In litigation, a party will often use a third-party subpoena to obtain documents from individuals, businesses, or other entities that are not parties to the lawsuit.
Going to Burning Man? Understand how to deal with search requests, being frisked, being detained, and being arrested.
California nonprofit mutual benefit corporations make up many of California’s business leagues, trade or professional associations, fraternal societies, homeowners’ associations and social clubs. This article explores why a mutual benefit corporation might make sense for your organization and what you need to do to form one.
Many businesses require their employees to sign a non-compete agreement or covenant not to compete either upon their hiring or as a condition of continued employment.
Prison in Ohio is a concept that most people, hopefully, don’t consider. The loss of liberty associated with a prison sentence is a scary thought.
Going to Coachella? Understand how to deal with search requests, being frisked, being detained, and being arrested.
Bitcoin is a cryptocurrency that allows transactions to take place directly between two parties, without the need of a central bank acting as a middle-man. This legal guide explains what Bitcoin is, and covers some of the legal issues facing this new type of currency.
This guide will give you a general overview of the legal complexities that can arise when using open source software.
This guide briefly outlines the existing law on arbitration agreements, and then identifies and explains 12 reasons why businesses should use them.
This decision is a historic victory for gay rights activists who have fought for years in the lower courts - but what's next?
According to the Small Business Administration's Office of Advocacy, in 2008 there were 29+ million small businesses in the United States, and half of all American workers were employed by small businesses.
A 5 step guide to valid contract formation, contract negotiation strategies, information on oral contracts, and an example of contract negotiation.
High-profile Uber and FedEx cases demonstrate how misclassifying workers as independent contractors instead of employees can threaten your company. Here’s everything you need to know.
Limited Liability Partnerships (LLP) are structured as a typical partnership (including favorable tax pass-through treatment), but a LLP also offers limited liability protection to the owners that is similar to that of corporations.
The Startup Packages are among the most popular sets of flat-fee legal products in our startup community. This step-by-step Process Guide takes you through each step of the Packages to help you understand what’s coming, what to ask about, what your different options are, and highlights areas where we think it’s particularly important to get a lawyer’s advice.
Business leagues, professional associations, and similar organizations often will qualify for exemption from taxation under Section 501(c)(6) of the Internal Revenue Code. The below article explains how an organization may qualify for exemption and what rules the organization should be aware of when conducting activities.
Free legal documents—valuable information for every entrepreneur. These legal documents, forms, and letters help entrepreneurs at any stage to make informed and strategic decisions. Whether you're signing a contract or incorporating your business, you'll find free legal documents for a wide variety of needs. Questions? Comments? Feel free to use the chat box to contact us! We're always ready to help.
You must register your copyright with the U.S. Copyright Office before you are legally permitted to bring a federal lawsuit to enforce it.
A surprisingly large number of nonprofits incorporated in California have had their corporate status suspended. This article looks at why a nonprofit corporation may be suspended, what it means to be in suspended status and what a suspended nonprofit corporation can do to return to good standing.
On November 9th, 2015, a Belgian court ordered Facebook to stop tracking non-Facebook users, and imposed a fine of $250,000 per day in case of non-compliance. A look at the facts, the rules at hand, and the questions that matter.
It is crucial that EB-5 investors and facilitators understand the Matter of Ho elements and ensure that the business plan submitted to USCIS contains each element in.
Use this checklist to ensure that your NDA is adequate, and when in doubt, consult a trusted attorney to draft a NDA on your behalf.
In the United States, a design patent is an intellectual property protection granted to the ornamental design of a functional item.
Learn about the 4 main areas of IP: Patents, Copyrights, Trademarks, and Trade Secrets. This guide also covers the patent application timeline, how to know if a copyright infringement is fair use, whether you should register your trademark, and the definition of a trade secret.
The "corporate veil" refers to the protection that separates one's personal assets from their business' assets.
Each year, IRS sends millions of notices and letters to taxpayers for a variety of reasons. Here are eight things to know in case one shows up in your mailbox.
Welcome back to Founders University, our core curriculum designed to provide start-up company founders with the basics they’ll need to get their company off the ground.
Patents are a form of intellectual property that give an inventor or assignee an exclusive right over an invention for a limited period of time in exchange for detailed public disclosure of an invention.
