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This article is a companion piece to a prior article which detailed the advantages and disadvantages of using equity financing to fund your small business or startup. The article linked here focuses on the other part of the capital structure,...
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Small businesses and startups in need of capital need to decide whether to pursue debt or equity financing. This article begins a series exploring the various tradeoffs involved in this choice by detailing some of the advantages and...
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This article shares information about a new contest in the Seattle area for small businesses. The contest, called Spark Business, focuses on participating startups' levels of engagement in social media networks. The article looks at the...
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This article summarizes and shares information about three web-based resources which help small businesses find funding. The article provides details about the types of services the resources provide, the information for which the resources ask...
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Small businesses were hit especially hard by the recent recession and credit market turmoil. This article points optimistically to data which indicates that small business hiring and revenue has continued to increase in recent months, although...
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This article reviews accounts of a gathering of small business owners as a part of National Small Business Week 2012 and shares some of the common concerns small business owners have about their immediate futures. The article details three...
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When starting a business partnership (or similarly structured business), this article points out that it is best to plan for how to handle matters when things go bad up front; after all, circumstances change, and many bitter partnership disputes...
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This article continues a series which puts forth general advice about HIPAA compliance; this particular article focuses on administrative requirements for keeping your business in compliance with the statute and its rules. It also notes that...
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The Health Insurance Portability and Accountability Act (HIPAA) is a privacy statute which applies to certain health information. This article provides a primer on the basics of this statute to businesses who might be covered by HIPAA. It...
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In light of the changes to federal securities laws made by the JOBS Act, a new organization has been created for those expert and interested in equity crowdfunding. This article examines the formation of this organization, what it hopes to...
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This article notes a decision in the Oracle v. Google copyright infringement litigation which was nominally in favor of Oracle but in reality did not move the needle all that much. The article points to the mixed nature of the decision and...
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America's persistently high unemployment (relative to its historical norms) has been a vexing policy question for economists in Washington (and, really, around the globe). This article looks at small businesses' contributions (or lack thereof)...
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Revocable living trusts have surged in popularity as an estate planning tool in recent years. This article explains what these trusts are, why so many people use them to manage their estate and points to important benefits both you and...
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One of the effects of the recently-passed JOBS Act has been to increase speculation about what the future of startup investment will look like. This article points to a recent survey which indicates that things might not change all that much...
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Why should you and your business go green? As the title of this article implies, there are more reasons to do this than just environmental consciousness; the article points out a number of other reasons to run an environmentally aware business,...
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This article continues a series analyzing the utility and risks of series LLCs, a relatively new form of entity. This particular article continues analyzing how series LLCs might be treated in bankruptcy (since their legal treatment at that...
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What is a reseller permit? What does it allow your business to do? If transacting with a counterparty which has a reseller permit, what are your business's obligations? This article focuses on the rules surrounding reseller permits...
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This article continues a series analyzing the utility and risks of series LLCs, a relatively new form of entity. This particular article continues an analysis of one prominent risk of this entity (how courts will treat the various series...
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One of the goals of the recently-enacted JOBS Act was to strengthen the ecosystem on which startups rely when they are growing into self-sufficient companies. This article notes further efforts in that direction, as the Senate Small Business...
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As the length of time between the proposal of a crowdfunding exemption in Congress and such an exemption becoming law demonstrates, many people felt strongly both that a crowdfunding exemption would be beneficial and that it would ultimately harm...
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This article continues a series looking at the rise of Series LLCs, a variant on common LLCs, as well as the risks accompanying the use of these business entities. This particular article focuses on one of the risks of operating within a Series...
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While your startup's success is the product of a number of factors directly under your control (devising a good business plan, sweat equity and so on), one of the factors which will influence whether your business succeeds or fails is location. ...
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This article informs the structure of developing a plan for your business by encouraging you to ask two important questions. The first question revolves around determining who you are, and involves figuring out what you want your business to do...
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This article begins a series analyzing a new type of limited liability company available in Delaware (and elsewhere): the Series LLC. It explains what exactly a Series LLC is, how a Series LLC differs from a traditional LLC and reviews...
