UPDATE SINCE ARTICLE WAS WRITTEN: In a March 3, 2017 decision, the U.S. Court of Appeals for the District of Columbia Circuit rejected the NLRB’s finding mentioned below that FedEx Home Delivery drivers were employees. The court agreed with FedEx that the drivers were independent contractors and therefore did not have the right to union […]
Read MoreThe National Labor Relations Board (NLRB) has ruled that an employee who “likes” a comment on Facebook that disparages his or her employer is protected under Section 7 of the National Labor Relations Act. In its Triple Play Sports Bar & Grille ruling, the NLRB extended Section 7 protection to an employee who “liked” another […]
Read MoreWhen you’re starting or building a business, things can move very quickly. Entrepreneurs typically starting new ventures reach out to dozens of people who may or may not become part of the final company, to ascertain interest or recruit talent. Often, an entrepreneur will take part in a discussion about equity allocation in the new […]
Read MoreThe purpose of a trademark is to differentiate a company’s goods or services in the marketplace. A trademark also represents an intangible asset in the form of consumer goodwill that has been assigned to the company through its history. In the legal realm, the words or symbols chosen to represent goods (trademark) or services (service […]
Read MoreMany business deals get done on the proverbial handshake — an email exchange, a discussion on the golf course — but those types of deals could be the kiss of death for your company if they go bad and there is little documentation to back up what you thought were the terms of the deal. […]
Read MoreUnless you’ve been hiding under a bucket this summer, it’s likely you’ve heard about the ALS Ice Bucket Challenge. If you haven’t yet been called on to donate or douse yourself with a bucket of icy water, you’ve certainly seen the thousands of videos of people far and wide — famous and not — gasping […]
Read MoreEvery business owner makes the decision to assume some portion of risk when they operate their own business, but no one wants that potential risk to affect their personal wealth. Unfortunately, there are all too many business owners who neglect to implement the correct asset protection strategies to firmly separate business risk from personal wealth. […]
Read MoreOne of the first decisions an entrepreneur should be making is the selection of the right form of business entity. This is a critical decision because of its ongoing legal and tax consequences. Liability protection is the most important non-tax consideration in the business entity selection process. The business owner has to have a shield […]
Read MoreHow to Properly Structure a Founder’s Agreement for Your New Venture We are a nation of entrepreneurs, but we are also living in a litigious society, so if you are starting a new venture and there are other founders involved, a founder’s agreement is essential to protecting your fledgling enterprise. Here are some tips on […]
Read MoreChoosing the right type of entity for your business is a critical decision that can have long-lasting ramifications in terms of taxes and personal liability. It is not unusual for those starting a business for the first time to have some misconceptions about incorporation; here are the top five: Myth #1: Incorporation helps avoid state […]
Read MoreChances are if you are an entrepreneur, you have a little “issue” when it comes to controlling everything about your company — in other words, you find it hard to trust others when it comes to your “baby.” But unless you are an experienced business attorney, you probably don’t have the knowledge — and most […]
Read More