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Copyright Infringement

June 29th, 2017 by

Did you receive a letter from a lawyer, or, heaven forbid, Getty Images, stating that you used an image without permission?  Does that letter also demand an alarming amount of money for this transgression?  “But I didn’t know it was a problem and not very many people saw it.”  Unfortunately, those are not valid excuses. […]

Sole Owners and Succession

March 2nd, 2017 by

Are you the sole owner of your company?  If so, do you have a succession plan in place for your business?  You do?  That’s great.  Does it pass muster with your bank?  If your brow is furrowed and a cartoon question mark is floating above your head, read on. In the last year, we were […]

Nevada Wage Claims

December 15th, 2015 by

First, what is a wage claim?  Any person who has previously worked for you, in any capacity, can file a wage claim with the Nevada Labor Commissioner for money they claim they earned but that you didn’t pay. The important thing to know, if you don’t read any further in this article, is that the […]

Small Business Horror Story #7: Pre-Packaged Operating Agreements

March 22nd, 2013 by

Here’s what happens when you get your operating agreement from a legal forms company. I just finished helping a client negotiate a buyout.  In English, that means he and his partner stopped longer seeing eye to eye on how to run the business so the partner offered to buy my client’s shares in the company. […]

Small Business Horror Story #6: Not Properly Closing Your Business

August 14th, 2012 by

Today I received a call from a potential client who was called before the Nevada Department of Taxation about $60,000 in taxes, penalties, and interest he owes from a business he stopped operating in 2009.  Apparently he simply closed the doors of the business and changed his address.  Three years later he’s on the hook […]

Small Business Horror Story #5: Trademark Denied

July 31st, 2012 by

The first step in starting a business is to choose a name.  In my article on How to Start a Business in Las Vegas, I say, simply, “make sure no one else has it.”  Maybe I need to elaborate. In addition to ensuring no one else has the entity name by checking with the Secretary […]

Small Business Horror Story #4: Did Your Landlord Reduce Your Rent? Prove it.

October 21st, 2011 by

One of my clients has been struggling to pay his $13,000/month lease.  During a phone call about a year ago, his landlord told him, simply, “pay what you can.”  At that time my client began paying about $6,000 a month while begging the landlord to move him to a smaller space within the same complex. […]

Small Business Horror Story #3: If You Don’t Listen to Your Gut, at Least Listen to Your Lawyer

October 4th, 2011 by

A potential client called me.  We’ll call her Helen.  Over the last ten years, Helen’s partner “Jane” had perfected this FABULOUS idea that would make them both rich.  Six months ago, Helen quit her lucrative job and had since worked full-time assembling Jane’s scraps of papers and mental notes into a formal proposal they could […]

Small Business Horror Story #2: No Operating Agreement and the “Eraser”

September 5th, 2011 by

I recently met with one member of a two-member LLC with no operating agreement.  We’ll call my client Jane and her partner Joe.  Jane was concerned because Joe was engaging in activities that could jeopardize reimbursements the company receives from the government for the services it provides.  Jane voiced these concerns and Joe promptly “erased” […]

Small Business Horror Story #1: Shady Partner + Generic Operating Agreement = Disaster

June 8th, 2011 by

Whenever I sign a new monthly retainer client, I conduct what I call a “legal checkup” on the business. I review the company’s formation documents, licensing, employee or contractor agreements, lease agreements, service agreements, customer contracts, etc. to find improvements I can make to better protect the company and its owners. Wait, let me clarify. […]

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