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This article begins by explaining what a trademark is, how to register one and why and when you might want to register one of your business's trademarks. It then provides ten tips for protecting your company's trademarks from dilution,...
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This article relates to the copyright implications of works created by independent contractors; or, as such works are more commonly (legalistically) known, works made for hire. The article acknowledges the general rule of copyrighted works (the...
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As a cash-strapped startup or small business, using an employment agreement found online can be tempting. Even though there are good reasons to have an attorney review such an agreement prior to use, this article seeks to assist the self-help...
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Many of the best business ideas won't be able to get off the ground without the proper space to house the business. This article aims to assist business owners (or their representatives) in finding the right space, as it provides a guide to...
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Although partners embarking on exploration of a business concept often don't like to think about the termination of their partnership, addressing this up front can prevent headaches later. This article explains how a Buy Sell Agreement can...
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Entrepreneurship can be an emotional roller-coaster, especially to first-time entrepreneurs or people who have yet to truly see one of their ideas grow into a successful business. This article shares a study of a number of startups and...
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This article continues a series on LLC operating agreements by focusing on certain scenarios involving the transferability of LLC membership interests. The article provides examples and scenarios of how default corporate law rules and...
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This article shares the story of the rise and fall of the 40-hour work week, and expresses encouragement and optimism for its return. The article examines several reasons why working less can improve productivity and quality (both of work and...
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This article provides details and policy opinions about a plan recently proposed by the Office of Federal Contract Compliance Programs (OFCCP) which would require federal contractors and subcontractors to have a certain percentage of disabled workers...
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Legal theorists commonly say that the corporate structure (and most any form of business association) is rife with the potential for agency problems. This begs the question--what is an agency problem? This article explains what these...
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Partnerships are conceptually much simpler than most other business forms (sole proprietorships represent an obvious exception). As this article explains, however, simplicity does not mean that you should not follow best practices when forming...
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This article continues a series on drafting clear and concise contracts with a focus on contractual organization. The article explains how a thoughtfully organized contract is often easier to read than a relatively slipshod one, and provides...
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The recent sharp recession caused businesses to turn to independent contractors in lieu of employees to a much greater extent than they had prior to 2008. This article examines some best practices around using these very valuable and flexible...
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Your startup will have a lot of competition, both from within your industry and from competing attractions for your customers' money. Standing out from both types of competition will require innovation; this article shares four different ideas...
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One advantage which small businesses have over their larger competitors is that it is relatively easier to adapt to changing trends and technologies. This article provides three ways in which small businesses can use technology to improve legal...
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The Seattle Supersonics moved to Oklahoma City in 2008; now, however, the possibility of another basketball (and hockey) team in Seattle has been rumored in the sports press. This article examines what the economic impact of a new basketball...
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Venture capital firms are a popular source of funding for very high-potential startups. However, venture capitalists are extremely picky about the types of businesses in which they invest. This article compares C-corps, S-corps and...
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Many small businesses and startups are based in their founder's home office, especially at first. However, there are alternatives to this arrangement which are still workable for a budget-strapped fledgling business. This article examines...
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A recent Washington (state) law will shut down state liquor stores and privatize sales of liquor. This will, then, force distilleries selling in Washington state to change how they distribute their products. This article examines the...
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A crowdfunding exemption to the federal securities laws, if passed, promises to be the most significant legal change to startup and small business capital raising in some time. This article details what such an exemption could mean for your...
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This article continues a series analyzing common provisions and concepts in LLC operating agreements. This entry in the series focuses on exit strategies. Although it might be counterintuitive to think about exit at the time you are...
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Although credit remains tight for any type of business, studies have shown that minority-owned small businesses and startups are even less likely to receive capital. This article highlights some creative, non-traditional sources of capital,...
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This article surveys the various legal issues involved in access to and rights over your digital accounts (such as e-mail, Facebook, and Twitter) when you die. The article examines the roles of federal legislation, individual websites' and...
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This article continues a series which focuses on tips to draft clear and concise contracts. This particular entry in the series focuses on the use of personal pronouns. The article advocates the use of personal pronouns (such as "you" and...
