Legal

How to Use Your Lawyer and How Not To

Recently, Ramon’s business was involved in a long, drawn out negotiation over a contract. At a meeting involving him and the principals of XYZ...

Copyrights, Trade Secrets, and the Saga of the Beelzebub Cake

Carol has an old recipe that she found while searching through family archives going back a hundred years. The recipe for the confection—curiously known...

Minimize Potential Liability During The COVID-19 Pandemic

Pete is a restaurant owner whose business has been sidelined by the COVID-19 pandemic. Now, because the infection rate in his state has gone...

Everyday People Make the World Go Round- Meet Braulio Rosa

“Whatever you do, strive to be the best at it!” Braulio Rosa Title: Executive Director Company: Broward County Bar Association Business location: Broward County, Florida Residence: Davie, Florida Where...

Obstacles Remain in Travel Ban Exceptions

When we last saw Tom, the clothing manufacturer who wanted to bring in two German engineers to help fit out his factory to make...

You Get What You Pay For

Jeff runs a restaurant that has  fallen on hard times as the result of the COVID-19 pandemic, leaving him shy of revenues, and full...

There Is More Than One Way to Close a Business

Bob owns an independent bookstore, aptly named Bob’s Books.  After many successful years, e-commerce has unfortunately taken its toll, and Bob cannot compete with...

This Too Shall Pass…

This Too Shall Pass... The last two months have been an interesting time for everyone, no matter their background, age, gender, familial situation, or financial...

How The Travel Ban Exceptions Can Affect Your Business

  Tom owns a company that manufactures clothing but is idle as the result of remote work requirements imposed in response to the COVID-19 pandemic....

Are Construction Employers at Risk for an OSHA Citation for COVID-19 Exposure?

Are Construction Employers at Risk for an OSHA Citation for COVID-19 Exposure?   The Occupational Safety and Health Act requires employers to maintain a workplace that...

Legal Services of Greater Miami

Legal Services of Greater Miami   Featured Business: Legal Services of Greater Miami (LSGMI) Executive Monica Vigues-Pitan, Executive Director Business Address: 4343 West Flagler Street, Suite 100, Miami,...

Everyday People, Make the World Go Round – Meet Dennis Gonzalez, Jr., Esq.

Everyday People, Make the World Go Round - Meet Dennis Gonzalez, Jr., Esq. Name: Dennis Gonzalez Jr., Esq. Title: Attorney Company: Dennis Gonzalez Jr., P.A. Major City Where...

Get Help From the SBA to Keep Your Business Afloat

Get Help From the SBA to Keep Your Business Afloat The current COVID-19 pandemic is also an economic crisis, with long-lasting impacts felt across all...

Non-Disclosure Agreements- Protecting Business’s Proprietary Information

When are NDAs Used? Should NDA’s be Mutual? Eleven Insights   Non-Disclosure Agreements, or ʺNDAs,ʺ are commonly used legal tools that businesspersons sign to protect the...

Work Made for Hire and Intellectual Property

Protecting a small business’s intellectual property.   Protecting a business’s intellectual property fundamentally requires the imposition on employees and contractors of some level of restrictions on...

When a Small Business Becomes a Multi-Owner Enterprise

How companies are organized, the relationship between and among owners.   Editor's note: This is the first in a series on the intricacies and best practices...

Trademarks: Not All Trademarks Qualify

Principal Register, Incontestable Marks, Supplemental Register   Trademarks are generally thought to be listed on the Trademark Office’s Principal Register, but not all trademarks qualify. For...

Small Business Corporate Governance: Fiduciary Duties

Flexible standards provide small business owners tremendous leeway in fashioning management rules. In developing their enterprise, majority and minority owners need to take stock of...

When Is an Oral Contract a Legally Binding Agreement?

When thinking of contracts, most people don't realize an oral contract can be a valid agreement   When thinking of contracts, most individuals think about a written document. The...

All Good Things Come To An End (Part I):  Someone Breaches Their Contract With You

4 steps prior to deciding whether going to Court is the right move for you and your small business. All contracts come to an end...

Negotiating and Surviving the Business Deal of a Lifetime:  A Legal and Practical Approach Part III

Part III what small business owners should anticipate when they land a major deal  “The bottom line is that, with care, it may be possible...

Negotiating and Surviving the Business Deal of a Lifetime: Part II

What small companies need to be aware of when landing a deal with a larger, well-known international customer. “An agreement is being negotiated between a...

Small Business Employers Take Note of The Changing H-1B

The proposed reform will have a material impact on a program confronting many challenges.    Recently, the Department of Homeland Security issued a Notice of Proposed...

Restaurants, Part V: The Independent Contractor Trap

“Among the most significant traps for employers in every industry, including in the restaurant industry, is that of misclassifying “employees” as “independent contractor,” a practice that can expose companies and their principals to liability under the Labor, Tax, and Immigration law.”

