Category: Legal

Responding to an E-Discovery Request Without Breaking the Bank

Posted by: on August 06

Being faced with a regulatory inquiry or a lawsuit is nothing short of a potential disaster for a small company. Legal fees, looming penalties, and time away from work take…

Using Independent Contractors

Posted by: on June 09

Being an entrepreneur is hard. You are a jack of all trades, master of some, and have more jobs than can fit under one title. To get help, many times…

Five Common Overtime Myths

Posted by: on May 21

The Fair Labor Standards Act requires all nonexempt employees to be paid one and one-half times their regular pay rate for any overtime hours worked. Don’t fall for these common…

Summer Help

Posted by: on May 20

Every summer, many businesses look to bolster their workforce by hiring students on summer break. However, many employers are still unaware that when it comes to youth employment, the Fair…

Avoid E-Discovery Litigation Surprises

Posted by: on May 14

E-discovery is a challenge that is faced by virtually every organization, regardless of size. In fact, almost as many small organizations were the target of a lawsuit within the last…

Preparing for Electronic Discovery

Posted by: on April 24

In today’s torpid economy, cutbacks are a fact of life. But amid declining resources, one thing is still on the upswing: litigation. Small businesses used to depend almost entirely on…

Understanding Rules About Employee Breaks

Posted by: on February 19

Everyone has to eat, and sometimes we all need a break. Seems simple, but the laws governing workplace breaks can be confusing. Federal law sets some standards for breaks as…

Pre-Employment Screening on the Internet

Posted by: on February 18

What if you could almost instantly find out if a job applicant is a bad fit for your organization? Social networking Web sites such as Facebook and MySpace offer a…

Facing Down Electronic Discovery

Posted by: on November 05

These days e-discovery is becoming a fact of life for most companies—even if they don’t know it yet. E-discovery refers to the identification, collection, preservation, and production of electronically stored…

Using Independent Contractors

Posted by: on November 04

A lot of businesses would prefer to treat workers as independent contractors rather than employees for various tax and liability reasons. However, it’s important to have a good understanding of…

Electronic Contracts

Posted by: on June 25

Take note: Federal law now makes electronic contracts and electronic signatures as legal and enforceable as those on paper. Consider what advantages e-contracts might have for your business. Some companies…

Launch Your Product Idea with a Benefit Statement

Posted by: on February 08

Inventors are often confused about what they’re selling to a company. Regardless of what your product may actually be, you are not selling a patent, a prototype, or a feature….

Statute of Limitations Basics

Posted by: on January 23

Statutes of limitations are laws that set the deadline or maximum period of time within which a lawsuit or claim may be filed. The deadlines vary depending on the circumstances…

What Is and Isn’t Legal to Use on a Web Site?

Posted by: on December 12

Is it legal to set up links to a Web site without asking? Can I copy information from a Web site and use it again? And who owns the design…

Getting Out of a Franchise

Posted by: on September 07

When it comes to breaking a franchise contract, the law usually swings in favor of the franchiser. That’s mainly because franchisers are able to limit their liability through UFOCs and…

Selling Your Business: Entity Sale vs. Asset Sale

Posted by: on September 05

When selling a business you have two options. You can opt either for an entity sale or an asset sale. Making the right choice can help minimize the taxes that…

Franchisee Litigation Against Franchisors

Posted by: on July 11

Opening up your own business is exciting, but if you get caught up in that excitement and fail to carefully review all legal documents and understand your obligations, you could…

What Is the Difference Between a Rental Agreement and a Lease?

Posted by: on July 06

When you rent out a property, you will need to decide if you wish to offer your tenants a lease or a rental agreement. Although these terms are often used…

Patent Protection

Posted by: on May 21

This is the third of three tips that explore the types of intellectual property protection that are critical to establishing and protecting your brand in the small business environment. Patents…

Trademark Protection

Posted by: on May 20

This is the second of three tips that explore the types of intellectual property protection that are critical to establishing and protecting your brand in the small business environment. Establishing…

Copyright Protection

Posted by: on May 17

This is the first of three tips that explore the types of intellectual property protection that are critical to establishing and protecting your brand in the small business environment. A…

Copyrights, Trademarks, and Patents, Oh My!

Posted by: on May 07

While protecting intellectual property is critical when starting a new company, the differences between copyrights, patents, and trademarks are not always clearly understood by small-business owners, and that can spell…

Make Sure You’re Adequately Insured

Posted by: on April 30

It’s important to assess and reassess your company’s insurance needs on a regular basis. Property-casualty coverage isn’t enough. Consider a broad range of coverage, from business interruption and consequent loss…

Who Must Be Notified of an Impending Business Closure?

