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Most Recent Questions in Legal Basics For Startups

Question added to topic Legal Basics For StartupsJuly 11, 2009

How can I ensure a general contractor pays me?

There are two parts to the answer: what you can do in this particular situation, and what you can do to prevent it from happening in the future. To the first point, the amount outstanding may... (more)
Question added to topic Legal Basics For StartupsJune 26, 2009

How do I ensure my invention idea is safe with the company I submitted it to?

Congratulations on having someone show interest in your invention idea. However, by doing so without having protected yourself with either a prototype or a confidentiality agreement, you have... (more)
Question added to topic Legal Basics For StartupsJune 26, 2009

Legally, what do I need to consider for a seasonal business?

The IRS takes the position that all income must be declared on all business activities, no matter how minimal. As with insurance, the issue is not the size of the operation, but the nature of... (more)
Question added to topic Legal Basics For StartupsJune 26, 2009

What should I do to protect my online advice column?

An important way to protect yourself will be in the form of disclaimers, especially if your advice pertains to any kind of professional matter (medical/health, legal, financial/accounting, etc.).... (more)
Question added to topic Legal Basics For StartupsJune 12, 2009

What rights does the founder of a non-profit have if he leaves the organization?

A founder of an organization does not, as a matter of law, have a specific right to continue to be recognized as such unless there are specific terms in the certificate of incorporation of the... (more)
Question added to topic Legal Basics For StartupsJune 4, 2009

Do I need a state and city business license for a web-based company?

According to the City of Las Vegas website (http://www3.lasvegasnevada.gov/Bus-license/), all businesses located within Las Vegas city limits need to have a proper business license. In... (more)
Question added to topic Legal Basics For StartupsJune 4, 2009

I got laid off from my full time job, can I collect unemployment if I have income from a small business?

Generally, if you have worked steadily for at least a year and lose your job, you may be eligible for unemployment. However, it should be clear that you lost your job for no grievous fault of your... (more)
Question added to topic Legal Basics For StartupsMay 8, 2009

How do we setup a royalty agreement with a vendor?

How should you write the consignment agreement? You shouldn't. Find a lawyer who understands these kinds of royalty agreements and let her do it. The reason, as you've no doubt found, is that the... (more)
Question added to topic Legal Basics For StartupsMay 7, 2009

How do I handle an employee who retaliated for a change in pay practice?

Sometimes it is best to simply allow your attacker to have enough rope to hang himself. You do not want to lower yourself in the professional setting and you do not want to be labeled a whiner.... (more)
Question added to topic Legal Basics For StartupsMay 2, 2009

Should the board of directors of a non-profit keep detailed executive minutes?

Minutes of the meetings of the board of directors are an important part of good not-for-profit governance. The absence of minutes concerning a significant decision or insufficient minutes can... (more)
Question added to topic Legal Basics For StartupsMay 2, 2009

Do shareholders need to approve a stock transfer between company directors?

Under most state laws, shareholders have the right to approve (or disapprove) any and all ownership transfers. If the company has multiple classes of stock, the shareholders' agreement may specify... (more)
Question added to topic Legal Basics For StartupsMay 2, 2009

Do I need business liability insurance or can I have people sign a liability disclaimer?

With few exceptions, there is no requirement in the law that you must have insurance to cover your business activities. On the other hand, for most businesses, you would be foolhardy to go into... (more)
Question added to topic Legal Basics For StartupsApril 16, 2009

What do I do if my business name is already taken?

You can ask another company to transfer their name to you...but unless you have a carrot (money) or stick (a strong legal basis for a lawsuit) to offer, you won't likely get very far.... (more)
Question added to topic Legal Basics For StartupsMarch 19, 2009

How can I get a company with the same name as mine to halt operations?

Assuming the business that's using your exact name is also based in Ohio, you have a legitimate gripe. One of the important reasons for registering business names is to ensure that the general... (more)
Question added to topic Legal Basics For StartupsMarch 6, 2009

Do I need a PLLC?

While a PLLC can't shield you from malpractice, it can shield you (personally) from other kinds of lawsuits and judgments. For example, if a patient comes into your office, trips over a chair, and... (more)
Question added to topic Legal Basics For StartupsMarch 6, 2009

Are there restrictions on buying movies/video games with the intention of renting them?

Buying a movie or video game with the intention of renting it is most likely a violation of the license agreement that accompanies these products. Whether it's included as a separate sheet (you... (more)
Question added to topic Legal Basics For StartupsFebruary 13, 2009

How long does the patent process last?

Patents are their own, strange animal within the intellectual property family. It takes specialized knowledge to write a successful patent application. While there are non-lawyers who are... (more)
Question added to topic Legal Basics For StartupsJanuary 24, 2009

When a partner resigns from an LLC, what can that partner do to remove liability from the lease?

Good luck. In this real estate market, landlords will want to keep as many deep pockets as they can find on the lease. The landlord is not obligated to release you from the lease, because your... (more)
Question added to topic Legal Basics For StartupsJanuary 24, 2009

Can seasonal self-employed people collect unemployment?

Generally, self-employed people cannot collect unemployment. Unemployment is available to those employees who are fired from their jobs. Seasonal work is akin to project work -- you were only... (more)
Question added to topic Legal Basics For StartupsJanuary 24, 2009

Is a severance package with an attached non-compete clause legal?

Generally, you can't get something for nothing. If it's part of your employer's regular policy to offer severance pay, your employer is not "sweetening the pot" in any way and you have no... (more)
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