Legal Articles For Entrepreneurs & Small Business Owners

Trolls Love Vague Patents, Friendly Courts

“If you grew up anywhere in Texas, you knew at an early age they was selling somethin’ out there – and it wasn’t poultry! – Deputy Fred, “The Best Little Whorehouse in Texas,” Universal Pictures, 1982 There are a lot of things to like about Texas – the people, the space, the open skies, the [...]

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6 Ways To Minimize the Impact of Divorce on Your Business

Family law attorney Jennifer A. Brandt, writes in Fox Business Small Business Center about how divorce affects not just the relationship of those involved but also the business, if one of the spouses is a business owner.  The emotional agitation a party to the divorce undergoes can have a negative impact on the business as [...]

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A Good Patent is Good, a Great Lawyer is Even Better

“It’s a dangerous business, going out your door. You step onto the road, and if you don’t keep your feet, there’s no telling where you might be swept off to.” – Bilbo, “The Lord of the Rings: The Fellowship of the Ring,” New Line Cinema, 2001 A friend and his partners recently received the first [...]

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Best Time to Incorporate

The Best Time to Incorporate The best time to incorporate for almost any business owner is when: They first start the company When an existing Sole Proprietorship or General Partnership starts earning revenue or has any interaction with the public. The company operates in a highly litigious industry. For example, construction, consulting etc. You want [...]

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How to Avoid Employee Lawsuits? Tips for Small Businesses

“Employers being sued” is the bottom of the stories at the time. Workplace disputes are rising dramatically around the globe. There is no single region which we can ignore while studying about the employee lawsuits and legal compliance. However, there are managers that never had the bitter chance of experiencing such cases. Their employees never [...]

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The Role of a Lawyer in a Business for Sale

Some business buyers buy a business on their own.  That is fine, considering the availability of legal business forms and templates.  Others, like you, are wiser and more cautious.  You want to lower your risk by hiring professionals, which could include a business lawyer, an accountant, a business broker and a property appraiser.  They each [...]

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How to Protect Yourself and Your Business from Being Sued

Jennifer K. Halford, Esq. in her blog enumerates mistakes commonly made by business owners concerning lawsuits.  She gives tips on how to avoid irreparable consequences of lawsuits.  A lawsuit is very damaging to the business and may be even to your personal assets.  Litigation is costly and time-consuming.  Protecting yourself from being sued starts in [...]

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Partners Should Put Their Business Agreement in Writing

Ann Logue in an Entrepreneur.com article advises partners in a start-up business to put the terms and conditions of their business relationship in writing.  This should be done before your open the doors for your business.  The agreement should cover each party’s roles, responsibilities and obligations.  Changes in the business and in its ownership should [...]

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C-Corp, S-Corp, or LLC?

How Do I Decide Which Entity To Go With? This is probably one of the most frequently asked business legal questions of all time: which entity should I organize by business under and why? Well, it depends (typical attorney answer). Business owners organize (formation of entity) for tax and liability purposes. For the typical small [...]

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Subway Franchisor Not Liable for Uninsured Franchisee Employee’s Claims

The Kentucky Supreme Court overturned an appellate court’s ruling providing disability benefits to an employee of an uninsured franchisee.  The court also said the state law doesn’t apply because the franchisee “did not perform a regular or recurrent part of (Doctor’s Associates’) business.”  Subway’s franchising agreement required franchisees to maintain coverage for workers compensation claims [...]

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Franchisee and Pizza Hut Legal Battle Continues

Larry Lundy whose franchise was ranked among the 100 largest minority owned businesses in the United States in the 90s is facing storm after storm in his business.  In 1999, he was diagnosed with leukemia and while undergoing treatment, his franchise stores was mismanaged by the staff.  As he got better in 2004, things started [...]

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Tips on Preventing Franchise Disputes

If businesses don’t work out as expected, stakeholders have the tendency to look for someone to blame – this scenario is common when it comes to franchising.  Catching and addressing the dispute early on will prevent a full-blown litigation.  Andrew Caffey provides tips on how to prevent franchisor-franchisee disputes in the following AllBusiness.com article. One of the most [...]

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Legal Battle Not Stalling Pizza Hut’s Expansion

Pizza Hut filed a lawsuit against Lundy Enterprises, a corporation of Larry Lundy who owned 44 Pizza Hut restaurants, for royalty payment default.  Lundy counterclaimed that “Pizza Hut imposed unfair credit terms, refused his restaurants the chance to offer new products available in other markets and, over time, opened independent stores that became his competition”, according [...]

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Franchise Law: Franchising Law & Franchise Law Firms

Equal Protection Under the Law Laws are generally in place within a society to provide protection for the citizenry.  There are many areas of law, with criminal and civil as the two main categories.  However, there exist many subdivisions and specialties within each class, and legal experts in one discipline may not know a great [...]

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E-2 Visas: What is a E-2 Visa?

Investing in the United States from Overseas Depending upon the state of the U.S. dollar and its relative value against various foreign currencies, overseas investors may find that putting their money into U.S. investments will grant them a very favorable rate of return.  For foreign nationals who wish to take this path, the U.S. government [...]

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Franchise Attorneys: Should You Hire a Franchise Attorney?

Protection for Franchise Buyers Once you have decided that buying a franchise is the right business move, and after you have done proper due diligence to choose a field or industry to enter, it comes time to wade through the vast amounts of paperwork supplied by the prospective franchisors.  Few people are able to do [...]

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Business Insurance – The Importance of Business Liability Insurance

Personal Liability We all have responsibilities when it comes to living in a society.  If you own a home, you must maintain it properly to avoid affecting the value of other properties in your neighborhood.  If you drive a car, you must operate it in a reasonable manner to make sure you are putting no [...]

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How to Get Your Inventions Patented and Sold

The Crux of an Idea There is an old saying that goes, “The world will beat a pathway to your door to buy a better mousetrap.”  The opportunity to cash in on an invention is one of the top dreams an entrepreneur can have.  All it takes is thinking up something useful that no one [...]

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How to Buy an Accounting or Law Firm

So you want to buy an accounting or law firm?  There are many details that you will need to attend to in order to take over a law firm for sale or other type of legal business for sale.  Locating a CPA firm for sale or accounting companies for sale can be quite a challenge.  [...]

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What Is a Trademark Search?

A trademark search can, in actuality, be many different things. In theory, a trademark search is performed to determine whether or not the mark you are hoping to use is already taken by another. This allows an individual to apply with a greater level of confidence for the use of a trademark with the United [...]

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