Alternative dispute resolution is an all-too-often overlooked tool for businesses, and mediation in particular often gets short shrift. Mediation offers many potential advantages to business owners seeking to resolve their disputes, either with other businesses or with their own employees. It can be worth considering the next time you find yourself in a legal or financial dispute as a business owner. Continue reading “Mediation as a Tool for Businesses”
A business merger can be an exceptional opportunity for any company looking to expand its market presence and its profits. And while it is true that a merger can offer many benefits, it can also come with many potential problems for the unwary. Here are just a few potential problems to watch out for when it comes to mergers. Continue reading “Four Problems That Can Arise from a Merger”
The National Labor Relations Board (NLRB) recently ruled that employers no longer needed to permit union organizers in “public spaces” on their own property. As noted in an article in the National Law Review, this overturns 38 years of NLRB precedent, which previously required employers to allow union organizers to advocate in certain areas of the employer’s property that were open to the public. Continue reading “Employers No Longer Required to Allow Union Organizers in Public Spaces”
Competition is an essential part of the American economy, as it drives companies to innovate, keeps prices down and helps to keep them honest. And while it’s generally a good thing when a business does well, sometimes a business does so well that it can potentially stifle competition, hurting the economy. It’s for this reason that antitrust laws were created: to preserve competition and protect consumers from the abuses that might arise in a non-competitive market. Continue reading “What is Antitrust Law”
The Delaware Chancery Court has recently approved a demand by Facebook’s shareholders to see their books and records. This demand, called a Section 220 demand, was filed as a means of examining potential wrongdoing by Facebook’s leadership during the Cambridge Analytica scandal. Cambridge Analytica (CA), a now-defunct political consulting firm, was accused of stealing the data of 50 million American Facebook users which it utilized to influence the 2016 United States Presidential Election. Continue reading “Delaware Court Approves Shareholder Demand to See Facebook’s Books”
Oftentimes, when people are discussing corporate taxation, one of the things they’ll refer to is “double taxation,” and how unfair it is. The term may be confusing for people unfamiliar with the tax code, who wonder how it is that corporations can be taxed twice. However, it’s not as complicated as it sounds, and understanding double taxation can make a big difference when deciding how to organize your business.
Continue reading “The Danger of Double Taxation”
A Limited Liability Company (LLC) is one of the many business entities that one can form in New York. An LLC is defined as a company that combines elements of a partnership, sole proprietorship, and a corporation. In this type of business structure, the owners, or members, are generally not personally liable for the LLC’s losses and lawsuits.
Operating an LLC may not always go as planned. If you no longer wish to operate your business under the LLC, you may dissolve it. However, it is necessary to properly and officially dissolve the LLC in the State of New York. Failure to properly dissolve the business entity can lead to legal complications and monetary penalties.
Continue reading “Dissolving a Limited Liability Company in New York”
Even though corporations are an omnipresent part of day-to-day life in the modern world, many people don’t know what a corporation is, or why someone would want to incorporate their business in the first place.
A corporation put simply, is a legal entity that exists independently of the people who own and run it. Due to what is known as “the legal fiction of corporate personhood,” corporations are treated as legal “persons” for a variety of purposes, most significantly for the purposes of legal and financial liability. In other words, when a business loses money or gets sued, it would normally be the business’ owner or owners that are held responsible for paying off the business’ debts or paying for any legal judgments. However, when a business is incorporated, those losses and judgments are generally incurred by the corporation, not the owners, and so the owners generally aren’t held responsible if the company can’t pay for everything and goes bankrupt.
Continue reading “Why Incorporate?”
No matter what type of business one may have, protecting the business’ confidential information is crucial. Whether it be during the initial startup, bringing in investors, or in conducting other commercial matters, there are many ways a business’ confidential information can be exposed. One way to limit the release of confidential information is through the use of a non-disclosure agreement (NDA). A good practice for any business is to have each individual sign a non-disclosure agreement before speaking about a possible business relationship. Such an agreement will help prevent them from disclosing or using your information while also allowing you to speak openly with them. Continue reading “What to Consider in a Non-Disclosure Agreement”
On June 4, the U.S. Supreme Court ruled in favor of a Colorado baker who invoked his religious rights and refused to make a wedding cake for a same-sex couple in Masterpiece Cakeshop v. Colorado Civil Rights Commission. The ruling was 7-2. However, the court’s decision did not resolve the larger issue of whether or not business owners can refuse service to lesbian, gay, bisexual, and transgender (LGBT) individuals based on religious beliefs alone. Continue reading “Supreme Court Rules in Favor of Business in Same-Sex Wedding Cake Matter”