The Americans with Disabilities Act (“ADA”) applies to all businesses, governments and governmental agencies, regardless of size. The ADA requires businesses and governmental agencies to make their places of business and information about their goods and services “accessible” to persons with disabilities, whether those disabilities are visual, auditory, physical, neurological or cognitive in nature and […]
Online Reviews: A Blessing and a Curse
Word of Mouth Advertising Online reviews and blog posts are the 21st century equivalent of word-of-mouth advertising, with one enormous difference. What goes online, (mostly) stays online, more or less forever. On the plus side, online reviews on Google, Yelp, Facebook, Manta, Foursquare and Angie’s list, not to mention the innumerable blogs that critique everything […]
Yes, Virginia; You Really Should Have an Operating Agreement.
You wouldn’t drive a car without insurance, would you? Maybe you would, if you thought you could get away with it. But, when your car is rea-ended, or you rear-end another car, you’ll be weeping while you write the checks to pay for the damage, and the fine for driving while uninsured. No one plans […]
The New Normal
On day one of his administration, Donald Trump made good on his promise to limit immigration to the US. Initially, the focus was on illegal immigration—visitors who overstayed their visas and those who crossed the border to the US without any visa at all. That focus has now expanded to include legal immigration, including by […]
Nonprofit Corporations: The Basics
The defining feature of a nonprofit corporation is that it has no owners or shareholders. But although nonprofits have no owners, they are not limited to charitable activities; they operate businesses of all kinds, such as schools, hospitals, clubs and trade associations. In New Jersey, as in most other states, nonprofit corporations are governed by […]
Dissolving a New Jersey Partnership
Here’s what you need to know if you want to end a partnership, limited partnership or limited liability partnership organized in New Jersey. The law regulating partnerships in New Jersey is the New Jersey Partnership Act 1996, Title 42, New Jersey Revised Statues §1, et seq. The first step is to review the partnership agreement […]
Crowdfunding: The Basics
“Crowdfunding” has historically referred to a process whereby individuals or companies raise money to fund projects or ideas. Funders donate money with no expectation of a return other than a token gift. Kickstarter and GoFundMe are examples of this type of crowdfunding. In April 2012, President Obama signed the Jumpstart Our Business Startups Act (the […]
Convertible Notes: The Basics
For start-ups, raising capital is a continuing challenge. After you’ve tapped friends and family, one way to meet that challenge is with convertible notes. A convertible note is a short-term debt that converts to equity at a pre-determined time, often when the start-up completes its first-round financing, bringing venture or external investors in for the […]
Buy/Sell Agreements FAQs
What is the purpose of a buy/sell agreement? The name notwithstanding, a buy/sell agreement has little to do with the purchase or sale of the assets of a business. For that, we use an asset purchase agreement. A buy/sell is a contract among the owners of a business that sets the terms and conditions under […]
Bulk Sales Laws A Banana Peel for the Unwary
Recently, I took a call from a prospective client who wanted to know why the State of New Jersey sent him a six-figure tax bill for tax years that pre-dated his purchase of a business. He had formed a new entity so as not to take on the liabilities of the seller and had purchased […]
