ARTICLES


Buying an Existing Business: It’s New to You

“An entrepreneur considering starting his or her own business from the ground up is presented with a number of significant obstacles. Barriers to entry can include insurmountable start-up expenses, marketing an unproven brand of product or service, retaining experienced and trusted employees, building a loyal customer base and establishing consistent cash flows. “

Getting into the Real Estate Game

“While certain different considerations exist as between purchasing residential real estate for investment purposes and buying a first or second home, the processes by and large are quite similar. Some of these differences are noted below. Once the decision has been made to purchase a residential property, you must put together a purchasing team of at least a real estate broker and real estate lawyer. “

INCORPORATING IN MASSACHUSETTS

“The organization of a corporation is a complex matter and should be taken seriously. The information presented here is intended to make you aware of certain steps that must be taken, decisions that need to be made and the legislative requirements of organizing and maintaining a business corporation in the Commonwealth of Massachusetts.”

ORGANIZING A LIMITED LIABILITY COMPANY IN MASSACHUSETTS

“The organization of a limited liability company (LLC) is a complex matter and should be taken seriously. The following information is intended to make you aware of certain steps that must be taken, decisions that need to be made and the legislative requirements of organizing and maintaining a LLC in the Commonwealth of Massachusetts.”

Pour Logistics: Opening a Bar, Restaurant or Nightclub

“Owning a bar, restaurant or night club can be an exciting opportunity and a lucrative business venture. However, along with bar, restaurant and nightclub ownership comes a host of complex legal and business issues.”

Partnerships

“A partnership is an association between two or more parties for a for-profit business purpose. Partnerships are highly adaptable in organization ranging in spectrum from very simple to highly complex. This is because the business element is broadly defined by state law and the parties to a partnership are permitted to be individuals, groups of individuals, companies, corporations, trusts, limited liability companies and other types of organizations.”

Shareholder Agreements

“A shareholders agreement is an important contract entered into by the owners of the stock of a corporation. ENDEAVORLEGAL business lawyers assist the shareholders of client corporations in the consideration of a number of items that cause disputes among the shareholders down the road if not attended to at the time of corporate organization.”

DBA or Fictitious Business Name

“DBA is the acronym for “doing business as.” Completing a DBA filing is necessary if you plan to operate your business under a name other than your personal name or the legal name of a business entity (such as a corporation or limited liability company) filed with the Secretary of State with its organizational documents.”

Trademark

“A trademark is a word, name, symbol, phrase, logo, color or sound used to distinguish a particular business’ products from the products of another. Really, anything that distinctly identifies your business product can be a trademark. A trademark is often indicated by the symbol ™, and when registered with the United States Patent and Trademark Office (USPTO), by the symbol ®.”

Entrepreneurship

“Making the leap from employee to business owner can be a daunting task. Starting a new business venture requires motivation, focus, skill and a great deal of determination. The first step in deciding to start a business is for the aspiring entrepreneur to determine if he possesses the traits necessary to start and operate a successful business.”

SEX VIDEOS, ONLINE DEFAMATION AND INTELLECTUAL PROPERTY: A PROFILE ON ATTORNEY JERROLD G. NEEFF

“Attorney Jerrold Neeff was fresh out of BU Law when he received a phone call from a client claiming that he was not only Madonna’s former bodyguard and lover, but that he also had a sex video featuring Madonna that he wanted to sell. Neeff confirmed the details and flew that same day to Manhattan to meet with the potential client, and yes, there was indeed such a video.”

IS YOUR NCAA BRACKET LEGAL?

“The National Collegiate Athletic Association basketball tournament–a.k.a. “March Madness”–kicks off this week, and millions will likely participate now that Warren Buffett has offered $1 billion to anyone who completes their bracket flawlessly. “

HOW TO LET SOMEONE GO

“Letting an employee go is never a good thing. But keeping a poor performer can poison your business. You might think the termination is business as usual, but chances are the employee will take it personally. Face it, what we do at our job is big part of who we are. And being stripped of that identity can leave a person feeling alone and confused.”

WHAT’S IN A NAME?

“In the U.S., protecting your name with a trademark or service mark is an important step, but so is policing your brand to make sure no one is stealing your name and image. Think of a trademark as an alarm system protecting your assets.”

3 STEPS TO PROTECTING INTELLECTUAL PROPERTY

“Many start-up owners are concerned with the intellectual property (IP) of their company, and they should be. IP is a valuable asset that needs to be protected, insured, and, sometimes, even risked.”

3 TIPS FOR SETTING VACATION POLICIES

“Everyone wants to know their employer’s vacation policies and rules for paid time off (PTO). Both are forms of compensation, so when you change them, employees will notice. Unfortunately, so will the law if you’re not doing it right. Here are some tips to get started.”

DAMAGE CONTROL: TIPS FOR SURVIVING A WORKPLACE CRISIS

“Picture this: You show up at the office and there are five federal agents standing outside with a search warrant. What do you do? If the first time you think about how to handle a crisis is during the crisis, then the short answer is “probably the wrong thing.”

SHORTS SEASON: IS IT TIME FOR A DRESS CODE?

“As companies grow in size, the inevitable happens: Someone comes to work in attire that just isn’t right. Maybe it’s the party dress from the night before, or the “too short” cutoffs and flip-flops that are making you (and other employees) cringe. You decided to implement a dress code, but how do you go about enforcing it without looking like an ogre?”

TURNING YOUR PASSION INTO A PROFESSION

“Whether it’s taking a love of baking and starting a cupcake empire, or moving from a 9-to-5 job in IT to designing custom websites on your own schedule, there is are plenty of reasons to turn your personal talent into a money-making venture.”

