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Small Business Law


COBRA: Compliance with Employee Benefits Laws; Not the Snake in the Grass Kind
When business owners hear the term "COBRA," most (hopefully) skip past the images of fangs and hissing and think of employee health care benefits, which, come to think of it, have their own type of...

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The “Ordinary” Commercial Lease: A Fallacy. It Doesn’t Exist.
"It's just ordinary lease stuff," Frank said. After a short pause, he continued, "At least, I think it is." Frank had just been given a document entitled "Standard Commercial Lease – Net." He...

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Shallow Pockets; the Risk of Undercapitalization
Assuming your company does not have 20 billion dollars stashed away in money reserves like BP Energy, many companies risk inadequate capitalization, or what is also referred to as "thin...

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My Partner is WHO? – Shareholder Duties and Minority Oppression
It is a nightmare scenario for any small business owner: your partner in business falls through, and you're stuck working with someone you never intended to. It could happen in a variety of...

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Rolling the Dice: Business Plans for Start-Ups or, To Be or Not To Be
As small business attorneys for almost 25 years, we have seen many trends, heard many business ideas and have been pitched countless "business opportunities." During the course of that time, we have...

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The Twenty Dollar Bill Quiz
Can you name the president pictured on a twenty dollar bill? If that same $20 is spent by a service company to pay an individual house cleaner, would it be considered wages? What if a paralegal works...

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LLC or S-Corp? (Or, Why The Barber May Not Be Right)
Many individuals embarking on starting their own businesses have a preconceived idea that they want to form a limited liability company (LLC ) instead of an S-Corporation. Often, and I am not making...

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Dinner, Drinks and a Game—How Deductible Is It?
On a recent business trip to Indianapolis, you decide to take a client out for dinner, drinks and to a Pacers' game. It’s win-win: you have a good time and you use the opportunity to earn some...

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Restrictive Covenants in Employment Agreements
Employment agreements have become a popular tool in the business world, in both big and small business. Employment agreements establish vital terms and avoid misunderstandings such as “at-will”...

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E-Verify: The Electronic Border Patrol for Employee Eligibility
E-Verify, the Internet-based system used to electronically verify the employment eligibility of newly hired and current employees, is now a mandatory requirement for companies to obtain contracts...

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