What Do You Need to Start a Small Business? In some cases you may need to hire a small business attorney and in some cases you may not. It's probably always a good idea to speak with a small business attorney before starting a business, however there are some times when you may be able to get away with not doing so. An instance you may not need to consult a small business attorney is if you are starting a Read More
How To Find An Attorney To Represent Your Small Business When You Have Been Sued
How to Find an Attorney Of course, as a small business owner one of the relationships you should form early on is one with a small business attorney. But, if you need to figure out how to find an attorney, then you can follow one or more of these steps: 1. Ask Around. You can ask for recommendations from (1) other business owners; (2) professionals, such as your insurance broker, accountants, bankers and others Read More
Legal Forms: A Good Idea for Small Business Use?
I am running across more and more small business owners who have declared to me that practicing law is a matter of completing legal forms. Well, sort of. What these small business owners are missing is multi-fold: 1) There are plenty of legal forms on the internet and elsewhere, but part of the issue is knowing which legal forms to complete. 2) The form you may think you need may not be the correct form at Read More
Employee Handbook Pitfalls; Small Business Owners Beware
An employee handbook is an important part of making sure your small business runs smoothly. Once you start to bring on employees, an employee handbook should be drafted, maintained, and updated to reflect your current policies as well as those required by law. When reviewing an employee handbook for a small business client, I often see provisions included that, although are mandated by law, are not applicable Read More
To Trademark or Not to Trademark Your Small Business Name
Although a trademark can be an essential element of your small business assets, is it really necessary? I have clients that get advice from people that ends up to be all over the map. The reality is that if you want to file for a trademark, sooner is typically better than later. This is for the simple fact that if you wait until your brand becomes wildly popular before perfecting your mark, you may be in a Read More
Is Trademark Registration Required to Protect Your Business Name?
In short, a trademark registration is not required, but is often helpful in your quest to protect your brand. A trademark can be obtained for a word, a phrase or a design, think logo, that is unique to your product or service and identifies that product or service as associated with your business. In the United States, you automatically get protection when you use a word, phrase or design that is used in connection Read More
Attorneys’ Fees Provisions in Your Contracts, Should You or Shouldn’t You?
Attorneys' fees provisions in contracts can be tricky. The general rule in California, each party takes responsibility for his or her own attorneys’ fees unless the parties agree otherwise, although some "specialty" rules exist that reallocate payment of attorneys' fees or mandate “fee shifting.” Generally, the attorneys’ fees provision in a contract will read something like: The prevailing party in any action or Read More
Will a Trademark Protect Your Business?
When is the right time to trademark your business name? You worked long and hard to come up with a catchy name for your business, now how do you protect it? Perfecting a trademark can be an important part of your asset and intellectual property portfolio. As your business grows and you become more well known, your protections will become more and more important. These protections can lie in many areas including Read More
If You Are Lacking the Proper Business Entity You May Be At Risk
Why operate your small business under the proper business entity? In short, it depends. It depends on your goals and those of your small business, but don't worry, when you work with the right business lawyer, all that will be fleshed out with you. You should note that the best entity for you and your company may be different than the entity recommended to one of your competitors or someone else in your line of Read More
