McCarthy Law Group Well-run businesses have processes that work. Those who run the company have put thought into the processes. They’ve studied them, documented them, and formalized them. They leave no doubt about who made each decision and when. They leave a trail of evidence that supports the reasonableness of each decision and the methods that the company … Read More
The limited liability company (LLC) was first adopted by Wyoming in 1977. It is a business structure has only become commonplace across the country in the last twenty years. But today, it is the most popular business entity in most states. It provides its owners the same liability protection that corporations receive while allowing its … Read More
Previously, I wrote about how owning a domain name may not be enough to protect your brand and your professional identity. The next step is to get a trademark. Applying for a trademark is kinda like applying for college. You have to do a whole bunch of crap and jump through lots of hoops, and … Read More
When thinking of names and brands, most entrepreneurs focus on the domain name. You know that if you can’t get your hands on the domain name you want, it’s next to impossible to establish a business under that name. Your brand is your identity; you need to make sure that you own it and have … Read More
While most people associate the business form the Limited Liability Company (or LLC) with small companies such as a dry cleaners or hobby stores, the reality is that there is no limitation to how large an LLC can get. The Limited Liability Company is a newer entity. The first LLC statute was drafted by the … Read More
Many small businesses that are on the fence of whether to form a corporation or an LLC decide to form an LLC because it’s easier and requires less upkeep. And while it is true that there are additional formalities associated with incorporation, they needn’t be overly burdensome for the small company without tremendous resources. One … Read More
What is vesting? Vesting, by law, is defined as the moment when a party’s right to an asset cannot be taken away by a third party. In the context of stock, it refers to the process by which restricted stock ownership changes in status from conditional and restricted to unconditional and unrestricted. What that means … Read More
Technically, to form a corporation, you only have to file articles of incorporation (or a corporate charter) with the secretary of state. But if you want to operate as a legitimate business that engages in regular transactions with customers to make money, you’re going to need a little more. Here are the basic documents that … Read More
The concept behind crowdfunding is simple and perfectly suited to the Internet. Rather than raise a lot of money from a few people, you raise a little from a lot of people. It’s easy and effective. Lots of new businesses have blossomed in catering to this market: Kickstarter, Indiegogo, and RocketHub, to name a few. … Read More
Most people have heard of non-compete agreements. But there’s another scenario where an employer can keep you from working for a competitor, even in the absence of a prior agreement: the Inevitable Disclosure Doctrine. Three tests must be met for a court to invoke the doctrine. 1) You must possess trade secrets that you do … Read More