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This article examines a different way of running a business--the worker cooperative. The workers in a worker cooperative both own and manage the business. The article explains how workers join the cooperative, their use in the United...
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Entrepreneurs and small business owners are often experts in growing businesses; they are rarely experts in handling the variety of human and legal issues surrounding managing human resources. This article examines options for outsourcing your...
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Limited Liability Companies (LLCs) are appealing to groups forming a business venture for many reasons; one of these reasons is the flexibility LLCs provide. As this article explains, LLCs allow members to specify by contract the rights members...
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The American tax code is extremely complex, and an attorney familiar with it can likely unlock significant tax savings for your business. However, being familiar with important provisions yourself can increase the post-tax profitability and...
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This article delves into the motivations for small businesses in classifying workers as independent contractors, and highlights state and federal efforts to curtail employer abuses in this area. The article also highlights a federally-sponsored...
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This article highlights an encouraging development for small business owners--according to one prominent index, small business lending has reach its highest level since August of 2007. The article looks at this information and other data from...
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One of the major hurdles in shepherding your business idea to success is letting people know just how great your product or service could be in their lives. This is where marketing comes in; often, it can be tempted to try marketing campaign...
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Limited Liability Companies (LLCs) represent a hybrid between corporations and partnerships; as such, their rules are often similar to one or the other but in total are unique to LLCs. This article reviews how distributions and allocations work...
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This article highlights the growth and importance of microenterprises in communities and cities across America. The article also examines the role Microenterprise Development Organizations (MDOs) play in helping these extremely small...
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Your attorney will often have a great deal of experience in negotiation. This article explains one approach many lawyers (and others) use in negotiation: principled negotiation. The article highlights the four fundamental rules for...
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A noncompete agreement can protect your business from a great deal of damage which a departing employee can cause. This article details this and other benefits of non-compete agreements, and explains how to draft a non-compete agreement such...
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While conveying ideas clearly and/or persuasively is a lawyer's stock in trade, expressing oneself clearly is important in business as well. This article about improving the clarity and concision of contracts by avoiding run-on or otherwise...
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In the wake of widespread outrage and internet blackouts (and other protests) by several leading internet companies, many prominent Congresspeople who once supported SOPA indicated that their positions on the bill had changed. This article...
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This article highlights two important news items relating to the battle against intellectual property piracy on the internet. The news items highlighted involve the Department of Justice's charges against Megaupload.com and the apparently...
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America is innovation-rich but (given our appetite) relatively oil-poor; as a result, governments at both the state and federal level are incentivizing businesses to become more energy efficient. This article highlights a number of ways in...
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The recent media firestorm over the Stop Online Piracy Act (SOPA) has impacted the bill's progress through Congress. This article reviews the impact of several of the bill's sponsors in the House and Senate (which has an analogous bill, PIPA)...
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You've reached the point where you've decided to implement your exit strategy. You're going to sell your business. How can you get the best price for the business you've worked so hard to make valuable? This article provides tips...
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The Stop Online Piracy Act has caused a firestorm of controversy, as major technology and internet companies argue that the bill, if passed, will stifle the creativity and freedom of the internet. This article highlights news which calls into...
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Incentive stock options are a common way for cash-strapped startups with upside to lure talent, as they allow that talent to share in the future success of the fledgling company. This article reviews the legalities surrounding incentive...
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This article highlights three ways to grow your business--franchising your business model, licensing your trademark, and allowing someone to open a similar version of your business (with a different name). The article focuses on the...
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Most contracts speak of "representations and warranties," which basically speak to the parties' understand of each others' capabilities to perform the agreed-upon contract. Most law students, and many (possibly most) practicing lawyers, could...
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Financial services giant Bank of America has had a rough year (or, going back to the financial crisis, a rough few years). This article highlights a recent move by Bank of America which could further tarnish its reputation--the bank is...
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Small business owners planning the disposition of their estates often review (with the help of their attorney) a bewildering amount of variations on the concept of a trust. This article seeks to demystify trusts, beginning with an overview of...