Are your LLC Interests Actually Securities?

Rincker LawBusiness/Commercial Law

Securities law is a complex minefield that terrifies even the most seasoned lawyers. As a small business owner, it is your responsibility to make sure you’re complying with all the securities laws, both federal and state, that may apply to your business. Most people think that only corporate stock qualifies as securities, but did you know that LLC ownership interests …

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The Employee Handbook: The Holy Grail of Your Business

Rincker LawEmployment Law

Employee handbooks address the who, what, where, why, and how of your business operations.  Your employee handbook will protect you and your business by setting appropriate expectations, and providing consistency for your employees when situations arise. What Information Should an Employee Handbook Include?  Ideally, employee handbooks address anything significant related to your company, employees, operating policies, and applicable laws – …

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Debt After Death: Why You Should Think About It When Estate Planning

Rincker LawEstate Planning

If you carry debt, do not assume that your death or incapacity will make it automatically disappear. To the contrary, the money you owe may eat away at the assets you were planning to leave to your heirs or — if you owe a large amount of money — may wipe out your estate completely. Debt comes in many different …

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Episode #2 of Ag Law Today: Employment Contracts

Rincker LawAg Law Today, Food & Ag Law, Podcasts

Podcast #2 of “Ag Law Today” is now live!  Listen to MMA Lawyer, David Fish, talk about employment law contracts.  David had a great common sense approach to life and business.  Hear his words of wisdom here. Share this Article

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Illinois Family Law: Supervised Visitation

Rincker LawFamily/Matrimonial Law

Supervised visitation requires the presence of a third party during parenting time. 750 ILCS 5/600(m).  This restriction on parenting time can only be imposed after a hearing where the court finds the child’s physical, mental, moral or emotional health is “seriously endangered.”  This is not as a strict a restriction of termination of parental rights.  Instances where supervised visitation may …

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I’m Starting a New Business – Should I Use an LLC (Taxed as a Partnership) or an S Corporation?

Rincker LawBusiness/Commercial Law

Entrepreneurship has been called the new American dream. Hanging a shingle starts with an idea that develops into a business plan, but not without careful financial and legal considerations. Among the decisions that new business owners grapple with is whether to form a limited liability company taxed as a partnership (LLC) or a corporation making an S election (S corp).* …

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Business Trademarks: What’s Really in a Name?

Rincker LawBusiness/Commercial Law, Intellectual Property, Trademarks

 If you’re thinking of starting a business (or already have a business in the works), make sure that the name you use is not already taken.  Original names are essential for three reasons:  marketing power, clarity, and trademark infringement avoidance.  For example, if you’ve decided to open a coffee shop, it’s fairly easy to determine that the name “Starbucks” is …

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5 Things Every New Mother Needs to Know About Wills

Rincker LawEstate Planning

As a new mother, you naturally want to ensure your new baby’s future in every way. For many new mothers, infancy is a time for celebrating new life, and making a will is the last thing on their minds. For others, the process of bringing new life into the world sparks intense feelings of wanting control and needing organization. Regardless …

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Ask Cari: What Licenses/Permits are Required at the New York State and Federal Levels to Import and Wholesale Wine?

Rincker LawWine Law

New York requires the “Federal Wholesaler’s Permit” and “Federal Importer’s Permit” in order to be a wholesaler or importer.  These two distinctions are obtained via the Federal “Basic Permit,” guided under the Alcohol and Tobacco Tax and Trade Bureau (“TTB”).  There is no separate application for New York State.  On the Federal level, the TTB requires the “Basic Permit”, which …

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Ask Cari: What Does “At Will Employment” Mean?

Rincker LawBusiness/Commercial Law, Employment Law

The term “at will employment” may be interpreted many ways by a lay person, but it is actually a legal term meaning that either party (employer or employee) may terminate employment at any time without notice for any reason (with limited exceptions), unless there is a contract stating otherwise.  However, a contract may modify that by wording such as “I …

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Illinois Family Law: Termination of Parental Rights

Rincker LawFamily/Matrimonial Law

A parent very rarely completely loses parental rights altogether; however, it does happen.  The court has to find that the parent is unfit to terminate parental rights. 750 ILCS 50/1.    Instances where parental rights were terminated include the following examples (case citations are provided): People v. Ferrell, Ill.App.3d 1110 (4th 2002)-Mother’s parental rights terminated where mother had chronic schizophrenia that …

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