Business Law – Schwartz Law Firm

Published On - April 7, 2021

Brandon Business Law, Company Formation, UncategorizedTags: c corp, entity, llc, partnership, s corp

WHAT IS THE RIGHT TYPE OF ENTITY FOR MY BUSINESS?

That all depends. The type of business, tax consequences, liability protections, and goals all impact what type of entity will provide your business with the ability to meet your goals. It is important to take the time to discuss what your business will be doing, how it will be doing it,...

Published On - March 31, 2021

Brandon Business Law, Business LitigationTags: claim, misappropriation, trade SECRET

WHAT IS A “TRADE SECRET”?

When an employment/independent contractor relationship ends, there are certain considerations on next steps for both the company and individual. We talked earlier about non-competes and the implications of the same. Another issue that often arises is what to do with the information an em...

Published On - March 17, 2021

Brandon Business Law, Company FormationTags: corporate veil, protecting business, series

Steps to take to avoid veil-piercing claims against your business.

Earlier, we posted about what piercing the corporate/limited liability company (“LLC”) veil means. Today, we are providing tips to take to avoid veil piercing claims against your business. Piercing the corporate veil generally becomes an issue when the entity is being sued and the plaintif...

Published On - March 10, 2021

Brandon Business Law, Shareholder DisputesTags: Corporate, corporate veil, court, liable, owner, piercing

WHAT IS PIERCING THE CORPORATE VEIL?

If you own a business, undoubtedly you have heard the phrase “piercing the corporate veil” or you may have wondered whether you could personally be held liable for the debts or obligations of the business. Piercing the veil (which also applies to limited liability companies) is the method ...

Published On - February 24, 2021

Brandon Business Law, Business Litigation, Family LawTags: divorce

WHAT HAPPENS TO MY BUSINESS IN A DIVORCE?

Going through a divorce is difficult. Going through a divorce when you are a business owner adds another liar of emotional and financial stress to the equation. So what happens in Minnesota when a business owner goes through a divorce? Under Minnesota law, martial property must be equita...

Published On - February 17, 2021

Brandon Business Law, Business Litigation, Company Formation, Shareholder DisputesTags: Business, litigation, owners

COMMON CAUSES OF LITIGATION BETWEEN OWNERS

The reasons triggering a dispute between owners are never the same. Having handled several member and shareholder litigations, none of the disputes started the same way or involved the exact same circumstances. There are, however, some common themes that often times lead to a dispute bet...

Published On - February 10, 2021

Brandon Business Law, Business Litigation, Company FormationTags: Business, buy out, leaving a company

Calculating the value of your business when it comes time to part ways.

One of the hardest decisions a small business owner has to make is parting ways with the business they have dedicated blood, sweat, tears and treasure to build and/or grow. The difficulty of this decision is compounded if there is not an agreement with the other owners as to how to calculate a...

Published On - February 3, 2021

Brandon Business Law, Company FormationTags: ccorp, llc, partnership, scorp

FORMING A BUSINESS: Starting with the basics

Often times a client will come to us with a type of business entity in mind that they want to form. Other times a client knows that they want to form a business entity, but has no idea what type to form. Complicating the determination is trying to look down the road months or years [&hel...

Published On - January 27, 2021

Brandon Business Law, Company FormationTags: llc, new business, partnership

TO FORM OR NOT TO FORM A BUSINESS

Starting your own business and working for yourself can be one of the most rewarding professional experiences that you can have. Entrepreneurs know the undeniable feeling of glee in building something from scratch and bringing an idea in their head to fruition; whether that be offering services or...

Published On - January 20, 2021

Brandon Business Law, Company Formation, Shareholder DisputesTags: governing documents

GOVERNING DOCUMENTS FOR YOUR BUSINESS

We previously posted about the pitfalls of not having internal governing documents for your business or failing to follow such documents. But what is the internal governing document for your business? If you already formed your business, hopefully, you took the time and made the effort to prepar...

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