Articles
Face-off Over Facebook
"If you guys were the inventors of Facebook, you'd have invented Facebook." — Mark Zuckerberg, from the movie, "The Social Network" "The Social Network" movie is a fictional story of the birth of Facebook, but more specifically about founder Mark Zuckerberg and the...
The “Ordinary” Commercial Lease: A Fallacy. It Doesn’t Exist.
"It's just ordinary lease stuff," Frank said. After a short pause, he continued, "At least, I think it is." Frank had just been given a document entitled "Standard Commercial Lease – Net." He wasn't an unsophisticated businessman—his business had grown from him and...
Reasonable Accommodation and the Interactive Process: The ADA Requires Employees and Employers to Work Together
2010 marks the 20th anniversary of the Americans with Disabilities Act (ADA) signed into law by President George H.W. Bush. A key distinction between the ADA and other anti-discrimination laws is the requirement for employers to make “reasonable accommodation” for the...
Shallow Pockets; the Risk of Undercapitalization
Assuming your company does not have 20 billion dollars stashed away in money reserves like BP Energy, many companies risk inadequate capitalization, or what is also referred to as "thin capitalization." Inadequate capitalization generally means funding resources that...
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Congressional Magic or Mischievousness: Is the Federal Estate Tax Repealed, or Isn’t It?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...