Common Pitfalls in Family-Owned Businesses

Cari RinckerBusiness/Commercial Law Leave a Comment

Your family and your business are two of your top priorities. You would not do anything to compromise either of them. But working with family members in a family-owned business presents unique challenges that can cause lasting damage to both if not properly managed. Family-owned businesses are capable of the same success as any other business. Walmart, Chick-fil-A, Comcast, Carnival, …

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Business Trusts 101: What Entrepreneurs Should Know about Using a Business Trust

Rincker LawBusiness/Commercial Law, Estate Planning Leave a Comment

Trusts are usually associated with estate planning, but trusts can also apply to business operations. As a small business owner, you can hold the business in a trust instead of using a business entity such as a limited liability company (LLC) or corporation. Business trusts offer several potential benefits—and drawbacks—compared to a traditional business structure. Understanding their pros and cons, …

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What Happens to Your Business When You Die

Rincker LawBusiness/Commercial Law Leave a Comment

You spend a significant part of your life building your business, and it becomes a major part of your legacy. But when you die, everything you have built could fall apart if you have not taken the time to create a business succession plan. Without a plan in place, your business’s fate may be decided by a court instead of …

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Meeting Minutes: What They Are and Why Every Business Needs Them

Rincker LawBusiness/Commercial Law Leave a Comment

When starting a business, many entrepreneurs jump immediately into day-to-day operations. They often struggle to make time to develop systems for documenting how decisions are made. However, failing to keep a written record of the factors that lead to business decisions can increase the risk of liability if things ever go awry. As a result, it is best practice for …

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Ask Cari: How do I Legally Terminate an Employee?

Rincker LawBusiness/Commercial Law, Employment and Labor Law Leave a Comment

Most small business owners will occasionally have to face the unpleasant task of firing an employee. Small businesses, in particular, rely heavily on each employee. An underperforming employee may not only lower the morale of other employees who have to pick up the slack, but may also jeopardize the success of the business.  When an employee must be terminated, it …

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4 Steps to Ensure the Enforceability of E-Signatures

Rincker LawBusiness/Commercial Law Leave a Comment

More and more, transactions between small businesses and their customers, vendors, and service providers occur online rather than on paper. Yet some feel uneasy about the enforceability of these electronically-signed documents. Is an electronic signature as valid as a conventional handwritten signature? Under state and federal law, e-signatures are recognized as valid and enforceable: Most states have adopted the Uniform …

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Community Engagement and the “Good Guy” Escape Hatch

Rincker LawBusiness/Commercial Law Leave a Comment

Almost everyone wants to be the good guy. Engaging your business in the local community through volunteerism and charitable giving can have a positive impact both on your business and in your community.  The more public-facing your business is and the larger your staff grows, the more opportunities your business will have to be the good guy as employees and …

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Are your LLC Interests Actually Securities?

Rincker LawBusiness/Commercial Law Leave a Comment

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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Business Trademarks: What’s Really in a Name?

Rincker LawBusiness/Commercial Law, Intellectual Property, Trademarks Leave a Comment

 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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Follow This 8 Point Plan When Starting Your New Business

Rincker LawBusiness/Commercial Law Leave a Comment

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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Illinois Employment Law: Sick Leave

Rincker LawEmployment Law Leave a Comment

Illinois does not require employers to provide sick day benefits to its employees, either paid or unpaid.  However, Illinois, of course, is subject to the Family and Medical Leave Act-a federal law. In Cook County and Chicago, effective July 1, 2017, there is a sick leave “ordinance” that goes into effect 180 days after employment begins.  This must be posted …

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Choice of Business Entities For Illinois Farmers & Agri-Businesses

Rincker LawBusiness/Commercial Law, Food & Ag Law, Speaking Engagements Leave a Comment

[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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