Five Considerations Before You Use a Payment Demand Letter

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As a business owner, it is almost guaranteed that you will encounter some variation of the following scenario: You engaged a client and completed fantastic work. The products the client desired were delivered on time with practically no issues. To request the money the client agreed to pay you, you send an invoice or a bill. Unfortunately, your invoice is …

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Why You Need an Employer Identification Number

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There are many essential tasks to complete if you are thinking of forming a new business. An important but often overlooked step is obtaining an Employer Identification Number (EIN). An EIN is a nine-digit federal tax identification number obtained from the Internal Revenue Service (IRS). It uniquely identifies a business entity and serves many purposes for a new company. The …

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Considerations for Forming a Limited Liability Company for Real Estate

Rincker LawBusiness/Commercial Law, Food & Ag Law, Property Law, Real Estate Transactions Leave a Comment

For individuals who own real estate, it is important to consider the best way to structure your ownership. When you are just starting out as an investor in real estate, you may hold title to the real estate personally, but that may not be the most advantageous method of ownership. Another option is to create a limited liability company (LLC) …

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Risky Business: Piercing the Veil and How It Puts Your Business at Risk

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When you create a limited liability company (LLC) or a corporation, the concept of limited liability is one of the key rationales for those entity choices. Limited liability is typically available when you create distinct legal entities that separate your personal assets from your business assets, thereby limiting exposure to liability on both fronts. Even though this is a foundational …

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Staying on Track: What Every Employer Should Know About Tracking a Remote Employee’s Time

Rincker LawEmployment and Labor Law 1 Comment

The COVID-19 pandemic has ushered in a wave of new teleworkers. This shift in the way employers conduct business brings new challenges as they seek to comply with the Fair Labor Standards Act (FLSA) requirement of paying employees for all hours worked. In response, the Department of Labor released Field Assistance Bulletin No. 2020-5[1] (FAB 2020-5) to provide additional guidance …

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Four Things Business Owners Should Know about Trademark Infringement

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

Against the backdrop of globalization and the expansion of online business activity, trademark infringement is on the rise. Most elements of business branding—name, logo, design—are readily available online, making it easier for people to knowingly or unknowingly use the intellectual property of others. As a business owner, you must prioritize both protecting your own trademarks and avoiding infringement of others’ …

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What Happens to a Limited Liability Company After a Member Dies?

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Death is almost always a complicated event for the survivors, who have not only emotional but also logistical considerations to manage. However, when an owner (typically called a member) of a limited liability company (LLC) dies, it exacerbates the difficulties for the surviving members. In addition to bearing the loss, they must determine whether the LLC can or even should …

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Preparing Your Business for an Emergency

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The year 2020 has been a continuous lesson in the need to prepare for the unpredictable. From the pandemic to natural disasters, businesses have faced numerous challenges that could force them to close. The most common emergencies that businesses typically face fall into three categories: Natural disasters such as floods, fires, and earthquakes Medical emergencies such as the current COVID-19 …

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Ask Cari: Should I Use a Confidentiality Agreement?

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Business owners often find it necessary or desirable to keep valuable and sensitive information private. In some instances, a business may have developed certain key elements that help distinguish it from its competitors. In other instances, a business owner may handle sensitive information that a client would not want exposed or that is protected by law. If your business develops …

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Ask Cari: What are Legal Issues to Consider Before Hiring?

Rincker LawAg Extension Education, Employment and Labor Law Leave a Comment

Despite the challenges facing many businesses, some companies are still experiencing growth. If your business is expanding, you may find that it is time for you to make your first hire. As you begin this process, it is critical to note that expansion, while providing a great opportunity to increase productivity and scale, can also expose your business to additional …

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Important Upcoming Compliance Deadlines for Your Business

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Busy small business owners have many tasks on their plates: A significant one is staying on top of important tax and filing deadlines. These important dates may vary depending upon the business’ structure. Here are some of the most critical deadlines business owners may need to meet over the next few months. Federal tax deadlines September 16, 2020 is the …

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