After you form a limited liability company, the first thing you should do is draft an operating agreement. And if you’ve already formed a limited liability company or you’ve already formed any kind of entity, you want to draft the equivalent of an operating agreement, as an internal document among co-owners.
Jason White
Is there an acceptable policy for applicant screening for criminal background checks according to the EEOC?
As discussed in the EEOC and other labor industry information below, it is possible to develop acceptable policies and procedures for using criminal background checks in the applicant screening process without violating hiring discrimination regulations. However, due to the general complexities and legal risks, we always recommend that our members consult their business labor lawyers in order identify the federal and state labor laws applicable to their employees and businesses and to develop hiring and other personnel policies and procedures that are legally compliant.
Using an Attorney in Negotiations
Negotiations are an area where small businesses often call for help from an attorney, but the decision to let an attorney handle negotiations can be tricky. So how do you know whether to let your attorney negotiate on your behalf or just be a sounding board to provide you with guidance?
Telemarketing Laws?
From a general business perspective, the law varies between private consumer numbers and business numbers. For example, you can make business marketing calls to business phone numbers in published directories (print, online, etc)
How do I search and file a patent?
A patent for a product or business process invention is the grant of a property right to the inventor. Patent protection prevents others from using a product or business process invention for commercial purposes without the permission of the inventor. As explained the information below, there are two basic types of patents – “A design patent protects only the ornamental appearance of an invention, not its utilitarian features. A utility patent would protect the way an article is used and works”.
Is there a way to switch from a C Corporation to an S corporation or LLC?
C corp to S corp conversion: An S corp is a tax status election only, so converting from a C corp to an S corp is a fairly simple process. An S corp is created by forming a subchapter C, or regular, corporation with the state and then electing subchapter S corporation tax status for the corporation by filing Federal Form 2553 with the IRS. A business can also operate for a period of time as a C corp before it elects for S corp tax status.
Intellectual Property Awareness
What happens if you’re trying to do business on a national or global level? One thing is certain. You’re going to have intellectual property issues to deal with. And you may not even realize that these issues exist. Here are a few things to think about in determining whether you need outside help.
Why People Don’t Seek Legal Counsel
Many people who are in a situation where they could really use legal counsel choose not to get it. There are a number of reasons for this, including personality, intimidation, and cost concerns. Managing these issues will help you determine whether you need to seek outside help.
Traps with Self Help
Small business owners are naturally do-it-yourselfers, and that instinct can spring up when legal issues arise. While there are plenty of self-help books and websites available that promise to save dollars in the short term, this can be risky. You have to know which resources to trust, and which to avoid.
Setting Expectations with Your Attorney
When you hire an attorney, you need to make sure that everyone involved understands how fees will be handled. You have to manage expectations so that there are no surprises for anyone. It can be an expensive service, so know what you’re getting and what you’re paying for it.
