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Questions in "Legal" Category

When should I purchase the assets of a company rather than the stock?
What do I need to know about Express Warranties regarding my eBay or other online auction?
What are warranty disclaimers on eBay and other auctions?
When offering items on online auctions, what should I consider when spelling out my refund and return policy in the Terms and Conditions section?
What do I need to know about Implied Warranties in relation to online auctions?
Can I sell an item on eBay if it is illegal in the United States but not in other countries?
What determines fraud and how can I avoid it with my eBay or other online auctions?
How important are the 'Terms and Conditions' that an online auction seller publishes as part of the offering experience for potential buyers?
Should I warn potential buyers that they may have to pay state use taxes on their winning online auction bid?
Do I need to include a sales tax statement in the Terms and Conditions section for an online auction item?
Can I sell 'knockoff' or counterfeit merchandise on eBay or other online auctions?
Can I use a photo someone else has taken for my advertisement on eBay or other online auction?
What are my obligations as an online seller regarding disclosing the condition of items to be sold?
When providing merchandise for an online auction, should I disclose every defect, problem, fault and flaw that I know about?
What does compensation mean?
How long should tax returns be kept?
What is the definition of basis in tax considerations?
What is sufficient evidence to support charitable contributions?
What is depreciation?
Will I have to have an appraisal for the real estate I want to purchase with a loan from my bank?
What does the term "due diligence" mean and how would it apply to my small business?
How do we structure our business so that we can attract investors, but still maintain control of the company?
What is the definition of "write-up"?
What is a "trade secret"?
What is a "promissory note"?
What is "employee leasing"?
What is the definition of "due diligence"?
What is the definition of "controlling interest"?
What is the definition of "certified public accountant (CPA)"?
What is the definition of "business liability insurance"?
What is the definition of "arbitration"?
What is the definition of "wholly owned subsidiary"?
What is the definition of "usury"?
Why would a business use a DBA designation?
How does the arbitration process work?
What is the definition of "workout"?
What is the definition of "doing business as (DBA)"?
What is the definition of a "buy-sell agreement"?
What is the definition of "at-will employment"?
What is the definition of "asset purchase agreement"?
What is the definition of "arbitrator"?
What is the definition of "annuity"?
How do we protect our ideas when making a proposal to a larger company?
What is the definition of an "adjustable-rate mortgage (ARM)"?
What is the definition of "accredited investor"?
How long should I maintain tax related records?
What does the IRS apply a statue of limitations for keeping records?
What are the different approaches to appraising real estate and how are they used?
What is a fiscal year?
What is a "real estate appraisal?"
What is the definition of "implied warranty"?
What is the definition of "bill"?
What is the definition of "adhesion contract"?
What is an account statement?
What is the definition of "blanket order"?
What is the definition of "bill of sale"?
What is the definition of "bill of lading"?
What is the definition of an "arm's-length transaction"?
What is the definition of "waybill"?
What is the definition of "white-collar crime"?
What is the definition of "warranty"?
What is "real estate"?
What is the definition of "express warranty"?
What is the definition of "bad-debt recovery"?
What is the definition of "backdating"?
What is the definition of "appraisal"?
What is the definition of an "advisory board"?
What is the definition of "actual damages"?
What is the definition of "abrogate"?
What are types of stock in a small business corporation that can be issued without voting rights?
What are the product safety reporting requirements that apply to small businesses?
How can I trust a virtual assistant with confidential information?
What are the legal consequences of what I write in an email?
What are the key parts of a non-disclosure agreement?
What are confidentiality or nondisclosure agreements?
How do I minimize future contract disputes with clients who use my professional services?
What is a non-disclosure agreement?
What is a non-compete agreement or clause?
Am I taxed on business equipment bought on the Internet from another state?
What are some examples of entries that might be included in a small business' corporate minutes?
What is the most common complaint that clients have with regard to their attorney?
What is a leveraged lease?
What is a noncompete clause in a contract?
What requirements does the Fair and Accurate Credit Transactions Act impose on an employer?
What must a business do if a prospective employee is not hired as a result of a credit check?
What kind of notice must be given to the employee when conducting a credit check?
Should an employer who is conducting credit checks for prospective employees define a policy to guide this procedure?
Are there any limits on how an employer may use credit information?
Is it better for an employer to use a records disposal service instead of disposing in-house?
What is the Fair and Accurate Credit Transactions Act?
What organizations are covered by The Fair and Accurate Credit Transactions Act?
What is the Fair Credit Reporting Act?
What is required of an employer in the event an employee is called for jury duty?
How long of an absence must be granted by an employer to an employee for military leave?
What hazardous jobs are children under the age of 18 prohibited by law from performing?
What are the issues when an employee notifies me of receiving orders for military service?
What is an asset purchase agreement and how is it used?
What is a mutual nondisclosure agreement?
What is Chapter 11 business bankruptcy?
What is Chapter 7 bankruptcy for business?
What is an architect's lien?
