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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...