Posted by: on April 10

If your company is a corporation, limited liability company (LLC), or partnership, in order to close the business you and your associates must jointly agree to the closure, following procedures…

Common Small Business Legal Mistakes

Posted by: on April 03

Small businesses make legal mistakes all the time—some of which can be disastrous. But knowing what pitfalls to watch out for can make all the difference.… To read the full…

Buy-Sell Agreements for Shareholders

Posted by: on March 27

A buy-sell agreement provides for the buying and selling of the stock in a corporation (usually a small closely held corporation) of a withdrawing shareholder. This agreement benefits both the…

Key Contracts for Small-Business Success

Posted by: on March 20

Without airtight, well-thought-out contracts, businesses may be in legal jeopardy. Companies need to retain a lawyer and make sure that business agreements are comprehensive, well thought out, and protective. The…

Hiring the Right Patent Attorney

Posted by: on March 15

If you are interested in protecting intellectual property, it is important that you begin the patent filing process before discussing your technology with any potential partners. To protect your intellectual…

Dealing with Zoning Laws for Your Home-Based Business

Posted by: on February 20

Are you breaking the law simply by starting a home-based business? Unless you research your city’s zoning laws, you will never know. Is your business at risk? Here are some…

Written Customer Agreements

Posted by: on January 08

Generally, any sale should include a written statement to protect the interests of your business. In retail sales, even the wording on a sales receipt is important. In service-oriented businesses,…

Required Workplace Posters

Posted by: on November 28

As a small-business owner, you need to make sure you are always following the laws that affect your industry. In addition to observing the mountain of federal and state laws…

So You’ve Been Sued—What Now?

Posted by: on November 27

It all starts when someone enters your business and hands you a sealed envelope stating, "You are served." Unfortunately, lawsuits are a part of doing business. Don’t panic—here are several…

Top 10 Mistakes Made When Hiring a Lawyer

Posted by: on October 25

Hiring a lawyer is an intensive process. You will often hear people complaining about their relationship with their attorney. Issues can be circumvented if you make a concerted effort to…

Trademark Concerns of Small Businesses

Posted by: on October 18

The idea of marking an item for ownership can be traced back in history to the finding of marks on pottery created many thousands of years ago. The economic use…

Are Your Discussions with Your Lawyer Confidential?

Posted by: on September 29

The short answer is yes. The general rule is that when you consult with an attorney for advice about a legal problem or engage a lawyer to represent you in…

New Deferred Compensation Rules for 2006

Posted by: on August 11

When IRS Code Section 409A was initially enacted in October of 2004, it provided some short-term relief for employers, who could put off (for a few months) the task of…

What Is the Small Business Regulatory Enforcement Fairness Act (SBREFA)?

Posted by: on August 09

On Mar. 29, 1996, President Clinton signed into law the Small Business Regulatory Enforcement Act, also known as SBREFA. This new law was a major coup for small businesses that…

Don’t Shy Away from Hiring an Attorney

Posted by: on August 07

A little investment now will go a long way in reducing your problems later on. A good business attorney will bring to light a lot of the risks in your…

Business Laws That Small Businesses Should Worry About

Posted by: on August 04

Suffice it to say, it would take several volumes to include all of the laws that pertain to business, particularly if you start including state, city, and county laws. There…

How to Hire a Lawyer

Posted by: on June 30

When it comes to hiring a lawyer, it’s better to be prepared than to be caught off guard. No business owner wants to begin screening law firms while dealing with…

Comply with Sarbanes-Oxley from the Start

Posted by: on June 29

If you are planning to raise outside capital or you plan to sell to the largest companies in the country, start being Sarbanes-Oxley-compliant now. SOX is the new rule book,…

Be Thrifty with Your Legal Dollars

Posted by: on June 16

Lawyers calculate their fees by adding up the time spent on your case, so make sure your lawyer is using your time wisely. One way to keep legal fees down…

Early-Stage Stock Still Attracts Top-Level Talent

Posted by: on June 15

Though stock-for-work is a less popular pay alternative these days, it still may be the only way that you can attract the level and quality of employees you need in…

The Importance of Correctly Classifying Independent Contractors

Posted by: on June 01

If you misclassify your workers, you can get into legal trouble with the IRS, state taxing authorities, and the misclassified worker. The IRS is interested in how you classify your…

Key Contracts for Small-Business Success

Posted by: on May 24

Without airtight, well-conceived contracts, businesses may be in legal jeopardy. Companies need to retain a lawyer and make sure that business agreements are comprehensive, carefully written, and protective. To see…

Who Owns Your Ideas?

Posted by: on May 16

If you came up with a great idea while working at your last job, your former employer may own it. You may have signed away your rights to it in…

10 Ways to Resolve Landlord-Tenant Disputes

Posted by: on April 28

Once you have decided to become a landlord, you will need to be prepared for disputes that will inevitably arise with your new tenants. Being prepared will help you avoid…

Finding the Right CPA

Posted by: on March 31

For even the smallest business, choosing the right CPA can be a major step toward minimizing taxes and maximizing profits. Here are five easy steps to make the process a…

Crafting a Privacy Policy for Your Web Site

Posted by: on March 29

If you require personal information from your users (such as e-mail addresses, home addresses, or credit-card information), you should let them know what you intend to do with the information….

Protecting Your Business Name

Posted by: on March 23

It starts with making sure the name isn’t already being used by a business that will be in direct conflict with your use. It’s important to remember that unless a…

Does Your Web Site Need a Privacy Statement?

Posted by: on March 14

That depends on what kind of Web site you have. If you require personal information from your users (such as e-mail addresses, home addresses, or credit-card information), you should let…

Put That Contract in Writing

Posted by: on February 28

Oral contracts can be as binding as written contracts. But without a written record, it can difficult to prove what you have agreed to. If your deal goes south, you…