products then you have a right to know who the end user licensor is for contract and legal purposes. I would make this a requirement in order to work with you.

Plus you should have a good non-circumvention type clause with some sort of liquidated damages to ensure there are adequate remedies if you find out that this is happening.

Let me know if you would like to review some more options,
Thanks,
Madhu

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Software Licensing

Licensing

Madhu Singh, Attorney, MBA answered

What's a good resource for a U.S. based startup social network to begin building its first terms of service?

This is a tricky one. As a lawyer I would recommend you ask an attorney to draft one for you but I know that is not always budget friendly. I would recommend finding a similar type service and make sure you account for all the terms. Taking your draft to a lawyer for a review should not take more than an hour or two and will save you money in the long run. Strategically for an early stage startup this is probably the budget friendly way to go.

Let me know if you would like to discuss more,
Thanks,
Madhu

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Privacy Law

Corporate Law

Internet Law

Madhu Singh, Attorney, MBA answered

Licensing software to foreigner countries

I recommend talking with an attorney on this. This not an easy question to answer without asking a whole host of other questions.

One thing you can look at is the terms of service for iphone and android- they have terms that help speak to this issue.

Thanks,
Madhu

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Licensing

Madhu Singh, Attorney, MBA answered

How do I acquire the T&C for website use, terms of service, and privacy statement for an online business in Australia?

HI there. Happy to help. We have experience drafting terms of service and privacy statements in countries beyond the U.S. I also have a colleague in Austrailia that i'm happy to coordinate with for additional perspective. We are a firm that focuses on working with growing innovative companies. In reviewing the answers below I think we might be a good alternative for you to consider as you want someone who understands your business and can articulate your terms accordingly. Our style is plain english with a bit of flare so its consistent with your marketing and makes it easy for users to engage with you. Would love to connect.

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Legal Writing

Legal Services

Legal Advice

Madhu Singh, Attorney, MBA answered

If I created a product and business, and then worked for a new employer and we talk about and demo my invention, is it now my employer's IP?

Several follow up questions:
1. Do you have any sort of employment agreement now?
2. Did you disclose early on that you were working on this side project?
3. What state are you in?
4. Have you taken steps to protect the proprietary info to date--such as using an NDA?
5. Does anyone else within the company know about this recipe?
6. Is the former employer in the industry to any extent? From your description it sounds like a maybe.

The goal here would be to separate the proprietary details and show that this did not fall within the realm of your employment. I don't think that your employer has enough of a leg to stand on here so even going to court would not be a sure thing for him. However there are some preventive steps you can take now based on answers to the questions above.

Let me know if you would like to chat more,
Thanks,
Madhu

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Corporate Law

Intellectual Property

Reviews

Madhu was very helpful and offered amazing advice for our SaaS startup. Highly recommended!

Simon Smith Source: Clarity

Madhu is an essential resource to our start-up software company. She quickly became a trusted advisor to my executive staff, and has helped us refine our legal operations. She acts as if she is an owner of the company, and cares deeply about our success. Her focus on start ups brings with it a great perspective and insight we find invaluable.

Greg Baker Source: LinkedIn

Madhu was the professor that my partner and I worked closely with in the Community Development and Entrepreneurship Clinic. She constantly met with us and provided helpful feedback in order to ensure that we provide the best legal and business advice and documents to our client. Additionally, she helped us gain substantial experience by providing us with insight based on her own experience and knowledge as an attorney and entrepreneur. She was very enjoyable to work with, and I highly recommend her services to any client.

Nahal Nabavinejad Source: LinkedIn

Madhu is a detail-oriented attorney who is not afraid to go deep when it comes to helping clients avoid the potential pitfalls of contracts. She is also patient with questions and happy to speak to you in plain English. I look forward to working with Madhu again. Thanks, Madhu!

Giannina Silverman Source: LinkedIn

Madhu has been working with us for over two years now and has helped our company make the transition from a sole proprietorship to a flourishing LLC. Her prices are fair and she always advises us with one eye on the cost-effectiveness and necessity of any given action. Over the last couple of years, she has advised us on, and guided us through, courses of action that would best protect our business while encouraging it to grow.

As an individual who is truly of, and for, the community, Madhu knows lots of people and has deep roots in the greater Seattle area. Not only has she been a great attorney, but she is great resource as well. She is constantly connecting us to other individuals, businesses and sources of information that are of great strategic value and often share a common interest. She is a connector, and as such, she will not hesitate to make potentially beneficial cross-introductions.

Madhu nurtures a long-term attorney/client relationship. She always makes herself available to her clients. She readily shares her legal expertise, and does not charge you and arm and a leg for it. Madhu has always been assertive about educating and empowering us to take care of the things that we can take care of on our own, while ensuring that we call upon her during those times when legal services are necessary. There is no doubt in our minds that Madhu is fully invested in the financial health of her clients and their companies.

If you are looking for an amazing attorney that values your business as though it were her own, who is well-connected, resourceful and fair, look no further. As a bonus, she is a pretty fun person to be around as well!

We highly recommend her.

Randy Steiger Source: LinkedIn

I've worked with Madhu for a few months now and used her help on different types of legal matter, I've found her very knowledgeable, responsive and easy to work with. I recommend Madhu to anyone looking for help with legal matters.

Pulin Thakkar Source: LinkedIn

Being a first time entrepreneur, I needed an attorney that could lead me in the right direction. I found this and more with Madhu. I'm picky, and I call it like I see it, and Madhu was wonderful to work with - helpful in her advice, patient with my questions, and simply took care of everything I needed in a professional and timely manner so I could remain focused on development. I definitely recommend Madhu to all startups out there. From top to bottom, she's a delight to work with and I'm confident all her clients share this impression.

private private Source: LinkedIn

Madhu helped personnalize stock contracts and operating agreement to our specific needs, and was a great asset in getting the work done in a timely fashion, within my budget and pointing out and fixing relevant issues. I'll be happy to work with her again when needed!

Didier Monin Source: LinkedIn

Madhu created contracts for my business after I worked with another firm to incorporate. I was displeased with my first firm. It took nearly two months to get things going, was expensive, and the final product was not even what I wanted.

MK Singh Law Office was the polar opposite: very responsive to calls and emails, documents returned quickly, friendly, accurate, and a great value.

Thanks Madhu!

Nick Webb Source: LinkedIn

Madhu quickly responded to my needs for legal work and the results were positive. She is a great alternative for business owners who want want to build a long-term relationship with an experienced business attorney instead of dealing with less experienced attorneys at large firms who tend to move as their career progresses.

Jeffrey Levell Source: LinkedIn

Madhu added a calm, rational presence to a very emotional contractual conflict. I was able, with her guidance, to navigate through two months of stressful negotiations to a highly successful conclusion.

I will continue to use her services, refer my clients, family and friends to her and highly recommend her.

Deborah Asavarahapun
AFSB, LLC

Deborah Asavarahapun Source: LinkedIn

Member since September 2014