5 Steps to Take When Winding Down Your Business

Rincker LawBusiness/Commercial Law

There are many reasons business owners close up shop, including retirement, starting a new venture or, hopefully, because they’ve won the lottery.  No matter what the reason, it’s important to diligently wind down a business before moving on. Here are five steps to take: Reach consensus. If you’re a sole proprietor, then the only consensus you need is your own.  …

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Laws, Rules, & Regulations That May Not Apply To Small Businesses

Rincker LawBusiness/Commercial Law

An extraordinary number of laws, rules, and regulations govern businesses and their employees.  A small business, however, may be exempt from one or more of them depending on its number of employees. For example: Discrimination Laws. Small businesses may be exempt from Title VII, the ADA and the ADEA: Title VII. Title VII prohibits employers from discriminating against employees on …

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Are Your Trade Secrets Really Safe? 4 Steps To Safeguard Your Competitive Edge

Rincker LawBusiness/Commercial Law, Intellectual Property, Trademarks

A trade secret is a piece of information which is confidential, can be legally protected, and gives your company a competitive edge.  Lots of the most famous examples involve recipes: the formula for Coca Cola, McDonald’s Big Mac “secret sauce”, or that Mrs. Field’s chocolate chip cookie recipe that caused such a legal stir in the 90s.  But you don’t …

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5 Reasons Your Single-Member LLC Needs an Operating Agreement

Rincker LawBusiness/Commercial Law

An operating agreement is a contract that controls your LLC’s operations as well as member interaction with each other and with the LLC. You may think that an operating agreement is not necessary for your single-member LLC – after all – why make an agreement with yourself? Is the Operating Agreement a Legal Requirement?  Most states don’t require an LLC …

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Follow This 8 Point Plan When Starting Your New Business

Rincker LawBusiness/Commercial Law

Starting a new business can seem overwhelming – especially when you’re doing it alone.  Creating a business plan will allow you to refine incomplete ideas, address areas you may have not yet considered, create a map so you know what to do next, and increase credibility for bank loans or investor funding. While you may think you’ve got your business …

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Independent Contractor or Employee: It’s Very Easy to Cross the Line

Rincker LawBusiness/Commercial Law, Employment Law

Many businesses prefer to hire independent contractors because there’s often less overhead and fewer expenses (i.e. taxes). However, classify an employee as an independent contractor and you’re in big trouble. Here’s how to legally differentiate between the two. Who Controls the Worker? This question is not always easy to answer.  According to the U.S. Internal Revenue Service (IRS), evidence of …

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Business Law: Letters of Intents v. Term Sheets

Rincker LawBusiness/Commercial Law

A letter of intent is used in many types of businesses to list the terms of a proposed deal between prospective parties. While the letter of intent is usually signed by both parties, it contains language stating that this letter does not create a binding obligation on either party. Despite this fact, there has been a great deal of litigation …

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Chart on Illinois Business Entities

Rincker LawBusiness/Commercial Law

This helpful chart for Illinois business entities was used for a speaking engagement last spring with Illinois Farm Bureau. It illustrates some of the major differences among different choices of business entities in Illinois including but not limited to sole proprietorship, general/limited partnerships, limited liability companies (including series LLC’s), and corporations. I’m a visual person so I love charts and …

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Choice of Business Entities For Illinois Farmers & Agri-Businesses

Rincker LawBusiness/Commercial Law, Food & Ag Law, Speaking Engagements

[slideshare id=90556988&doc=businessentities-180313203829] I’m looking forward to speaking on Friday at the Women in Ag Conference in Rock Island, Illinois on choices of business entities.  The above presentation gives a nice overview of various choices in Illinois including sole proprietorships, partnerships (general and limited), corporations, limited liability companies, etc.

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Business Law: General Release for Video-Tapped Testimonials

Rincker LawBusiness/Commercial Law

My office just drafted a simple general release form for an agri-business client seeking permission to videotape client testimonials and use the recordings online.  I think it’s a great idea to have a simple consent form to use for these types of situations where video-taped, audio-recorded and/or written testimonials are used in marketing materials.  I suggest having language about the …

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Amazon Suspension Prevention

Rincker LawBusiness/Commercial Law, Food & Ag Law

There is an Amazon coach in my BNI Chapter and through my conversations with him, it’s come to my attention that entrepreneurs selling on Amazon.com run a risk of robots flagging something in their account and suspending it.  In a sense, Amazon will suspend accounts and “ask questions later.”  I regularly order goods from Amazon (pretty sure my postman thinks …

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Tips for Running a Family Biz

Rincker LawBusiness/Commercial Law, Family/Matrimonial Law, Food & Ag Law

I was having my “Miracle Morning” this morning and catching up on the the news.  I came this article in USA Today by Rhonda Abrams titled “8 Keys to Running a Family Business.”  When I hear “family business,” I cannot help but think about multi-generational food and agriculture businesses.  Here are Rhonda’s tips: Decides who does which job.  Like a …

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