Today's Business Forecast: Increasing Clouds

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They say every cloud has a silver lining - you get some benefit out of every bad thing that happens to you. When you're very happy, you're on cloud nine! If you aren't paying attention in class, your teacher might tell you to get your head out of the clouds. If the authorities think you did it, you would be under a cloud of suspicion. These days, when your workforce is located in three different countries and five different cities connected by the internet, you're practicing cloud-based staffing and utilizing cloud computing.

Wait, what?

That's right. Utilizing a virtual workforce through cloud computing is becoming increasingly popular, because it allows businesses to access talent outside of the local area, it shortens time to market, and it allows for flexibility by giving access to files and data when working remotely and/or outside office hours. If this cloudy terminology is new to you, here is a basic definition to get you up to speed:

According to Wikipedia, "Cloud computing refers to the use and access of multiple server-based computational resources via a digital network (WAN, Internet connection using the World Wide Web, etc.). Cloud users may access the server resources using a computer, netbook, pad computer, smart phone, or other device. In cloud computing, applications are provided and managed by the cloud server and data is also stored remotely in the cloud configuration. Users do not download and install applications on their own device or computer; all processing and storage is maintained by the cloud server. The online services may be offered from a cloud provider or by a private organization."

Cloud computing is what makes a successful virtual workforce, or "staff in the cloud" possible. Flexibility is a huge benefit of cloud computing, as is its ease of use. Cloud computing is often cheaper and less labor intensive because it's online - and therefore the need for massive amounts of server space for storage is removed altogether (you'll probably just see a slight increase in your monthly fee for more data storage). We could continue discussing the benefits of cloud computing; however, the point is it's here to stay, along with cloud staffing. So legally speaking, what does this mean for your business?

When choosing a cloud-based service provider that will allow you to sustain a virtual workforce there are many important points to ponder. You will need to thoroughly review the provider's Service Agreement or Terms of Service in order to find out the following before signing up:

• Where is the actual data stored? (And we mean the geographic location of the company's servers that house all of the data).

• How many servers does the company have?

• What security measures are in place to prevent hackers from accessing the data?

• What notification procedures are used by the company to alert customers of a data breach?

• Who has access to your data?

• Are customers able to back-up the data stored on the cloud on their own servers?

• How do you migrate the data from the cloud if you decide to cancel the service?

If you take these questions into consideration and get solid satisfactory answers, you're ready to hit the cloud!

Joshua M. Marks, Esq.
JM LAW GROUP, LLC
1818 MARKET STREET, SUITE 3740
PHILADELPHIA, PA 19103
215.832.3600

http://www.lawmr.com/
josh@lawmr.com

http://www.youtube.com/user/jmsportsrep

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Business Law - Making a Contract on the Web

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Outside of the World Wide Web, it is well established how a contract should be formed based on case law through the years, and how a contract is then concluded. Commonly known, the conclusion of a party is when both parties sign the contractual document setting out the agreed terms and conditions. It is also well known that a contract can be agreed upon verbally but if either party then turns around and denies the existence of any contract between the parties, it is far more difficult to establish evidence to the contrary and proving that an agreement was made between the parties.

To establish a legally binding contract, four elements need to be established which are consideration, intention to create legal relation, offer and then acceptance. Consideration means that each party will benefit in some way by the contract that is being entered into. The intention to create legal relations is generally apparent in all cases, because of the fact that both parties have entered into negotiation. The tricky part to establishing a legally binding contract is the offer and acceptance part. An offer is when a party offers something to the other party to buy, but it must be of a particular item, including the specific nature of the item, the price to be paid, how it is to be delivered and when payment is due. This is often confused with an invitation to treat. It must be remembered that you cannot accept an invitation to treat and therefore cannot conclude a contract.

Generally acceptance is usually achieved by the two parties signing a document containing the terms and conditions relevant to the item offered and possibly any exchange of correspondence. Acceptance would usually determine the time the contract was entered into, the terms of the contract and which jurisdiction the contract is relevant too. This is very common, as most contracts state which jurisdiction the law will relate to just in case there is a dispute on the horizon. Online acceptance is slightly different that a hard copy contract, but the general legal principles are no different. There are essentially two ways to concluding a contract online and that is by email and on the web.

The exchange of emails is similar to exchanging of physical correspondence. It must be that the email accepting the offer must have the same terms as the email giving the offer, therefore a contract will be concluded by a second email, but inevitably questions will always arise as to the validity of the acceptance. Outside the web, the first letter posted to a party after the offer accepting that item is the once which is deemed to be the acceptance which will be the successful one. However, when it comes to online contracts, it has not been determined exactly what constitutes the same as posting a letter. It usually depends on the individual case or situation to determine when an acceptance has been reached.

For more legal advice and information, and for free legal resources visit lawontheweb.co.uk

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Steps Involved In Formation Of Corporations And The Importance Of Business Lawyers

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Corporation is a distinct and legal and separate entity from the persons who have created it. Of all the business organizations, corporation is the most common form, and its owners are not responsible to pay for its liabilities. Corporations can be classified as: profit corporations, non-profit corporations, public corporations, private corporations, professional corporations, publicly-held corporations and closely-held corporation.

In this article we are going to comprehensively outline the formation of corporations and the importance of the role commercial and real estate lawyers play in this formation. It follows a procedure which includes the following steps: First of all, a name is to be decided for your corporation which should not be the same as any other registered corporations. The name should end with a corporation designation like 'corporation', 'limited' or 'incorporated'. However, some of the restricted words cannot be used such as 'federal', 'national' etc. To avoid any complications you need to contact the corporation's office and get a name registered. Since this process can get a little technical most individuals prefer appointing a business lawyer.

The second step is to appoint a board of directors, who make the financial decisions for the corporation and finalise the policies. They also appoint different officers and decide their salaries, make approvals for loans to be taken and other major decisions such as issuing stocks. They are appointed by the owners of the corporations before the beginning of the business.

The next step for the formation of a corporation is to file the 'articles of incorporation' with the corporation filing office. These are to be created and signed by the owners of the corporation. A member of the board of directors is appointed as the 'agent' so that public can contact the corporation through this 'agent'.

The formation of a corporation also requires you to create the bylaws, also known as the internal laws for your corporation which deal with daily decisions. For this, usually a lawyer is appointed who drafts them out for you. Another important step is the signing of an agreement, for the transfer of ownership of the corporation, after the owner becomes disabled, dies, retires or decides to leave the corporation.

The final step is obtaining required permits and licenses for your business. The most important being the business license, which is your tax registration certificate. You also need an employer identification number and a permit from the local planning board for your business. All these tasks can be performed efficiently by a business attorney.

If you are thinking about starting a corporation then you should get in touch with Miss Lubna K. Jahangiri, her real estate and commercial law firm is located in the State of California. Her expertise and knowledge in business law can make the procedure of forming a corporation convenient and hassle free for you; the vast knowledge she processes can act as a sole source of guidance throughout the procedure. The second pertinent advantage of consulting Miss Lubna is the reasonable fee she charges. The unmatched quality of her services along with a very affordable fee makes her the perfect choice for formation of your corporation.

Miss Lubna K. Jahangiri is one of the most qualified law consultant and experienced business and corporate lawyer in the State of California.

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