Contracts

Do you Have an Exit Plan for your Small Business?

October 18, 2010

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On October 1, 2010, Gallup released a poll which found that nearly half of all small business owners may never retire. Incredibly  nearly half, 47%, of small-business owners now plan to never retire until forced to do so for health reasons — up from around 40% in 2007. Small business owners are also saying that [...]

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Do Lawyers Actually Read Boilerplate Contracts?

October 1, 2010

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Whether you rent a car at Avis, purchase a KLM ticket to Amsterdam on Expedia or buy a new Ferrari 612 Scagletti from your local car dealer, you have probably encountered a boilerplate or an adhesion contract.  You probably don’t read boilerplate contracts.  But do lawyers actually read boilerplate contracts?
David Lat, writing in Above the [...]

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Note to Small Business: There is no Lawsuit Plague

September 27, 2010

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Mark Henkins, writing in bnet.com puts forth a persuasive rebuttal to the argument that our current “litigious” climate has produced an avalanche of frivolous lawsuits that have hurt small businesses.
According to Mr. Henkins, the rhetoric espoused by this view goes like this: “Lawsuit abuse that clogs our courts and raises the costs of goods and [...]

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What you need to know about Supplier Agreements

July 12, 2010

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A good supplier agreement is to designed to keep you out of court. It can also help you win a lawsuit if there is a dispute. If you have an ongoing relationship with a supplier, a well-drafted agreement is crucial. One especially thorny issue is creating a way to easily end a contract.  If you [...]

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Do you Know When a Motion to Dismiss Should be Made?

May 19, 2010

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You know that litigation could be expensive.  If your attorney is a Linchpin he will always present an analysis of the costs of defending a lawsuit to you.  Great attorneys are often able to limit the costs of litigation while continuing to defend you aggressively. Bad attorneys make lots of money by drafting unnecessary motions.
Some judges [...]

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Employer Misclassification May Become a Crime

April 29, 2010

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I have written extensively about the potential problems employers can have by misclassifying their workers as employees.  The IRS has been cracking down on companies that try to pass off regular employees as independent contractors. It now may become a crime.
Congress is about to act on a bill entitled the Employee Misclassification Prevention Act that would [...]

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LLC Operating Agreements, Bacardi and Brothers & Sisters

April 12, 2010

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In an LLC, a family council created in the operating agreement is designed to assist decision making on important issues for the family and the business. This can include unique issues for running the family business. If you watch Brothers &  Sisters (I don’t, but my wife is addicted to the show) you know what [...]

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New York Tech Community Looks to Repeal LLC Publication Law

April 7, 2010

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Crain’s New York Business reports that members of the group of New York Tech Meetup are working to repeal the law that requires companies to pay a publication fee to form a New York Limited Liability Company (LLC).
Publication fees range from $1000 to over $2000 and are a burden on many start-ups. The rates depend [...]

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Wage Garnishment: The Hidden Danger of Credit Card Default

April 5, 2010

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The New York Times reports today that more struggling borrowers are facing wage garnishment than ever before. Because many credit card borrowers decide not to defend their case in court, creditors can win big judgments in court.
I recently wrote an article outlining what you should legally do if your wages have been garnished. You should [...]

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