Following the enactment of the Tax Cuts and Jobs Act, many businesses are wrestling with whether to change their company structure. The issue is whether to shift to a C corporation, which pays business taxes, or to remain a pass-through company, which pays taxes through the owners’ individual returns. Although taxes are not the only … Read more
Sexual harassment and other forms of sexual misconduct have been front and center in the media for months now. Reports of film mogul Harvey Weinstein’s conduct, followed by reports of similar behavior from other famous and powerful men in entertainment, politics, sports and business, have sparked a new awareness and intolerance for conduct that crosses … Read more
Let’s say you make Acme Product 334, designed to work in tandem with Acme Widget 338. But one of your competitors sells a viable alternative to Widget 338. Can you predicate Product 334’s warranty on the condition that it’s only paired with Acme widgets? No, you can’t. It’s an old law, actually, and one the … Read more
By now, you’ve probably heard the horror stories about hackable cars. The most publicized concern is that digitally connected cars are vulnerable to hackers who could disable the engine or even take control of the steering.
But while this kind of physical threat grabs headlines, a different risk goes relatively unmentioned: data security. According to
Patrick recently moderated a Business Succession Planning seminar by Bob and other experts to a group of lawyers. Here are some highlights: Many business owners and professionals have not done any succession planning to address who will manage and own the business when the owner is disabled or dies. Thoughtful planning helps the owner achieve … Read more
A strong cybersecurity program is designed to protect the confidentiality, integrity and availability of a business’s information systems. These systems can include any computer or networked electronic system used by a business, and certain sensitive business and consumer information. Programs should be designed to perform three primary functions: Identify and assess threats and risks; Protect information systems … Read more
Under a new federal law, individuals have a right to post truthful negative reviews about a product or service provider. That’s the case even if they previously signed an agreement that prohibited such reviews. Over the past few years, this controversial business practice of including non-disparagement clauses in contracts or terms of service has led … Read more
Regardless of the size of your business, it’s critical that you work proactively to protect the sensitive and private information of your customers, clients and employees. While you might hear more often about data breaches at bigger companies, the reality is that smaller companies and organizations are often targeted and typically have limited data security … Read more
As more and more companies sell things online, especially to far-flung customers, it can be difficult to keep track of the ever-changing legal rules that apply. Here’s a look at just some of the issues on the horizon that online retailers should be aware of:
Is your website accessible to the disabled? You might be surprised at the idea that the federal Americans With Disabilities Act applies to online stores, but the U.S. Department of Justice has taken the position that it does, and is planning to issue rules soon for how retailers should comply.
It’s likely the government will soon require retail websites to do some or all of the following:
Many new business owners think it’s easy to set up an LLC. That’s partly the result of companies and websites that claim to offer simple, “standardized” LLC operating agreements. Just fill in the blanks and you’re off! In reality, there’s no such thing as a “standard” LLC operating agreement. You have many of choices to … Read more