If you lease a store or other business and someone trips and falls outside the building, are you legally responsible? That often depends on what’s in your lease – so this is something you may want to think carefully about when you negotiate. This issue came up recently when a woman named Sabena Beriy fell on what she claimed was a poorly maintained curb outside a P.F. Chang’s China Bistro restaurant. P.F. Chang’s had leased the
You can’t obtain a patent for taking some ordinary process in the real world and coming up with a computer program that makes it easier, according to the U.S. Supreme Court. The decision is important because many companies have been trying to patent their apps and other programs to keep competitors from taking their business away. In the Supreme Court case, a company called the Alice Corporation tried to patent an online system to reduce risk
If you’re using social media to market your business, that’s terrific – but you should be aware that the same legal rules that apply in the “real world” also apply to Twitter, Facebook, Pinterest and other venues. Many companies have rushed into social media marketing plans without considering the legal issues. Here’s a quick look at some of the problems that can result: Improper endorsements. Many social media campaigns solicit endorsements, testimonials and favorable reviews from
The Federal Communications Commission has adopted new rules that strictly limit telemarketing calls and text messages. Businesses can no longer make pre-recorded calls to landline phones, and can no longer send pre-recorded calls, auto-dialed calls, or text messages to cell phones. The only exception is if the business has the “prior express written consent” of the customer. This prior written consent must be very clear, and the customer must be told that providing a phone number
Businesses that perform contracting work at a property are generally entitled to a “lien” against the property to make sure they get paid. This means that if the property owner fails to pay, the contractor can in some circumstances foreclose on the property, have it sold, and collect payment from the sale proceeds. These types of liens can benefit building contractors, laborers, carpenters, plumbers, electricians, architects, engineers, and suppliers of materials (such as lumber yards). Sometimes
There are no federal laws in the U.S. that require businesses to pay workers for sick days. The closest thing is the federal Family and Medical Leave Act, which requires larger companies to offer up to 12 weeks of unpaid leave to workers with a serious medical condition. But some cities and states are beginning to require paid sick time. Connecticut adopted such a requirement in 2012, and bills have now been introduced in the legislatures
Did you know that if more than 50% of the interests in a partnership or a multi-member LLC are transferred within a 12-month period, the entity technically ceases to exist under federal tax law? That’s true even if the business continues to operate as normal for all other intents and purposes. This “technical termination rule” isn’t the end of the world, but it’s something you need to be aware of. For one thing, a special tax
You may have heard that you don’t actually have to register a trademark; you only have to use it in business to have a right to it. That’s true to some extent – but beware! Before investing in a business name, symbol, type of packaging, or any other distinctive representation of your business, it’s worth paying to conduct a trademark search. Sure, you could look around on Google, but that’s not the same thing as a
A lot of companies have a stack of signed non-compete agreements on file, and they assume that they will protect them in the event that a key employee leaves and wants to work for a competitor. But just because you have a signed agreement doesn’t mean it will work the way it’s supposed to. The law concerning non-compete agreements changes frequently, and it’s a good idea to review these agreements regularly with an attorney to make
Now you can download your individual tax returns from the last few years directly from the IRS. This might be very helpful for all sorts of reasons, including applying for certain small business loans. To begin, go to http://www.irs.gov/Individuals/Get-Transcript
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