LLA Esquires

Top 10 Common Questions Business Owners Ask

If you want specific advice there are a couple of business-related queries you should make, especially to identify whether or not your lawyer is well-versed in your field.

Questions might include:

What business structure should I select? – The first thing you’ll do when creating a small business is to determine its structure or entity. A business lawyer is a person best suited for helping you make that decision.
Both sole proprietorships and general partnerships view the business and the owner as the same entity, so if there are debts or legal issues, you would be held liable.
C Corps, S Corps, and LLCs help distinguish the business from the person so you don’t have to risk your personal assets should your venture fail.
Your lawyer will take a comprehensive view of your business and your plans and can help position you optimally. Doing so will impact how the business is owned, taxed, and managed.

How do I minimize risk? – Starting a small business is a risky enough venture without all of the additional perils you might face. First, your lawyer can assess your situation and look for the areas of greatest risk. Once they’ve made a thorough appraisal of the business, they can make suggestions for how you can best address or avoid those issues. Common ways to do this include:
Creating the ideal entity
Obtaining proper insurance
Obtaining necessary permits and licenses
Following the best hiring practices
Using thorough contracts
Complying with local, state, and federal laws
In all likelihood, there are employment laws on the books that you’ve never heard of. Ignorance won’t save you in a court of law. By asking questions such as these, you can ensure that you are compliant with safety regulations, anti-discrimination, or employment and termination laws.

How do I select my business name? – A name you select for your business is important, but many green business owners operate under the false assumption that they can simply pick any name and then start selling. There are state-specific rules and regulations about naming new business entities. In addition, you may need to worry about trademarks or naming mistakes (e.g., having a misleading statement in the name itself). A lawyer can help you research your options, search for availability, select the proper name, and then apply for rights of use.
Is my business currently operating in a legal fashion? – You might not know that you’re currently operating in compliance with local, municipal, state, and federal laws. There may be fees, permits, and licenses you must pay or apply for in order to operate legally. Failure to take such actions can result in:
Fines
Penalties
Legal liability
Business closure
By consulting with a seasoned attorney, you can establish that you’re currently operating within the boundaries of the law. If not, your lawyer can point out areas that require redress. In addition, laws and regulations are changed or updated regularly; therefore, you need a lawyer to apprise you of any such changes.

What do you look in a competent business lawyer?

Lawyers who pay attention to detail thrive in business law. Helping a company make policy, complete a filing, make a contract or come to terms on a business transaction often comes down to minute details. Lawyers who can focus on details flourish in a business law setting.

We are among those who walk the talk. Our attorneys have the academic training, first-hand experience and expertise to integrate the services for issues in international trade, labor and employment, tax and corporate practices, trademark and patents into one. We are capable of learning on the fly about your industry, operations, corporate culture and competitions.

Bodyguards protect you by your side. We protect you by your heart.

What to do when a key employee joins the competition?

A key employee resigns and joins a competitor. A confidentiality agreement has been signed. A noncompete agreement has also been been signed. But it seems that misappropriation of the former employer’s trade secrets is “inevitable?” The employee may have acquired the trade secrets properly and may use of those trade secrets for the competitor.

The Federal Defend Trade Secrets Act allows a federal cause of action for the protection of trade secrets, but provides no guidance on the “inevitable disclosure” issue, whereas Florida law remains unsettled. Employers may not rely solely on FUTSA or its federal counterpart for bullet-proof protection because they do not protect valuable information that does not rise to the level of trade secrets. Instead, Employers should consider using a covenant not to compete and include a clause that the covenant does not provide the exclusive remedy. Employers should even consider including, in the potential remedy section of a covenant not to compete, that the remedy is based on actual, threatened, and/or inevitable use or disclosure of valuable information and trade secrets.

Why do you need to avoid probate?

Probate is the court-supervised process of settling a decedent’s estate and distributing his or her property to heirs.All wills go through probate. Generally, in order to probate a will, the document is filed with the probate court, which appoints a personal representative to handle the estate’s affairs. The duties of the personal representative include paying estate debts, taxes, and fees; gathering the decedent’s assets; and eventually distributing the decedent’s assets to heirs according to the will.

The two main reasons to avoid probate are the time and money it can take to complete.

Probate is a court process that takes a long time. While an estate is in probate, the heirs will not see anything in the form of inheritance. The probate process can take even longer if the will or any provisions in it are contested. The court already takes a portion of the value of the estate to cover probate fees, but if a probate attorney also gets involved, you are looking at even more expenses, which only further cut into the heirs’ inheritance.

In addition, probate is a public process, which means all proceedings become part of the public record and anyone can go, search, and find information about the distribution of an estate’s assets—including their value and to whom they have been given.

Common Intellectual Property Questions On the Internet

Intellectual property is a complex subject, which makes it difficult to know where to start. Here you can find answers to some of the most common questions we are asked. If you have any other queries or you’d like us to expand on something, please don’t hesitate to contact us to speak to one of our experts.
What is intellectual property?
Will I own the intellectual property that I create?
What can I protect?
What is a patent?
What is patentable?
How long does a patent last?
How do I apply for a patent?
Which countries are covered by my patent?
Should I tell anyone about my invention before I apply to protect it?
What is a trade mark?

Can I do anything about an unfavorable decision issued by USCIS?

A. Yes, you may be eligible to file an appeal or a motion on an unfavorable decision.

An appeal is a request to a different authority to review an unfavorable decision. You may appeal certain USCIS decisions to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), an office within the Department of Justice. The BIA and the AAO are administrative appellate entities that have jurisdiction over different types of immigration cases. Your denial or revocation notice will provide information about whether the decision may be appealed and where to file your appeal.

A motion is a request to the USCIS office that issued the unfavorable decision to review its decision. With certain exceptions, you may file a motion to reopen or a motion to reconsider if you received an unfavorable decision in your case. You may file a motion even if your case is not eligible for an appeal.

Cart

Blog