Is My Electronic Signature Valid?

Cari Rincker Business Law, Business/Commercial Law Leave a Comment

Some of us remember when, to sign a document, it was necessary to print out the form, physically sign it, scan the signed document, and then send it as an email attachment. Electronic signatures have made this process all but obsolete. Nowadays, for most transactions that require us to sign our name, we can apply a digital signature that satisfies …

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Legal Considerations for Buying an Existing Business

Cari Rincker Business Law, General Leave a Comment

Some entrepreneurs love the challenge of starting a new business and creating everything from scratch. However, that may not be the best approach for everyone. Buying an existing business can eliminate the initial legwork of establishing a customer base, training employees, and securing start-up funding, but it is not without its own challenges. As a prospective business buyer, part of …

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How Hiring Employees Increases Your Legal Risks

Cari Rincker Business Law Leave a Comment

When hiring a new worker, companies have two choices: bring a new employee on board or hire an independent contractor. One of the main benefits of having employees is that you have much more control over the work they do. You can train them how you want, specify the hours they work, and require them to work only for you. …

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Legal Considerations for Email Marketing

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Small businesses have more ways than ever to reach their audience. Social media, websites and blogs, video campaigns, webinars, and podcasts are just a few of the marketing strategies that you may leverage to drive sales. And while it is good to experiment with new ways of communicating your message, you should not overlook tried-and-true strategies like email marketing. Email …

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What You Need to Know When Advertising Your Business

Cari Rincker Business Law Leave a Comment

The topics of misinformation and disinformation frequently arise in conversations about news coverage. But the question of truth is not just relevant to the media we consume. It is also a significant issue to consider for a business’s advertisements. Truth in advertising is regulated by the Federal Trade Commission (FTC). Regardless of where an advertisement appears—internet, radio, TV, billboard, or …

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Purpose and Profits: A New Emerging Business Structure

Cari Rincker Business Law, Business/Commercial Law Leave a Comment

It is a long-held capitalist axiom that businesses exist solely to make a profit. Typical for-profit corporations are legally required to act in the best interests of their shareholders, which means maximizing profits—often at the expense of other considerations. In fact, failure to focus strictly on profits can expose corporate leadership to shareholder litigation. But this exclusive focus on profits, …

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Voting Rights in LLCs: Who Has a Voice?

Cari Rincker Business Law, Business/Commercial Law Leave a Comment

On average, 4 million new businesses are started each year in the United States. Many of those businesses are organized as limited liability companies (LLCs). Combining the benefits of a corporation and a partnership, an LLC protects its members’ personal assets from business liabilities, avoids double taxation, and provides flexibility regarding its operations, management, and financial and voting rights. While …

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Legal Considerations in the Hiring Process

Cari Rincker Business Law, Business/Commercial Law, Employment and Labor Law Leave a Comment

You are probably aware of employment laws that could create liabilities if your company fails to comply with them. However, even before a person becomes an employee, certain antidiscrimination laws protect them during the application process. Most employers must comply with employment laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Your state, county, city, or town may also …

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Considering Bankruptcy for Your Small Business? Here Is What You Need to Know

Cari Rincker Business Law, Business/Commercial Law Leave a Comment

Starting a small business entails significant risk. You forego the security of a steady paycheck to create economic opportunities for yourself. Business failure rates have remained steady over the years, but the statistics are pretty daunting: by the five-year mark, around half of small businesses have failed. While the reasons for small business failure vary, it almost always comes down …

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Should My Business Use Arbitration Clauses?

Cari Rincker Business Law Leave a Comment

Arbitration provisions, which allow legal disputes to be settled outside of the court system, are increasingly found in contracts of all kinds, including employment contracts. A series of court rulings over the years has spurred the increased use of arbitration clauses. Around one-half of American workers are now subject to mandatory arbitration, although a recently passed federal law makes them …

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What Is the Difference between a Trust and an LLC?

Cari Rincker Business Law, Estate Planning Leave a Comment

Trusts and limited liability companies (LLCs) are both legal vehicles that can be used to manage and protect assets, minimize taxation, and avoid probate. Whether a trust or an LLC is a better choice may depend on the type of asset, but you do not necessarily have to choose between the two. In fact, an LLC can be placed in …

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How Do I Obtain a Business Loan?

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Small businesses are the backbone of the US economy, accounting for nearly half of the country’s economic activity, creating two-thirds of new jobs, and driving innovation—and business loans are the backbone of small business growth. Lenders provided over $644 billion in small business loans in 2019, according to the Small Business Association (SBA). The most common reasons why businesses borrow …

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