What Entrepreneurs Should Know About Business Law

Having a basic understanding of business law is essential to ensuring that a startup will operate smoothly. This knowledge will also assist in the avoidance of many commonly accidental legal mistakes made by small businesses. Here are three situations where some legal knowledge can come in handy:

Choosing A Company Structure

It is important to do a risk assessment and determine if it is best to incorporate, become an LLC (limited liability company), or remain a sole proprietor. Different legal structures give companies different legal protections.

A sole proprietorship is a company that may have a different name than its owner, but it is not considered a separate legal entity. Many entrepreneurs choose this formation because it is the simplest to set up; however, if any taxes are owed or lawsuits held against the company, the owner is considered to be just as responsible as the startup.

Corporations are their own entities and raise capital by selling shares of stock. These stockholders in turn are then partial owners. Incorporating, however, can have tax consequences that can be avoided by forming an LLC instead. LLCs do not sell stock, so they must raise their own capital; however, they pay less than comparable corporations do in overall taxes. Having some business law background can help you determine which structure best suits your needs, as well as the needs of the company.

Drafting A Founder’s Agreement

It is crucial to draft a legal agreement that benefits all parties when there are multiple co-founders involved. There are many business law topics that should be addressed, including, but not limited to, a breakdown of the percentages of ownership, everyday responsibilities in the organization, and how shares or ownership stakes will be broken down if any of the founders were to leave or be removed (and what would constitute such removal). If your business is a corporation, the price per share should also be addressed.

Tax Obligations

Tax law is an important facet of business law. Having a keen knowledge of your tax obligations will save you some headaches when planning throughout the fiscal year. Taxes are unavoidable, and since every company has to pay them in some form to the nation, state, and to social entities, it is important to know which obligations apply to your company. That is why it is a good idea to have a basic understanding of your state’s requirements as they apply to your legal business structure. Understanding what you are responsible for can be immeasurably helpful.

Entrepreneurs must be mindful of all the associated risks that come with launching a new company. A knowledge of business law goes a long way towards ensuring that all appropriate, legal obligations are being met. Many times, startup owners think that they will learn the legalities as the company progresses, but once things become hectic, many legal issues may be overlooked or forgotten. Remember, knowledge is power. If you are not sure of something, it is always best to consult with an attorney.

To learn more about their options for business law, Sacramento residents should visit http://www.bpelaw.com/business/.

Article Source: http://EzineArticles.com/expert/Abraham_Avotina/663190

 

Tips For Choosing The Best Small Business Attorney

Many entrepreneurs feel that hiring a small business attorney is an unnecessary and intimidating process. However, they soon find out that bringing competent legal counsel on board is far from a waste of time. These professionals are specially trained to assist with business formation, tax issues, intellectual property matters, and so much more. But what should you look for when shopping for experienced counsel? Here are three things to consider.

Affordability

Most entrepreneurs who are first starting out are most concerned about cutting costs until the company turns a profit. That is why many of them shy away from hiring lawyers, who are notorious for charging heavy fees for their services. However, it is important to understand that most lawyers charge an hourly rate, and you will not be billed a flat fee just to have them on retainer. Still, you should try to find a small business attorney who will work within your budget when you are just starting out.

Also, for that money, you are getting counseled by someone that has expertise and extensive training in complex legal matters that you may not be able to handle alone. And they have enough day-to-day knowledge to take care of your paperwork and filings quickly and efficiently, freeing you up to run your company.

Understanding

As a start-up, it is crucial that you hire a lawyer who not only specializes in business law, but also identifies with the start-up culture. Many larger law offices deal primarily with mid-sized to large companies, so they have little patience for novices with many questions and concerns.

You may want to try a small business attorney that runs his or her practice as a sole proprietor. These lawyers are essentially running their own companies and have a first-hand understanding of the worries of small companies, such as payroll, advertising, and overhead planning.

It is an even better idea to employ a solo small business attorney who has experience working in larger firms. This means that he or she will have the know-how of larger firms, yet you will still pay the lower rates that are common among solo firms.

