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Running a healthy small business is one of the best ways to set oneself up for retirement. An owner who has taken a business from inception to a thriving enterprise generally feels a great deal of pride and, in most cases, wants the business to remain viable after he ceases control and retires. However, business…

One common structure for new businesses is the sole proprietorships. The sole proprietorship is the simplest form of doing business, and is an entity that is owned by one person. If your business will have more than one owner (other than your spouse), you will need to consider a partnership, corporation, or limited liability company.…

External claims made against your business and claims you may bring against another entity are very much a reality of conducting business in today’s environment. Among the many issues that are a part of business litigation are: - breach of contract - non-payment for goods or services - defective or non-performing products - fraudulent business…

Differences Between S and C Corporations If you are planning to form a corporation, it is essential that you choose the right entity for your needs. Numerous options are available, and it is a good idea to consult with a business lawyer as you plan your business and set up the articles of incorporation. The…

A breach of fiduciary duty can bring considerable harm to a corporation. Fiduciaries have access to sensitive financial information of a company. They are expected to take their position seriously, and act with the utmost of integrity and good faith. However, they don’t always live up to such expectations. Obligation of Fiduciaries Fiduciaries are those…

Unfair business competition can take many forms. Some of the more common types of include deceptive advertising, violating covenant not to compete clauses, stealing trade secrets, and engaging in predatory pricing schemes. False or Deceptive Advertising False or deceptive advertising can take the form of competitors misrepresenting their products as yours, or making false claims…

A partnership is created when two or more people go into business together. Preferably, the arrangement is created formally and legally under the guidance of a small business litigation lawyer in the form of a general or limited partnership or perhaps a limited liability company. Sometimes, however, a partnership is created without a clear understanding…

Just as partnerships, LLCs, S-Corps, and corporations are formed by starting a business, so too must these entities be dissolved through a process when it becomes clear the business entity can no longer effectively conduct business operations. Each business entity possesses its own set of rules for a proper dissolution. Partnership There are three steps…

One of the most significant tax advantages to owning a home comes at the back end of ownership, when you decide to sell it for a profit. A homeowner can exclude up to $250,000 of such profit from the federal capital gains tax. For married couples filing a joint tax return, the exclusion jumps to…

“Eminent domain” is the power of the federal, state, or local governments (and, in some limited circumstances, private parties, such as utilities and railroads) to take, or to authorize the taking of, private property for a public use without the owner’s consent and upon payment of just compensation. That right to compensation is rooted in…