Articles
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 scenarios. Maybe your partner decides they would rather vacation in the...
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 consulted on literally thousands of new start-up companies, and we...
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 a night shift at home writing a marketing brochure? Can she bill her...
Congressional Magic or Mischievousness: Is the Federal Estate Tax Repealed, or Isn’t It?
In spite of what you may have heard about taxes in 2010, we believe Ben Franklin's sardonic proverb, with Will Rogers' prescient addition, still holds true - this year more than ever. Nothing is certain but death and taxes – the only difference between the two is that...
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 this up, their opinions arise from conversations with barbers!...
Texting and E-mails in the Workplace: Drawing the Line on Privacy Rights
In today's workplace, there is virtually unfettered access to text messages, e-mails, Internet use and other electronic messaging. At the touch of a button, anyone can switch from bar graphs for the upcoming client presentation to brew pubs on a social Web site. Got a...
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 goodwill to promote your business. It's a no-brainer that that expense is...
A Homeowner’s Right of Redemption
In this climate of foreclosures, numerous individuals have contacted our law offices requesting information concerning their rights in regards to foreclosure, specifically the right of redemption. The right of redemption is the right to pay off the debt and interest...
Cocktail Party Small Talk, or What Happens if I Don’t Have a Will?
As the joke goes, the medical doctor asks the lawyer if he gets pestered about everyday legal problems at cocktail parties, the same as the doctor does about all sorts of everyday physical ailments. The attorney readily responds that he answers all questions...
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” or other termination provisions. Most employment agreements will contain...
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 with the federal government and the State of Missouri. E-Verify is...
Gentlemen Farming and Other Side Businesses; Issues in Passive Activity and Self-Employment Taxation
Ted and John are friends from the same town. Each is successful in his professional career (Ted as a dentist, John as an insurance salesman). Ted decides to invest in and do some part-time work at a chicken farm in town, and John, thinking that that sounds like a good...