Availability

Like any other provider that you hire, it is possible to come across a lawyer who has spread him or herself too thin. This can cause you anxiety down the road because there will be times when you need to get a hold of your counsel for assistance with making critical company decisions, yet all you will get is his or her voicemail. This only defeats the purpose of hiring competent counsel in the first place.

That is why you should ask your colleagues and friends in the business world about their experiences with different firms, since lawyers will not readily admit that they are frequently unavailable. You can also check reviews online. There are now many forums in place to rate attorney performance.

As you search for a good small business lawyer, remember that you should speak with several lawyers before making a final decision. Many of them offer free consultations, and you can use these experiences to evaluate which potential candidate will best suit your company.

When looking for a Roseville business attorney, residents turn to Meyer & Yee LLP. Learn more about our services at http://mylawyersllp.com.

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Five Secrets Your Attorney Doesn’t Want You to Know

Whether it’s something as simple as a business contract or as complex as divorce, your legal interests need to be protected. Law schools graduate almost 50,000 attorneys per year. Here are some ways to help you narrow your search for legal representation and identify unprofessional lawyers.

Handing off Work, but Charging the Same

Paralegal aids and assistants should certainly be used for their ability to properly organize and distribute, but they are often overused. They will end up doing the majority of the research and then you could be charged the lawyer’s hourly wage. Sometimes your attorney will claim that he/she was training them as a junior lawyer. Unfortunately, this could affect your chances in court and will affect your bill.

Hourly Rates are Negotiable

Most good legal representation will be open to negotiation on their hourly rates, especially if your case is relatively straightforward or won’t require much time. Make sure to ask whether you need to be charged their standard rate, or whether you can avoid some of the expense. Remember, it’s a lawyer’s job to negotiate, so they’ll be more than willing to have this conversation with you.

Charging you for Every Phone Call and More

You should be aware of the numerous charges an attorney might incorporate into your final bill. Some go as far as overcharging for simple tasks. For example, a common practice is to charge for the time required to prepare documents for your case. Most firms, however, use templates from old documents meaning that they’ll only have to make minor edits to create your documentation. Is this worth a several hour rate, when it only took them several minutes?

Lawyers have Knowledge in Niches

Law is complex and has countless facets that take extensive time and research to evaluate and understand. That’s often why it can take so long to develop and present a case in court. Your firm’s team will be pouring over law books and legal documentation to try and find a solution to your issue. Unfortunately, this also means that most lawyers only specialize in one or two types of law. Make sure that your attorney is a specialist in the type of case you’re about to take to court.

There are Plenty of Alternatives Out There

Finally, it’s important to know that out of those 50,000 graduates we mentioned earlier, there are some true superstars available. If your attorney doesn’t really push to represent your interests, there are twenty more in your city willing to take their place. Don’t invest a substantial sum into an individual or firm that isn’t willing to invest an equivalent amount of energy into your case. When you can foster an honest back-and-forth feedback with legal aid that is willing to ensure your success, you’ll know you’ve found the right match.

When considering soliciting services from an attorney, Mobile residents visit Briskman & Binion, P.C. Learn more at http://www.briskman-binion.com/.

Article Source: http://EzineArticles.com/expert/Abraham_Avotina/663190

 

Handling Commercial Litigation With Alternative Dispute Resolution

In the world of business, lawsuits are accepted as a price of playing. But when a legal battle breaks out, the costs can be prohibitive. Tied up in court for years on end, both sides can end up spending a fortune on commercial litigation. It is no wonder alternative dispute resolution (ADR) has emerged as a viable legal option.

What Is It?

ADR is defined as any method of resolving disputes outside of the courtroom. There are no judges, no jurors, and far fewer rules. In other words, it’s a simplified version of a trial that gets to the heart of the matter more expeditiously. Though rules do differ based on location, mediation and arbitration are the two most common forms of alternative dispute resolution. Let us take a moment to discuss them individually.

Mediation

A highly informal legal option, mediation is essentially a negotiation process between the two opposing parties. An impartial observer called a mediator listens to both sides then tries to work out an agreement between them. This potential settlement can be accepted or rejected by either side. Only when both parties agree can a legally-binding, completely confidential contract be signed.

