Drafting an Operating Agreement- Five Things to Think About For a limited liability company, the operating agreement is the most important corporate document. Every LLC with more than a single member should have an operating agreement; trying to function without one is like flying blind. A well-drafted operating agreement governs the relationship among the members […]
Scam’s the Word
A recent edition of The New York Times explored the psychology of the con; the character traits that make us susceptible to con artists. It’s not greed, although that often plays a part. A bigger factor is the desire to trust and be trusted. Almost as if on cue, an email popped into my in-box […]
On-Line Legal Services – A Pig in a Poke?
Invitations to seminars, panel discussions and continuing legal education courses rarely rate more than a glance, but this morning, one really caught my eye. It’s title: “Baby Boomers, the Age Wave and the Commoditization of the Practice of Law: How to Survive the Storm”. The overview describes how Rocket Lawyer, Legal Zoom and other form-based […]
This Is What I Do
I form and register business entities, including corporations, partnerships and limited liability companies, in all 50 states. I help my clients identify the entity structure that best meets their needs. Business Operation Documents and Agreements I structure and draft corporate governance documents, such as articles of incorporation, by-law, operating agreements and buy/sell agreements. These documents […]
Third Party Content on Your Website
“Third party content” is material on a website that is not created by the site owner. Reader comments, guest blog posts and web forums are all examples of third party content. An important protection for site owners that allow third party content is Section 230 of the Communications Decency Act. Communications Decency Act 230 Section […]
Protecting Trade Secrets and Confidential Information.
Businesses often rely on non-compete agreements to protect trade secrets and confidential information, but these agreements may not be the most effective tool. California and North Dakota prohibit the use of non-competes for employees except in very limited situations, and Massachusetts may join them. The basis of the prohibition is that non-competes limit innovation by […]
On Choosing a Lawyer
If you are looking for a lawyer, you want a good one. So, what makes a good lawyer? It goes without saying that you want a lawyer with a high degree of knowledge, skill and experience; someone with high standards of excellence and ethics. What else? A good lawyer is helpful. Someone who will take […]
Property Tax Appeals
Do you know what time it is? Tax time. By now, you will have received a Notice of Property Tax Assessment. This notice starts the period in which tax appeals must be filed. The deadline for filing is April 1, or 45 days from the date the notice was mailed, whichever is later. Just about […]
‘Tis the Season
Tis’ the season, and many of you will be hosting, and attending, holiday parties. Several clients have asked whether serving alcoholic beverages exposes them to liability for injury or property damage caused by inebriated guests. The short answer is “No”. Many states have “dram shop statutes” that impose liability on providers of alcoholic beverages for […]
Review and Retool
Extreme caution and retrenchment are often the default responses to a difficult economic environment. When times are tough, many business owners go into a defensive crouch, and wait. But think about it; if your competitors are all on defense, what you do now will make you stand out, and put you ahead of the curve […]
