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Two issues frequently faced by start-ups are that of intellectual property and the legal structure of the business. There exists a number of different business structures that differ in several important aspects. Some of the more common business structures are: sole proprietorship general partnership limited partnership limited liability partnership corporation (including S corporations) professional associations [...]
When starting a company, many entrepreneurs believe that the end justifies the means, and may be lax about fulfilling obligations to former employers. However, the fastest way to put a startup out of business is to sue it for violating duties to a former employer. Even if no duties were breached, such a lawsuit could [...]
Ways to Reduce Legal Costs Once a small company having no in-house legal staff finds itself in litigation, it already has lost since the legal fees it pays may be large with respect to the company’s size. In the U.S., losers do not have to pay the winner’s legal fees, except in the case of [...]
Sources of Law Constitutional Law is based on a formal document that defines broad powers. Federal constitutional law originates from the U.S. constitution. State constitutional law originates from the individual state constitutions. Statutes and Ordinances are legislation passed on the federal, state, or local levels. Common Law is based on the concept of precedence – [...]
From business structure to taxes, there are numerous legal issues to address when starting a company, many of which can bring a promising start-up to a grinding halt if the proper steps are not taken. The following four issues most frequently cause problems. Trademarks : Register your trademark. Simply reserving a domain name does not [...]
An employer is strictly liable for the sexual harassment of its supervisors and agents in the workplace under the California Fair Employment and Housing Act. In contrast, if the harasser is a co-worker, not a supervisor, then a victim must show the employer knew or should have known about the co-worker’s harassment and failed to [...]
Bullying and harassment in the workplace have been hitting the headlines in recent weeks. It appears that this little reported problem is in fact a growing issue in UK workplaces with many employees having spoken out following allegations of bullying in the Prime Minister’s Office. UK employment law states that every employee has the right [...]
Workplace discrimination affects people of all backgrounds: people of all ethnicities, genders, ages, and religions can face discrimination at work simply because of their background. But this type of discrimination is illegal. If an employer has refused to hire you, fired you, or denied you promotions on the basis of factors like your ethnicity or [...]
In any work environment, legal issues whether with the employees or the employers are bound to arise and hence the need for expert advice for either. Due to the increasing rate of work related cases, lawyers have a plan to solve issues raised by both employers and employees. Realizing that the employment sector has its [...]
With the recent economic recession, many businesses are opting to downsize. Whether that entails budget cuts, expansion holds, or large scale layoffs, many employers are still struggling to stay afloat. If you have been the unfortunate victim of a company-wide layoff, your employer may offer you a severance package. Although seemingly well intended, some severance [...]