When Is It Used?

The primary advantage of mediation over other resolution methods is its incredible versatility. The option has been used in a wide range of cases, from juvenile felonies to multi-billion dollar commercial litigation cases.

Arbitration

Much closer to a trial than mediation, arbitration lets lawyers introduce evidence and argue in front of a panel that decides the case. They may not be judges, mind you, but arbitrators do have the authority to write a decision and recommend an arbitrator award. The decision must then be reviewed and approved by a third party before it is legally binding on both parties.

When Is It Used?

Because it does not depend on the persuasiveness of a mediator to seal the deal, arbitration proceedings are often more expeditious. On average, they tend to last for only a few days, a week at most. Moreover, the arbitration panel only meets for a few hours a day, which keeps legal fees low. Last but not least, all opinions are NOT a matter of public record. That fact alone makes arbitration an attractive option to settle commercial litigation disputes. In recent years, securities, construction, and labor disputes have been quickly and quietly handled through arbitration.

Hiring An Attorney

Because it is a growing area of legal practice, inexperienced attorneys are flocking to ADR in record numbers. The only problem is that most of them don’t have any first-hand knowledge of this highly specialized field. That is why we strongly suggest you find an attorney who has dozens of ADR cases under his belt. It is also a big plus if he has international ADR experience since the rules of arbitration and mediation may differ from country to country.

Alternative dispute resolution can help litigants save time and money on commercial litigation.

When considering commercial litigation, Florida residents visit Welter Law Firm, P.A. Learn more at http://www.welterlawfirm.com/.

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Attorney’s Fees on Appeal From Labor Commissioner: Symmetry Not Required

Employee’s Appeal From Labor Commissioner Award is “Successful” If More Than Zero.

Our Orange County appellate district, Justice Bedsworth, has clarified: goose and gander are not to philander on remander. [I liberally paraphrase from the colorful opinion of Justice Bedsworth, who uses the phrase “goose-gander need for symmetry”]. Justices Rylaarsdam and Aronson concurred. The issue: if an employee wins at the Labor Commissioner level, appeals for more money, and loses at the Superior Court level, but salvages all or part of the Commissioner’s award, is the employer entitled to attorney’s fees for having “won” the appeal? Labor Code Section 98.2 (c). The rule: If the employee appeals, but obtains less than the amount sought, but retains more than zero, that is, preserves some part of the original commissioner’s award, the respondent employer is not entitled to attorney’s fees. The law: The 2003 amendment to Labor Code Section 98.2, properly interpreted, states that an “employee is successful” on appeal “if the court awards an amount greater than zero.” Stated differently, the legislature by the amendment deprived the employer of claiming victory merely by reducing the employee’s award on appeal. The employer may claim victory only by completely eliminating the commissioner’s award. Royal Pacific Funding Corporation v. Arneson (2015) 2015 DJDAR 10016.

Employers Beware: Appealing a Commissioner’s Award, then Aborting the Appeal before the Court Can Determine the Merits of the Appeal Will Not Save You From Paying the Attorney’s Fees Incurred By the Employee in Opposing the Appeal Before Trial de Novo.

Justice Bedworth penetrated the tactic and exposed its lack of support in the full contextual reading of Labor Code Section 98.3. Employer’s would like to appeal Labor Commissioner awards, and thereby leverage their greater financial resources against the employee. The unscrupulous employer, knowing the unlikelihood of winning the appeal, at least where the employee has legal counsel, then abandons the appeal at the last minute, claiming the employee was not “successful” on appeal because not obtaining a greater award. The tactic might work because the employer thereby imposes greater costs and pressure on the employee to accept an amount less than the Commissioner’s award. But this appellate decision makes clear this tactic lost its teeth by the 2003 amendment to Section 98.2.

What Does This Decision Mean for Employees Who Appeal but Obtain no more, and Maybe Less than, the Amount of the Labor Commissioner’s Award?

