Practice Areas

General Business & Intellectual Property

General Business & Intellectual Property

General Business

A Business Attorney That Supports Innovation

If you are starting out or operating your own business, Barbara Berschler can help you make the right decisions to move forward and avoid pitfalls. Because of her extensive experience as a business-focused attorney, she can counsel you with practical and objective advice.

She will aid you in answering such questions as:

  • What business entity structure makes the most sense, a corporation, limited liability company or sole proprietorship?
  • Do all the owners agree on the main objectives of the business?
  • Are they willing to sign a shareholders’ agreement or an LLC operating agreement?
  • Do you need special contracts to run your business, such as service contracts, confidentiality agreements, buy-sell agreements?
  • Do you understand the terms and conditions of contracts, commercial leases or licenses you are asked to sign?
  • If you are considering buying a franchised business, what does the Franchise Disclosure Document (FDD) obligate you to do?  How does the FDD relate to other agreements, such as a commercial lease and third-party suppliers, which you will also need to sign?

Offering prompt answers to these and other business-related questions can make a big difference in your smooth operations. Based on her considerable knowledge and expertise, Barbara Berschler will reach the heart of your matter and identify practical and cost-efficient solutions.

If you want documents to be drafted or reviewed such as shareholder agreements, LLC operating agreements, general contracts, licenses, commercial leases, purchase-sales agreements or Franchise Disclosure Documents, Ms. Berschler understands their importance to you and will attend to them promptly and efficiently.

Intellectual Property

Safeguarding Your Ideas

Because intellectual property is intangible and not like physical property such as real estate or a car, it can be hard to safeguard from infringement, misuse, or theft. With her extensive experience of working with business and non-profit clients throughout the Washington, DC, metro area and internationally, Barbara Berschler offers guidance in the identification of intellectual property rights, in the obligations required when using IP, and in ways to protect or defend against claims of infringement.

Because your copyright protected works, trademarks, trade secrets contribute to the economic value of your business, you want to know the answers to such questions as:

  • How do intellectual property rights come into existence?
  • Who owns the IP rights?
  • How can you properly make use of your intellectual property?
  • What happens if someone infringes on your intellectual property?
  • What do you do if you are accused of infringing on the intellectual property of another?
  • Do you have a comprehensive non-disclosure agreement or NDA in place with respect to your employees, contractors, customers?
  • Are your intellectual property licensing agreements comprehensive?
Most intellectual property rights are regulated by licensing agreements, which identify what rights a licensee can exercise and what rights the licensor has retained. With her careful drafting and review of licensing agreements, Ms. Berschler enables her clients to achieve the proper balance between rights and responsibilities in their use of intellectual property.


With three decades of legal experience and an eye on current legal trends, Ms. Berschler offers guidance in all aspects of intellectual property rights for such clients as:

  • Software Companies
  • Financial Institutions
  • Technology Companies
  • Public Relations Companies
  • Not-for Profits
  • Artists
  • Writers
  • Musicians
  • Web and App Designers

A Business Owner’s Guide to Intellectual Property

The “Business Owner’s Guide to Intellectual Property” provides an understandable explanation of various forms of Intellectual Property which may be encountered by business owners and individual creators of intellectual property, such as artists, writers, filmmakers, software developers.

The Guide examines such issues as: Who owns the IP? How is IP created? What is “fair use?” How to protect trade secrets? If you would like to receive a free copy of the Guide, place your request, and Barbara Berschler will be pleased to see that you receive it.