4 Musts Before Starting a Family Business

Here's four often overlooked legal issues you should think about before starting a family business.   Starting a business can be an exciting and optimistic period...

Small Business Owner’s Quick Guide to Conducting a Trademark Search 

When a small business owner settles on a potential trademark to register, the next step is to conduct a trademark search to see if that mark is likely to be confused with an active registered mark.   

Restaurants, Part IV: The Undocumented Alien Trap

The employment of undocumented workers implicates a host of risks to employers separate and apart from the penalties imposed by U.S. Immigration Laws.

Restaurant Start-ups Part III- Hour and Wage Requirements

Among the issues with which restaurants must contend are hours and wages rules, which mandate the minimum wage to which an employee is entitled as well as regulate overtime pay.

Negotiating and Surviving the Business Deal of a Lifetime

“The deal of a lifetime needs to be scrutinized with care as many of its anticipated advantages may end up being illusory and even detrimental to the fortunes of the business. Small companies need to realistically appraise the benefits, costs, and opportunity costs of taking on a much larger customer.” Small companies need to realistically appraise the benefits, costs, and opportunity costs of taking on a much larger customer. 

Restaurant Start-Ups: The Lease Part 2

This is the second article in a series of articles about restaurant lease provisions.

Restaurant Start-Ups: The Lease Part 1

Persons starting a restaurant establishment face legal issues which can be daunting, starting with the negotiation of a lease. 

Me Too Movement- A Look at New York’s New Anti-Sexual Harassment Laws

The emergence of the “Me Too movement” and lurid examples of sexual abuse on a shocking scale have catalyzed law makers to consider ways of educating workforces about what sexual, gender-based harassment is and how to discourage it. At the forefront of this oncoming legislative tide is New York City and New York state, each of which recently enacted legislation designed to implement comprehensive antiharassment laws

Immigration and the Rule of Law

The article describes policies implemented by the U.S. Immigration that raise questions about its commitment to lawful rule making.

What is a Trademark Anyway?

A trademark is a word or design (what most people call a logo), or a combination of words and designs that communicate the identity of the distributor or manufacturer that is the source of the associated goods or services.

As a Small Business Owner You’re Thinking: Why Bother with Filing a Trademark?

Here's why small business owners need to take the necessary steps to file trademarks.      I know what you’re thinking:  You’re thinking: “Why bother with filing...

Sexual Harassment in Today’s Workplace

What should small business owners do once they receive a sexual harassment complaint?   As we all have seen, sexual harassment has dominated the news for months.  There is...

Parole for Entrepreneurs Revisited

For foreign nationals, the Entrepreneur Parole Program represents a chance to participate in the US economy..   In my April 2017 contribution to LBT, we alerted readers to a...

What Are Potential Small Business Impacts of New Immigration Policies?

Exploring the important features of the administration’s immigration policy and potential impact on small business employers.     Editor's note: Business and immigrations looks at whether there may be...

Comparing Single Members and Multi-member LLCs

Deciding the legal form of an enterprise is one of the first questions to be addressed by entrepreneurs.     In our last article, we compared the...

There Are Many Small Business Incorporation Models, but What’s Option?

Deciding the legal form of an enterprise is one of the first questions to be addressed by entrepreneurs.     For an entrepreneur starting up a business,...

Read the Fine Print Before You Sign a Commercial Lease

Here are six commercial lease line items to identify for and negotiate.   The per square foot rent is only the entry fee in most commercial leases. The...

Privacy in the Workplace? What Employers Need to Know

Five employee business guidelines when commenting on social media.   A common dilemma confronted by employers is how best to regulate employees’ use of the internet and social...

Parole for Entrepreneurs 

While attention has been paid to the bleak immigration landscape, there is a brighter spot.   The Entrepreneur Parole Program is a hopeful step in the...

What Are the Basic Boiler Plate Provisions of Contracts?

Almost all contracts contain standard provisions which are frequently ignored by the parties and attorneys.   Editor's note: This is part seven of the continuing series on contract law...

The Four Keys of Small Business Contract Arbitration

What small business owners need to know when considering arbitration as an option.   Editor's note: This is part six of the continuing series on contract...

Contracts Part VI: Employment Contracts- 10 Insights

Employment contracts are some of the most common contracts that business owners encounter and some of the most misunderstood.    Editor's note: This is Part IV...

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Contracts Part V: 7 Unique Features of Distribution Contracts

Distributorship agreements are comparable to Supply and Service Agreements but have some special features.     Editor's note: This is Part IV in the contracts series. Prior pieces...

Supplier Contracts- What Small Business Owners Need to Know

The Six common components of Supply and Service Contracts.   Editor's note: This is Part IV in the contracts series. Prior pieces in this series: Part I:  Small Business Contracts...

