Category: Business / Employment
Family Limited Partnerships
The Family limited partnership (“FLP”) has become an increasingly useful tool for planning larger estates. The FLP also has drawn plenty of attention from the Internal Revenue Service in recent years. Usually an FLP is created by an individual and his or her spouse (often… Continue reading
Staying Incorporated
Corporations are formed for many reasons, but perhaps the most common reason advanced by small business owners is to obtain the shield of limited liability for corporate obligations. With certain exceptions, liability for the obligations of a corporation is limited to one’s investment (capital… Continue reading
Collection — Get Your Money’s Worth (Anatomy of Successful Collection)
An entire industry has grown up around the collection of debts. In fact, this industry had gone to such extremes in the past (such as calling a debtor from the emergency room of a local hospital, telling him a loved one is injured, and then… Continue reading
Copyright – Work Made for Hire
When a company hires a consultant to develop software for its business, who owns the copyright to that work, the company or the consultant? The answer depends on whether (1) the consultant is considered an employee of the company or an independent contractor, and (2)… Continue reading
The Letter of Intent — The Letter of Intent
At various stages of a business negotiation it seems inevitable that someone involved in the transaction will suggest a letter of intent (“LOI”) to be signed by both parties to encapsule the terms of the transaction in an abbreviated manner. It is an effort to… Continue reading
Restrictive Covenants: Can You Compete?
As the business world becomes more complex, many of us must deal with the issue of legal restrictions regarding key employees leaving to join competitors or to start competing businesses. Such restrictions are found in a variety of agreements and are commonly referred to as… Continue reading
Mandatory Arbitration Agreements When Hiring New Employees
Many employers have been frustrated by the expense and risk involved in claims brought by employees for violation of their civil rights, age discrimination, race discrimination, sex discrimination, etc. There is a perception that jury awards for minimal (or nonexistent) violations have been excessive. Costs… Continue reading
Employment Discrimination: Employee/Employer Perspectives
Whether you are an employer or an employee, there may come a day when you are required to interact with the Equal Employment Opportunity Commission (EEOC). This article will discuss some basic information about employment discrimination and certain policies and procedures of the EEOC. The… Continue reading
Easements and Licenses
Suppose you grant your next-door-neighbor permission to erect a fence across the property line on your property in order to accommodate a tree growing on the property line. Or suppose a landowner allows another landowner to use a private road across his property in order… Continue reading
Buy Sell Agreements
A buy-sell agreement is a contract between business owners with the purpose of transferring an owner’s interest upon the occurrence of a specific event, usually death. It assures a smooth transition of the business interest (which may be a partnership, corporation or LLC for example)… Continue reading