Remote Legal Practice, Eight Years Ahead of the Trend

In the past month, much of the world has shifted to remote work practices and so much has been disrupted. Here, at McCarthy Garber Law, we have continued to provide our legal services, uninterrupted, in the midst of this disruption to the outside world. And we’ll continue to do so. We’re able to do so, … Read More

Limits on Limited Liability: When You Become Liable For Your Business’s Debts

Many people form LLCs or corporations to protect their personal assets. You don’t want to lose your car, your house, or your personal savings because a business venture didn’t work out. Forming an LLC or corporation gives you access to limited liability. But LLCs and corporations must be property run to maintain that limited liability. … Read More

How to Approach Negotiations: Game Theory and Generous Tit for Tat

How to Approach Negotiations: Game Theory and Generous Tit for Tat

In business negotiations, it’s critical to develop a reputation as someone who will cooperate and get things done. But business is competitive and occasionally aggressive, and there’s a fine line between having a desire to cooperate and ending up a pushover to more aggressive competitors. So where does one strike a balance between the need … Read More

Five Reasons NOT to Form Your Startup As an LLC

There are plenty of savvy startup experts who will tell you that there is absolutely no reason to form your startup as an LLC. You should always be a Delaware C Corporation. If you talk to any of the major accelerators, that’s what they’ll tell you. Same for most VCs. But make no mistake, there … Read More

10 Common Mistakes in Business Contracts

Having to negotiate and formalize a contract is great news for a startup. What it means is, we’re in business! But it also means you’ve come to a place where your choices and actions have real consequences. Make no mistake, one badly constructed contract absolutely has the power to undo every minute of work you’ve … Read More

When Does an S Corp Make Sense?

An S corporation is a business entity that combines many of the advantages of an LLC with the advantages of a corporation. Practically, the biggest hurdle for someone looking to start a corporation is the problem of double taxation. That is, paying taxes for the activities of the corporation and also for profits that are … Read More

Delaware vs. Colorado Corporation: What Makes Sense for My Business?

Delaware vs. Colorado Corporation: What Makes Sense for My Business?

(Updated June 14, 2017) If you’re in the startup world, you may be at least vaguely aware that most hugely successful startups are Delaware corporations. Indeed, there are many smart people who say this is the only right answer to the question, “What type of entity should I form for my startup?” I don’t think this is true, however. There … Read More