Blog

Small Corporate Trick: Consent to Action without Formal Meeting

Many small businesses that are on the fence of whether to form a corporation or an LLC decide to form an LLC because it’s easier and requires less upkeep. And while it is true that there are additional formalities associated with incorporation, they needn’t be overly burdensome for the small company without tremendous resources. One … Read More

Five Documents You Should Have When You Incorporate

Technically, to form a corporation, you only have to file articles of incorporation (or a corporate charter) with the secretary of state. But if you want to operate as a legitimate business that engages in regular transactions with customers to make money, you’re going to need a little more. Here are the basic documents that … Read More

crowdfunding

Six Things to Think about When You’re Thinking about Crowdfunding

The concept behind crowdfunding is simple and perfectly suited to the Internet. Rather than raise a lot of money from a few people, you raise a little from a lot of people. It’s easy and effective. Lots of new businesses have blossomed in catering to this market: Kickstarter, Indiegogo, and RocketHub, to name a few. … Read More

Inevitable Disclosure Doctrine: When Your Employer Can Keep You from Working for a Competitor

Most people have heard of non-compete agreements. But there’s another scenario where an employer can keep you from working for a competitor, even in the absence of a prior agreement: the Inevitable Disclosure Doctrine. Three tests must be met for a court to invoke the doctrine. 1) You must possess trade secrets that you do … Read More

To Non-Compete or Not to Non-Compete: Should There Be a Question?

The question is, “should I have a non-compete agreement with my employees?” If you’re asking, the answer is almost certainly yes. A non-compete agreement is a contract (or, perhaps more simply, a clause within an employment contract) between an employee and an employer, where the employee agrees not to enter into competition with the employer … Read More

Five reasons Why You May Not Need to Incorporate (yet)

I’ve read lots of articles about the reasons why a business needs to incorporate. But creating a separate legal entity isn’t for everyone. Perhaps it’s worth spilling a little ink summarizing why one might not need to incorporate. 1) You are the only founder One of the most important parts of starting a business is … Read More

Win-Win Lawyering

Many think of the best lawyers as the Johnny Cochrane-Alan Dershowitz types. These are the guys who gained their reputations for in-your-face, no-hold-barred advocacy on behalf of their clients. Having a lawyer like this is important when you’re facing a murder charge. But in most other circumstances, you may want to consider a different advocate. … Read More