Contracts Part III: The Role of Legalese in Contract Drafting

Legalese contract language can be off-putting but it serves to crystallize its contents.   Editor's note: This is part three of the contract series Here are part 1 Small Business Contracts...

Contracts Part II: Laying the Groundwork

5 small business contract insights to ensure your deal is comprehensive.   A client who calls up his attorney a few days in advance of a closing...

Small Business Contracts Part I: A Different Perspective

3 Insights and a take away Contract negotiations Is not to take advantage of the other side.   Editor's note: This is part one of a...

Lawful Permanent Residency: A Status Not Without Its Burdens

Three questions about Lawful Permanent Residency, a highly sought after immigration status.   For many, a greencard providing U.S. permanent residency is a dream come true, oftentimes...

Changes In Employment Small Business Owners Need to Know

Hiring foreign nationals is not like hiring American citizens and permanent residents   A material change in the conditions of an H-1B employee’s job can trigger...

What Small Business Contracts Are Required and Who Reviews?

5 contract negotiation considerations   Contract negotiation is the process of give and take the parties go through to reach an agreement. 1.  Negotiation Comes Down to...

Small Business Startups – Making It Legal

  Quick and concise backgrounder for start ups- Start Up Handbook series part 1 "Making it Legal"   This is part one of a ten part series...

How to Select the Best Fitting Attorney for Your Small Business

5 important characteristics when considering if an attorney is the right fit.    Starting and running a business can be a daunting task.  A business owner,...

Five Insights on the State of Immigration, Politics and Business

An immigration attorney's perspectives on immigration, business and politics.   Editor's note: Immigration reform has many facets and continues to be an issue for the U.S....

Can an Email Exchange Be an Enforceable Agreement?

Small business owners need to be aware that our emails might qualify as a valid contract.   Here are the details... Email as a Contract As one can...

What Having a “Visa” Really Means for Small Business Owners

5 updates to sort out visa processing confusion   There is a lot of confusion out there regarding the inter-relationship between petition based "visa" processing and...

Hispanic Owned Companies Need Legal Counsel Too!

Why legal counsel is a critical part of a small business growth     Well established companies like Coca Cola, American Airlines, Microsoft, and numerous other Fortune 500 companies consider...

The Immigrant Investor Meets Realities, Part I

The Immigrant Investor visa program presents opportunities for foreign investors to obtain a green card through investing in a qualified business      The Immigrant Investor program...

6 Smart Hiring Guidelines of Foreign National Employees

Many employers forget that getting H-1B status is not the end of the regulatory process   Many employers forget that getting H-1B status for their foreign national...

WHAT’S IN A [TRADEMARK] NAME?  

A trademark name image or slogan represents a business on many levels; here are some recommendations to ensure its availability.   So you want to start a...

Immigration Fraud Requires Pro-active Action

Increased levels of immigration fraud investigations require employers to take precautions   In part one we covered Immigration News Business Owners Need to Know in part two we...

Small Business and Immigration Enforcement

Statistics don't lie, small business owners need to be aware of this real life example and recommendations   Since the enactment of the Immigration Reform and...

Immigration News Business Owners Need to Know

Here’s why small business owners need to pay close attention to the President’s recent immigration announcement   For many U.S. businesses, the immigration laws are difficult...

The S-Corp or the New LLC?

Here are the pros and cons of the S-Corp and LLC to be considered when electing to incorporate your business   For those who have started...

Have An Estate Plan for Your Small Business

A small business estate plan is critically important, yet often overlooked   Little thought is given to the possibility of the death or disability of a...

Small Business and Family Discrimination

Key steps small business owners need to be aware in light of emerging laws on family responsibilities discrimination   Small business owners need to know about...

Consider the Flexibility of an LLC

 There's a right business structure for your company and many considerations on choice, the flexibility an LLC affords is unique   Whether an LLC or other...

Leasing Contracts: Not All Are Equal

Beware of the fine print of a contract to always get the best deal   While leasing of IT equipment is better financially for most, the...

Protecting Your Intellectual Property

As an entrepreneur, it's important to understand what intellectual property safeguards are needed for your small business Abbreviations and symbols such as TM, SM, PAT...

Choosing a Hispanic Business Entity

Which of the five business-entity types - sole proprietorships, S corporations, C corporations, partnerships or limited liability - is right for your Hispanic business?   ...

Brave New World

Science leads the way to new federal antidiscrimination law.   In 2008 President Bush signed into law the Genetic Information Nondiscrimination Act (GINA), which prohibits employers...

Get Savvy about the Rules of Overtime Pay

Hispanic Entrepreneurs Can Benefit from State and Federal Guidelines   Image: Fotolia In good times and bad, employees at millions of small business nationwide are working...

Pay Now, Or Pay Up Later

It is critical that employers understand both federal and state law and comply with which ever is more protective of employees. The past decade has...

Hire Family?

You Can Find Harmony In Business And At Home   If you are involved in a small business that is also a family business, you’ve probably...