How can I deduct uncollectible debt?
What is a lien?
What is an artisan/laborer's lien?
What is a Garageman's lien?
What is a judgment lien?
What is a landlord lien?
What is a maritime lien?
What is a mechanic's lien?
What is a warehouseman's lien?
What is an equipment lease?
What's the difference between trip cancellation insurance and trip cancellation waiver?
What are negative issues with having two classes of stock -- voting and non-voting -- for a family business?
How can the stock in a family business be split when some members are involved in the business and some are not?
What are prohibited transactions in a retirement plan?
What is casualty, for insurance purposes?
Can you deduct a loss in your business due to casualty damage or theft?
What are some examples of casualty damage, for insurance purposes?
What is a definition of theft, for insurance purposes?
In starting a small publishing company, is it better to use a DBA or an LLC under Louisiana law?
Beyond paying them, what other financial responsibilities do I have to my employees.
What legal aspects do I need to consider when starting a business?
Should I get an internet domain name to match my business name even if I don't have a website yet?
How can I get a business credit card without giving a personal guaranty.
Can I establish business credit as a sole proprietor using my Employer Identification Number (E.I.N.)?
What is a surety bond agent?
What professional team members should be I be talking to when starting a business?
When should a sole proprietor consider incorporating?
Can a bank be the executor of a business trust fund where capital is raised online?
What is a financial lease?
Are there any legal restrictions to operating a business out of my home?
Before beginning work on a professional service project, do my client and I need to sign a formal contract?
Do I need to incorporate my independent professional service business?
What rights does an employee have who was called to active military service and while deployed, sustained disabling injuries.
What re-employment rights do military veterans have upon separation from the military service?
What are the pros and cons of changing from a C corporation to an S corporation?
What do I need to do to develop the bylaws for my new corporation?
What are the fundamental ethics of consulting and other professional services?
How do I know if I qualify as a small business?
What is a Subchapter S corporation?
What is a letter of intent?
When I purchase a business, should I buy the stock in the corporation or the assets?
Do I incorporate my new business as a Sub-chapter S corporation?
In this age of identity theft, does an independent contractor have to give his/her Social Security number to a customer?
What is the best business legal structure to use if I purchase the building in which my small business is currently a tenant?
How long does trademark protection last?
How long do U.S. patents last?
Who grants trade secret protection?
Can I do my own filing to register and protect the intellectual property I've developed?
How long is copyright protection?
I run a restaurant with 10 employees. Is there anything I can do to keep OSHA off my back?
What does it mean to provide a "lifetime warranty"?
If an employee candidate requests to be treated as an independent contractor, should we allow this?
As a small business owner with two employees, what government notices am I required to post, and where?
What is a provisional patent application?
What is a patent prosecution?
How long does it usually take to get a patent?
Do I have to do a patent search before I file a patent application?
Are there some things that may not be patented?
Does a U.S. patent protect an invention internationally?
What does the term "patent pending" mean, and when can I use it?
When a patent is issued to an inventor, how long does it last?
Are there different types of patents?
What is a patent?
What happens when a patent is infringed?
What is a trademark?
What is a service mark?
What is the difference between a trademark and a service mark?
What do I have to do to qualify for a home office deduction?
Do I have to have a business license for my home-based business?
Do I have to have a lawyer and accountant for my home-based business?
How can I help my city's planning board rewrite our local home-based business zoning laws?
Is taking the home-office deduction on my taxes a red flag to be audited by the IRS?
Should I try to establish a credit line for my home-based business?
How can I get credit for the return of an item that was purchased on a cancelled account?
How do I go about purchasing a business that is known to have lots of problems?
What insurance do I need for my home office?
Can I present a U.S. real estate opportunity to investors over the Internet?
What is the fair equity percentage for a partner who has contributed essential technical services, while I put up most of the capital?
How do we get large companies interested in our products?
What should I include in the research and development section of a business plan?
How do I share my business plan with investor prospects when trade secrets are part of it?
What are the key issues to address early on in negotiating a business partnership?
How do we protect our product designs when submitting them to large companies?
How do I register the name of my new business?
Do I need a business license to start a cleanup and hauling business for residential properties?
What are the first steps to starting a new law firm?
What is an exit strategy for investors?
What are the basic parameters of a non-compete agreement given by an employee?
How long is a non-competition clause valid?
What is a "common provision" in a contract?
What are the requirements and benefits of running a paperless office for a law firm with 15 attorneys and 5 support staff?
What are the considerations in forming an LLC vs. an S corporation?
How are partnerships and limited liability companies (LLC) taxed?
What is the tax treatment on S corporations?
Is there a timing issue in choosing to change to a Sub-chapter S corporation status?
What are the shareholder requirements for a C corporation to make the Sub-chapter S election?
What are the circumstances that cause a Sub-chapter S corporation to pay tax, rather than pass it through to the owners?
Sub-chapter S corporations are tax-filing entities, but do they pay tax?
