Archive for 'Legal'

Do You Need an Operating Agreement?

Issue: July 2011 by .

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The Commonwealth of Virginia has made do-it–yourself business formation easier than ever before. The Virginia State Corporation Commission even provides fill-in-the-blank forms for articles of organization and most other business registration related activities. However, they do not provide any forms for operating agreements, so many new business owners proceed without one. While your business can [...]

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Protecting Yourself from Fraud

Issue: June 2011 by .

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Unfortunately, I am sometimes called upon to deal with the legal fallout after someone has become a victim of fraud. These days, fraud usually involves either identity theft or some type of Internet scam because the scammer can strike from a distance, reducing the chance of being caught. Once a client becomes a victim of [...]

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Protecting a Family Business

Issue: May 2011 by .

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As anyone with siblings will tell you, family matters can be difficult. That difficulty is magnified when family matters are combined with business decisions. For this reason, people often refuse to do business with family members. However, others have found that if difficult issues can be resolved, then family businesses can be very successful. Though [...]

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The Rules for Starting a Nonprofit Organization

Issue: April 2011 by .

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My law firm does a tremendous amount of work with nonprofits. We offer a wide variety of legal services, including policy development, tax planning and legal defense. However, the service we perform most often is initial corporate formation. As part of that formation, it is my job to help guide clients toward success. Here are [...]

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What’s in a Name? How to Legally Change Your Name

Issue: March 2011 by .

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When someone asks me about changing his or her name, I cannot help but think about the movie Catch Me if You Can. I imagine Leonardo DiCaprio’s portrayal of the infamous Frank Abagnale, Jr., who, before his 19th birthday, successfully conned millions of dollars by changing his name to pose as a pilot, a doctor [...]

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Planning for Pet Care Upon Your Death or Disability

Issue: February 2011 by .

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When Leona “The Queen of Mean” Helmsley died in 2007, she made national news and sent shockwaves across the legal community by leaving her dog, Trouble, a $12 million portion of her estate. The money was left in a trust fund for the dog’s care, and was branded 3rd in Fortune’s “101 Dumbest Moments in [...]

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Employee or Independent Contractor: The Dangers of Misclassification

Issue: January 2011 by .

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As the end of the year is upon us once again, most business owners will begin thinking about the tax consequences of the decisions they will be making in 2011. A huge part of the tax burden that is shouldered by business owners comes in the form of employment related taxes.  Employers often spend a fair [...]

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Negotiating a Commercial Lease

Issue: December 2010 by .

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You have your business plan, your starting capital and you have chosen a name for your new business. Now all you need is a storefront or office, and that typically is going to involve negotiating a commercial lease. Fortunately, with the recent downturn in the real estate market there is no better time to look [...]

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Cybersquatting: Prospecting in the 21st Century

Issue: November 2010 by .

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As anyone in business knows, web presence can make or break a company. As technology has continued to advance, web presence has become an emergent industry of its own, consisting of graphic designers, marketing firms, website optimizers, website hosting and many others. Cybersquatters lurk at the bottom of this industry, like modern day gold prospectors, [...]

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Confidentiality and Privilege: What Does it Mean?

Issue: October 2010 by .

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Confidentiality and attorney-client privilege are two of the most misunderstood terms in my business. The two are related, yet very different, and most people don’t know the differences or how they apply. For instance, everything that falls under the attorney-client privilege is confidential; however, everything that is subject to the attorney’s duty of confidentiality is [...]

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