A recent Inc. article authored by entrepreneur Kevin Daum brought to light one of the most prevalent questions asked by business owners: “How can I avoid being sued?” Although it may seen counterintuitive at first glance, the job of a Creative Business Lawyer™ is to help clients avoid litigation, so one of the best (and…
Asset protection is not something most people think too deeply about. Most of us are busy trying to accumulate assets to give considered thought to consider the importance of protecting what we have. A recent article on The Motley Fool investment website notes that there are a number of things that can harm an investor…
Estate Planning – The Proper Way Downton Abbey – the PBS drama about the fortunes and misfortunes of an aristocratic British family in the early 20th century that has taken American audiences by storm – gets most of its gripping plot twists as the result of a number of bad estate planning moves. For example:…
When you hear the name “Oprah,” you think of one person. Not only because the name itself is so unique, but also because billionaire entrepreneur and media mogul Oprah Winfrey has done such an outstanding job of protecting and promoting her brand. Oprah Winfrey’s Legal Strategies to Follow A recent article at Entrepreneur.com examined the…
Contrary to popular belief, estate planning is not just about money or taxes. Far from it. Today, it’s more about protecting your assets for yourself and your loved ones, achieving your financial goals and safeguarding your health care. Money and taxes aside, here are 7 good reasons you need an estate plan: What to Consider…
One of the biggest risks small business owners take is not properly protecting their personal assets from business liabilities or judgments. In a recent Entrepreneur.com article, Mark Kohler, author of The Tax & Legal Playbook, offered these 8 asset protection strategies for business owners: The Strategies to Protect Your Business Choose the right business structure….
It’s pretty amazing to think of all the things we do online today that would have been unthinkable just a few years ago. But just because you can do something online doesn’t necessarily mean you should. And that certainly applies to fulfilling your company’s legal needs. Here’s What To Look Out For Here are three…
Absolutely! What’s the Catch? Piercing the Corporate Veil: In certain situations, courts can ignore the limited liability status of a company or LLC and hold its officers, directors, and shareholders or members personally liable for its debts. When this happens, it is called piercing the corporate veil. Unfortunately, many people get bad advice. Too often, we receive calls from…
Is Your Living Trust Really Going to Work For the People You Love? Traditionally, one of the primary reasons for establishing a living trust has been to avoid probate. But there are a few more benefits of a living trust that can help you do much more than that if it’s set up right: Asset…
If you are starting a new company or have an unincorporated entity that has grown to the point where protection of your personal assets may be desired, the selection of the proper business entity can be critical to the future success of your business. There are 10 essential questions you need to ask as part…
While many people consider email to be an informal way of communicating, courts have generally held that emails can be considered enforceable contracts even if the intended purpose was for casual negotiation. The Reality of Email Communication In emails or in correspondence, anyone seeking to make an agreement should do the following: If you are…
Estate planning is an ongoing process, and plans should be reviewed with a qualified estate planning attorney every few years to ensure that the goals you set in making your plan are still valid. Successful Estate Planning When reviewing your estate plan, keep these things in mind: Do You Own Your Assets Properly? There is…
Before you consider in a new startup, you should understand that there is quite some distance between a great idea and a great company. As part of your due diligence, perform these reality checks before you spend your savings on starting something new: What to Consider Before Starting Your Business Are you ready for the…
When There’s a Will, There’s Probate One of the most prevalent misconceptions when it comes to estate planning is that if you have a will, it will take care of everything that needs to happen after you die in terms of your assets. But before you leave everything to just a will, consider these circumstances…
There is much to be learned from the mistakes of others and the celebrity world abounds with cautionary tales when it comes to estate planning. Even with all the financial resources available to them, celebrities can neglect the basics when it comes to protecting assets. How to Avoid Estate Planning Mistakes We come across sad…
Maybe you have dreamed of leaving the business you have built to your heirs, but if you do not have a buy-sell agreement, a business succession plan, a business transition plan or a business preservation plan in place, that dream may not be realized. Any number of factors can work against your dreams if you…
It’s been said that into every life a little rain must fall, and for small business owners, that shower (or storm) can come in the form of a customer or client’s bankruptcy. Here are some tips on what you need to do to improve your odds of getting paid: Stop contact. Bankruptcy law prohibits creditors…
One of the most impactful decisions business owners will make is their selection of business entity – sole proprietorship, partnership, limited liability company (LLC) or corporation – for their company. This decision has important tax, legal and operational implications, so choosing the right entity is vital. Business owners have several choices when it comes to…
Robin Williams’ wife Susan has gone to court over personal items she says were taken from the couple’s Tiburon, California, home without her permission. Williams’ children say their father set up a trust that bequeathed the items to them and that his wife of three years is acting against his wishes. Could this have been…
Terri Kelly, a mother of six who started her “second life” as an entrepreneur designing comfortable flip-flops, did everything right when she launched her company. First, she designed a great product that addressed a market need. She worked tirelessly to get her product into shops, boutiques, and local stores. And she trademarked her unique branding…
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