Where are corporations formed, at the state or federal level?
What is a C Corporation?
What are personal service corporations?
What are the tax-year options for a C corporation.
Are personal service corporations subject to different tax rules?
Can retirement plans be rolled over to a 401 (k)?
Does a sole proprietor need an Employee Identification Number (EIN)?
What are some requirements to having a solo 401(k) plan?
What is a tax identification number?
What are some benefits of a 401 (k) plan for the self-employed?
How do I get a Federal Employer Identification Number?
Am I required to maintain financial records for my business?
What are the parameters for establishing a corporation's fiscal year?
What are some factors in choosing a business organization?
Are there different types of business partnerships?
What is a limited partnership?
What is a general partnership?
What are the basic elements of a limited partnership?
What are the basic elements of a partnership agreement?
How is a business partnership formed?
What is my liabilty exposure under a Limited Liability Company?
What is a limited liability company (LLC)?
What is the definition of a sole proprietorship?
What are the requirements to becoming a sole proprietor?
What is my personal liability as a sole proprietor?
What are the most prominent elements of a Limited Liability Company (LLC)?
Why do I have to prove independent contractor status?
What is the advantage of having a sole proprietorship?
What is an independent contractor?
What is the best way to get potential buyers or licensees for my inventions?
How does an inventor make proposals to successfully license their intellectual property?
As a sole proprietor looking to incorporate, which corporate structure should I choose?
What are my collections options when a company takes longer than three months to pay me?
What is the best choice of business entity for a start-up.
Where can we find information about "exclusive distribution" contracts before we establish one with a foreign manufacturer?
Should I purchase a business that has declined due to the owner's personal problems?
I am a farmer whose home, barns, fences, and some of my crops were damage in a storm. Am I eligible to apply for Small Business Administration assistance?
How can I get my records from the Small Business Administration?
What type of businesses are eligible to participate in the Surety Bond Guarantee program?
My business is incorporated in one state, but most of my work is done in another. Which Small Business Administration office would handle my surety bond application?
When starting a business, do I need the protection of a Sub chapter S corporation, or should I just be a sole proprietor?
What is property and casualty insurance?
What are specialty coverages on property and casualty insurance policies?
What are the first steps to incorporate my business?
What is a vertical budget and how is it used in a small business?
How do I find a qualified attorney for my small business?
What is the best way to legally establish a business with two other partners?
Are Internet-based companies subject to any special licensing rules that don't apply to a standard business?
How does the Internal Revenue Service define an independent contractor?
Can a small business get a bank loan at the prime interest rate?
Will I have to sign a personal guarantee for a bank loan for my business?
How do I choose the right business form?
How do I protect my intellectual property from being stolen?
How long does it take to receive proceeds from a disaster assistance loan?
What type of collateral do I need for an SBA-guaranteed loan?
What are the basic requirements an 8(a) applicant firm must meet?
What are the standard business insurance coverages a start-up business should have?
What is a sole proprietorship?
What does DBA mean?
What is the most important element in offering credit terms to customers?
What is the difference between term financing and leasing equipment?
When should I hire a contractor instead of a full-time employee?
Should I offer discount payment terms?
What is business bankruptcy?
Do I need a license to buy wholesale and then sell retail?
Should I incorporate my startup consulting business?
How do I transition from employment to owning a business that competes with my employer?
When do I need a business license?
What are financial covenants?
What is a UCC filing?
Do I have to register my home-based business with the municipality?
Is there anything different about legally structuring a home-based business?
What medical questions can legally be asked of a job candidate?
What is a physical or medical exam?
What are the guidelines for employee drug testing?
What is drug testing?
What is psychological testing?
What is a polygraph exam?
What is employment eligibility?
Is the use of an employment test limited by or subject to employment laws?
What are union pay rates?
What are some of the expanded topics that can be covered in a policy manual?
How can an employer avoid legal exposure when using an employment test?
Is the use of an employment test limited by, or subject to, employment laws?
What is a job offer?
What is the minimum wage?
What concerns should be addressed when establishing a telecommuting work arrangement?
How often should I update our personnel policy manual?
What topics should be covered in a job interview to avoid legal liability under discrimination law?
What are examples of issues that should be defined in a telecommuting agreement with an employee who will work from home?
When conducting an employee interview, what questions should be avoided?
Can I use unemployment payments as seed money to start a new business?
I prefer a flexible management style without a bunch of rules. Why should I define policies?
Is this true that policy information can be used against the employer in a law suit?
What is an "at-will" employee?
What is a labor union?
Since policy information can be used against the employer in a lawsuit, is it better not to have a policy manual?
Should our policy manual be reviewed by a lawyer?
Why should I define management policies if I have a flexible style?
What is the purpose of the Exchange Act?
Where do I get a business license?
Is labor overtime a good strategy to increase profits?
What is the purpose of the "Franchise Fee" charged by franchisors?
Should I consult with a franchise law attorney during the search process, or when I'm ready to make the decision?