The appeal of an award for unpaid wages often involves less than $10,000.00, but the attorney’s fees that could be awarded against the unsuccessful employee could dwarf that amount without the full legislative protection of Section 98.2 as amended. This amendment, now interpreted by published decision, allows employees to seek full recovery of wages on appeal without the threat of having to pay the employer’s attorney’s fees except in the case of a zero award.

Frank Pray
http://www.employee-rights-atty.com
949.251.1006

Article Source: http://EzineArticles.com/expert/Frank_Pray/85039

 

Massage in Bucharest

Recognize it! You’re busy! And so must be! That’s what life is like! But you want more than that, you want to do more for yourself and massage can help. Because massage makes more than a simple relaxation of the mind and body. It keeps your body in shape and gives you enough energy to make you enjoy a longer life better than you do it today.

Massage releases stress. At the moment, stress is a universal evil. Every time you are late, every time you avoid a car in traffic, every time you have trouble working, stress is doing his job. Each time adrenaline increases heart rate and cortisone levels and organs respond to the measure. You will be in a state of nerves and constant agitation.
When there is no release of stress, serious problems such as an upset stomach, hypertension, sleep disturbances, chest pain, or existing illness may worsen.

Some of the changes that may occur are: Anxiety, lack of concentration, depression, permanent fatigue, muscle or bone pain, sexual dysfunction, excessive sleep or insomnia

All these stress-related problems can be diminished and some can be totally eliminated by massage. The researchers concluded that a massage session can lower heart rate and blood pressure, relax your muscles and increase endorphin production. The massage also releases serotonin and dopamine and the result is a general relaxation, both physical and mental.
Our body care must be at the top of the priorities.
By adding the massage to your routine you will look much better and you will be much healthier and relaxed. Massage can improve your vitality and mood. Massage can prepare for a long and beautiful life.

Our masseuses personalize each massage session according to the needs of the individual.
Our massage parlors offer a variety of relaxation styles and techniques to help you. Apart from relaxing, massage can be a powerful ally in reducing pain, increasing energy levels, improving mental and physical performance

We recommend : HotAngels , VipZone , JadePalace , ThaiPassion

After a massage session, you will see how the mental prospects are enriched, the body allows easier handling, better pressure resistance, relaxation and mental alertness, calm and creative thinking.
When you have the impression or force yourself to stay straight, your body is not actually aligned properly. Not only does the posture look bad, but it forces some of the muscles to go muddy all day, while others become weaker. After a long time, the incorrect position may cause other drops. For example, internal organs press on what affects digestion, breathing ability is also diminished, which means that much less blood and oxygen reaches the brain and hence all sorts of other complications.

Massage allows you to return your body to the track. Allowing the body to make healthy and accurate movements is one of the greatest benefits of massage. Massage can relax and restore muscles injured by bad posture, allowing the body to position itself in a natural, painless position.
Apart from posture, there is also anxiety. One of the signs of anxiety and stress can also be heavy breathing. When the body begins to breathe too little and deeply instead of breathing at a natural rithm, it is impossible for one to relax. One reason may also be that the chest muscles and the abdomen get tightened and the air gets harder.

Massage plays an important role in learning the body how to relax and how to improve breathing. Respiratory problems such as allergies, sinuses, asthma or bronchitis are a group of conditions that can benefit from massage. In fact, massage can have a positive impact on respiratory function.

Many of the muscles in the front and back of the upper part of the body are breathing accessory. When these muscles are tight and shorten they can block normal breathing and interrupt effective breathing natural rithm. Massage techniques for stretching and relaxing these muscles improves breathing function and breathability. Massage leads to an opening of the chest as well as structural alignment and nerve dilatation that are required for optimal pulmonary function. A good way to treat respiratory problems with massage is the taping made in Swedish massage. When done on the back, along with vibrations, it can detach the mucus from the lungs and can clean the airways for better later function.

Massage not only relaxes muscles, but helps people become aware of daily stress levels. Once the body recognizes what really means relaxation, the mind can rest easily relax before the stress becomes cornice and harmful. This will help you enjoy a balanced life. Massage controls breathing, allows the mind to re-create relaxation before the occurrence of chronic and harmful stress and increases the level of energy.