Tag Archives: small business

Do Small Business Owners need Corporate Counseling?

If you own a small business, is corporate counselling right for you? The short answer is yes. Business law is complex and you will need support in navigating a variety of situations. Your expertise is your business, products, services and customers. A business law attorney has specific knowledge about legal situations that you may not understand without corporate counseling.

Many small businesses put off contacting a business law attorney until they already have a serious problem. It’s important that you know how to address legal issues and make the right decisions for your company and employees.

Most small businesses don’t have a copyright policy in place. That can lead to an unintentional legal situation. Employees often don’t understand the intricacies of copyright law and can unknowingly commit violations. A business law attorney can assist you in creating copyright guidelines that are clear and well-defined to guide employees.

corporate counselingOther common business law issues for businesses include employee relations, human resources and employee policy. Small businesses rarely have a dedicated human resources department and problematic issues can easy be overlooked. These include fair hiring practices, proper termination procedures and sexual harassment issues. Often, small businesses do not have clear or well-formed employee policies. Some companies don’t have anything written down to guide employee and management behavior. Without these policies, issues can easily arise. A business law attorney can review your practices and policies and advise you on how to improve these issues. Some companies hire a business law attorney to help draft employee manuals that make policies and procedures as clear as possible. This can help you avoid awkward or difficult situations.

A business law attorney should be involved when the company or entity is formed. It’s important that the right kind of entity is formed. These include corporations, partnerships and LLCs. An LLC needs an operating agreement. Partnerships need partnership agreements. Corporations need appropriate bylaws. You’ll need to work with the attorney to make decisions around the formation of your company. If you do not form the right kind of entity and draft agreements or bylaws properly, you could have significant problems down the road.

What are the Most Common Unfair Business Disputes and Practices?

Unfair business disputes and practices are a serious concern for any business. These issues can cost the business serious time and money. The best way to protect yourself and your company is to work with a qualified business law attorney who can advise you about common unfair business disputes and practices. This will protect your company from being on either end of a lawsuit. A business law attorney can also review your company’s practices to ensure that you do not unintentionally fall afoul of regulations.

business lawUnfair business practices include a variety of issues. These include misrepresentation, fraud, oppressive acts and unconscionable acts committed by businesses. A business law attorney can explain the different areas in which these types of business disputes can arise. Unfair business practices can involve debt collection, insurance claims and settlement, tenancy issues and the purchase of products and services by customers. Not all of these will apply to your particular business, but it’s important to consult with a business attorney if you have concerns about any of these issues. These issues can involve punitive damages and payment of legal fees although these types of business disputes are often settled out of court.

Each state has put in place its own business practice statues. That’s why it’s important to work with a business law attorney who has expertise in your state. The statues outline specific practices which constitute unfair practices. Some of the guidelines are designated by the Federal Trade Commission (FTC). Many of these practices are not commonly thought of as unlawful but they violate public policy. These include unethical, immoral and oppressive behaviors that harm consumers or other businesses.

There are a variety of unfair business practices that include pyramid schemes, violating the terms of a warranty, billing fraud, bait and switch tactics, overcharging, fraud and misrepresentation. Other practices may include misleading advertising, violating unfair competition regulations and other related business law violations. A business law attorney can help support your business whether you are a victim or the accused in a business dispute. It’s important to contact your attorney quickly when one of these issues arises so that you can take the appropriate action as soon as possible.