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One of the first steps in any business venture is for the founder to form a business entity separating their personal assets and liabilities from the business assets and liabilities of the new company. Without this separation, all of a founder's personal assets would be at risk to creditors of the business, but with the separation and absent other factors, creditors of the business can only look to a business's assets to satisfy its debts. Read More »
Entrepreneurs wear many hats, from providing a quality product or service to managing employees. New employers frequently expose themselves to liability when they think that ignorance is a defense that they can use if an employee files a lawsuit or makes a claim. While the law penalizes knowing and willful violations, it does not provide a defense for mere ignorance. As a result, employers must understand their obligations under the law. Read More »
All types of business from startups to multinational conglomerates regularly enter into service agreements for the procurement and delivery of products or services. Minimize the likelihood of significant, long-term liability by carefully negotiating new Statements of Work within the broader context of the scope and effect of existing Master Services Agreements. Read More »
As an employer, you will interview a whole host of applicants to find the "one"-the perfect individual to fill a job opening. Just as in the world of dating where one bad question or one inappropriate comment can ruin a date, the world of interviewing is just as sensitive. Read More »
When the world's greatest athletes compete in the Olympics, these athletes must follow a strict set of rules to prevent deductions and disqualifications. When employers compete for the best candidates in the marketplace, they too must follow a strict set of rules to avoid being "dinged" by a lawsuit. Read More »
Few people actually remember all those pesky grammar rules we learned in school. But you can bet that a company in Maine will not be forgetting its comma rules anytime soon. Read More »
Starting a business is not always simple. Being an employer carries with it a number of obligations and it is important to know the ropes prior to even hiring your first employee. Read More »
On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law, creating a federal claim for misappropriation of trade secrets. Read More »
Issuing new shares can help a startup bring in new investors who infuse the company with much needed capital or attract skilled employees who provide the necessary skills, expertise and leadership to help grow the company. However, issuing new shares means that the founding owners will give up some of their potential economic gains and control. Read More »
Broadly speaking, there are three major ways for a start-up company to generate money to keep its business growing. While each of these approaches benefits and drawbacks, this post explores one common debt security called the convertible note. Read More »
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