5 LEGAL STEPS FOR STARTING YOUR BUSINESS

“Whether you’re a current business owner or are still deciding whether to take the plunge and start a company, it’s important to step back and make sure you take all the proper legal steps to ensure your dream is realized with the protection of a legal business entity–such as an LLC or corporation. Stay with us–this isn’t as hard as it sounds.”

FINALLY GET A HANDLE ON THE WORK-LIFE BALANCE

“As employers, we all know that the New Year causes our employees to rethink their priorities. This is especially true in small companies and start-ups, where the life part of work-life balance is often malnourished.”

YOUR TERMS OF USE MAY BE ILLEGAL

“If your business has a website, and especially if you conduct business online, then pay attention. Recently, online shoe retailer Zappos found out the hard way that there are strict rules around contracting–even for those barely visible online contracts. That’s because a federal court struck down the Zappos online Terms of Use agreement.”

DON’T LET YOUR BLOG GET YOU IN TROUBLE

“Many small businesses have taken to the Internet to promote their business or industry. This can take place in many different forums, but blogging and using other forms of social media are becoming more and more common for all types of businesses–from the small start-up to the giant conglomerate. Unfortunately, the budding entrepreneur usually doesn’t have an in-house legal team to manage risk, and can get into trouble if not careful.”

HALLOWEEN IN THE OFFICE: DON’T LET IT GET TOO SCARY

“Remember the good ol’ days when a sheet with eye holes was considered a great Halloween costume? Well, these days many of the costume choices available on the market look much different and, well, are not as innocent as in decades past. As a business owner, what do you do when the costumes at the office party look like they would be better worn in a night club?”

IS WORKPLACE DATING REALLY OFF LIMITS?

As the old saying goes “you don’t dip your pen in the company ink.” In other words, you shouldn’t get into a dating or sexual relationship with a co-worker. But consider this: according to a recent Workplace Options survey, nearly 85% of 18-29 year olds would have a romantic relationship with a co-worker, compared to just over 35% for 30-46 year olds and about 30% of 47-66 year olds.

BUT IS IT LEGAL? DOGS IN THE OFFICE

We have all seen pictures of “cool” companies that offer extra perks for their employees. And for pet owners, there is one perk they value very highly: the ability to take their pet, typically a dog, to work with them. As a pet owner, you might feel bad leaving Sparky home alone with just food and water for company. And you probably believe that if you could just bring your pet to the office, you would be so much more productive.

THE REALITY OF PROTECTING YOUR COMPANY’S SECRETS

“When we think about patents, most of us conjure up the ghost of Thomas Edison (who had nearly 1,100 of them) or perhaps Benjamin Franklin, who, despite being an avid inventor, held zero. We create in our minds the image of inventors working by lamplight, sketching, figuring, building, and then selling their inventions. In actuality, that image is quite far from the truth.”

IS YOUR HOME-BASED BUSINESS ILLEGAL?

“The apartment entrepreneur: If you aren’t one, you probably know one. Everybody has a friend writing a screenplay or music, consulting, or trying to turn a hobby into a moneymaker…all from the comfort of residential rental property. This is not to mention the boom of tech start-ups begun out of living rooms and garages not only in Silicon Valley, but all across the United States.”

4 Worst Legal Mistakes a Family Business Can Make

“Too many family businesses don’t even know these simple issues are problems–until they find themselves in legal hell. Running a family business is the most natural thing in the world–and the most unnatural. Handle it well, and it can make you rich, capitalize on bonds no ordinary colleagues could share, and keep your family employed for generations. Handle it badly, and it can instead keep lawyers like me employed for generations.”

The Sane Way to Handle March Madness

“A NCAA basketball brackets pool is a great way for employees to bond. It can also be a great way for a careless boss to get in trouble. The NCAA basketball tournament, better known as March Madness, is here again. Let’s face it, your company’s productivity is out the window until the clock ticks down in the final game on April 2nd.”

8 Interview Questions You Should Never Ask

“They seem like friendly, harmless queries, but they can land you in a serious legal tar pit. Here’s how to learn safely what you need to know. With success come headaches. More employees, for example. The more employees you have, the more responsibility for you and the more potential legal land mines. In this article, I’ll focus on the first of the employee-related mine fields you have to cross—the new-hire interview.”

File Those W-2s and 1099s and Keep the IRS off Your Back

“It’s time to ship out those W-2s and 1099s again. Yes, it feels like a waste of time and money, but pay attention: The IRS takes this very, very seriously. It’s a January ritual as inevitable as the collapse of New Year’s resolutions: The mailing of W-2s and 1099s. While your employees may regard their arrival as almost a natural phenomenon, like January frost, you know better. Someone has to be responsible for filling out those tallies of the previous years’ wages and contract income and getting them into the hands of the workforce. And, as with everything else concerning your business, that responsible party is you.”

Now May Be the Best Time to Incorporate

“If you incorporate or form an LLC this year, you can make a clean break for taxes. That’s only one of many good reasons to take the leap. One of the most common questions I get as a corporate lawyer is “when should I incorporate?” Like so many questions in law, it has no clear-cut answer: There is no preset size or predetermined best time to form a business entity. “

The Holiday Office Party: How Not to Get Sued For Christmas

“The office holiday party: A time to spread cheer, bond with your staff, and get hammered by the plaintiff’s bar. Here’s how to fa-la-la without the lawsuit. The days are getting shorter, the wind a little nippier and the stores are full of decorations. It’s the time of year that little kids and plaintiffs lawyers love.”