Operate Your Business

The Issue : Off-the-shelf Operating Agreements don't contain provisions to help resolve three common challenges. Owners will spend a lot...

Federal law requires employers to notify workers that their non-competes are no longer enforceable

Businesses subject to the new FTC non-compete rule must (1) no longer use post-employment non-compete agreements, (2) provide notice to workers who have existing non-compete agreements that those agreements are now unenforceable, and (3) not enforce existing non-compete agreements against workers.

Contracting parties should take into account and resolve to be ready to incur and pay the costs of enforcing a contract, including the costs of preparing a well-drafted contract, the costs of responding to a breach, and the costs of filing a lawsuit and negotiating a settlement to the dispute.

You might be asked to sign a confidentiality or non-disclosure agreement if you are exploring the purchase or sale of a business, a joint...

I get it. You probably have a degree or two. You've probably looked at a lot of contracts in your career. You probably write well. It's...

When you sign a contract, do you need to have an "original" - i.e., one contract with the original signatures of all the parties - for it...

See that photo? I have permission to use it on my blog because permission to use the photos in my web development platform's library is...

Have you set up your company to qualify for a special status, such as a women-, veteran-, or minority-owned business? If so, do your...

I was working on my first deal as a young lawyer. I represented the buyer. The lawyer representing the seller drafted the purchase...

Catherine’s consulting business routinely provides written proposals to prospective clients. Her practice is to have clients accept the...

How much would you pay a lawyer to tell you not to do something? A doctor wanted to buy a medical practice from the wife of a doctor who...

In a perfect world, the best way to keep a prospective client from taking ideas you share during a pitch is to have the prospect sign a...

An LLC is a great tool for shielding your personal assets from your business liabilities, but it won't protect you from everything. It...

If the mediation is a negotiation facilitated by a neutral third party who can help each party see the strengths and weaknesses of its position and evaluate the likelihood of success and value of the claim, then I think mediation is valuable. Even if the mediation does not result in a settlement, each party walks away with valuable information that might help them negotiate a settlement later on.

You might need to provide copies of key company legal documents, such as Articles of Incorporation, a Certificate of Incorporation and Bylaws for a corporation or Articles of Organization, a Certificate of Organization and an Operating Agreement for an LLC

A lawyer's letter is a valuable tool, but, in my experience, rarely changes behavior if it's the only tool used. Instead, the lawyer's letter is just a step in the process.

Virginia is now on the cutting edge of the employee versus independent contractor debate, and that could create a lot of legal problems...