A general partnership is made up of two or more partners where all partners manage and are responsible for the business' operations and debts.
The Federal Trade Commission (FTC) is the agency which enforces advertising laws passed by Congress.
The LawGives Immigration Guide provides information on immigrant visas and non-immigrant visas. Each visa description details: who can apply for the visa, work authorization status, and the length of stay.
A common question for those forming companies is how to deal with par value, which is understandable because it often does not bear a relationship to the actual value of the shares.
For our next session of Founders University, we share a comparison of Incentive Stock Options (ISOs) and Non-qualified – or Non-statutory – Stock Options (NSOs).
Dilution is the change in a shareholder’s percentage ownership that results from the company issuing additional equity.
Limited partnerships have both general partners and limited partners. General partners are responsible for the management of the LP and have unlimited liability.
An 83(b) election is an IRS filing which is typically filed when a vesting schedule is placed on a founding Member's ownership. If the founder/employee does not make the 83(b) election, then he or she may have "income" as their shares vest and will then have to pay taxes on the income.
The Workplace Hiring Guide explains the legal difference between volunteers, interns, independent contractors, and employees. It is also important to ensure your hiring practices do not discriminate based on the following classes: Race, Color, Religion, Sex (including pregnancy), National Origin, Age (40+), Disability, and Genetic Information.
This Employee Handbook Guide helps you to create a set of workplace guidelines so that employees, staff, and management are aware of company policies and expectations.
New Hampshire’s heavy reliance on property taxes – which are among the highest in the United States – often produces significant tension with respect to the New Hampshire tax abatement process.
Under the United States Tax Code, every U.S. corporation that is in business must file a tax return.
A professional limited liability company (PLLC) is a limited liability company formed for the purpose of providing professional services.
This independent contractor agreement (consulting agreement), governs the relationship between a company and an independent contractor or consultant.
A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information which is not generally known to the public or reasonably ascertainable by others.
A limited liability company (LLC) is a hybrid business entity that has certain characteristics of both a corporation and a partnership / sole proprietorship.
A business consisting of a single owner. The business is not necessarily formally organized and/or registered with the state.
If your business is involved in activities that are supervised or regulated by a federal agency (ex: selling alcohol, firearms, tobacco, commercial fishing, etc.), then it may be necessary to obtain a federal license or permit.
A trademark is a recognizable sign, design or expression which serves as a source identifier for consumers.
A professional corporation (PC) is a corporate entity that is used for a narrow set of licensed professionals - such as lawyers, architects, engineers, accountants, and doctors.
Although the majority of immigrants come to live permanently in the United States through a family member’s sponsorship, employment, or a job offer, there are other ways a Green Card can be obtained.
Copyright is a legal right that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator to receive compensation for their effort.
The O visa is a temporary worker visa granted to an individual who possesses extraordinary ability in the sciences, education, business, or athletics (O-1A visa) or extraordinary ability in the arts and/or extraordinary achievement in the motion picture or television industry (O-1B visa).
In the United States, the registration process includes roughly five steps. The entire process will require a minimum of 10 - 12 months.
The LawGives Nonprofit Guide provides the 7 step process for creating your 501(c)(3), which can be legally formed as a public charity, a private foundation, or a private operating foundation.
The LawGives Estate Planning Guide provides key information about living wills, trusts, power of attorney, medical directives, and retirement accounts and life insurance policies.
While many people often think of their (human) loved ones when drafting a will, more and more people are looking to ensure that their pets are provided for once they die.
A patent application is a formal request to the United States Patent and Trademark Office (USPTO) for the grant of a patent for the specific invention described and claimed in the application.
Lawrence Molton is an SLS alum who has developed an interdisciplinary approach and ended up on an unusual career track. This guide to the creative use of scientific tools in litigation reflects the training provided to him by his early career and interest in health policy.
A patent assignment agreement gives the patent rights from the assignee to a company. The assignment must be supported by consideration, which may be a nominal amount or a market value amount.
An advisory board is a body of individuals that provide non-binding strategic advice to the management of your startup. The informal nature of an advisory board allows for greater flexibility than the Board of Directors.
EB-2 is an immigrant visa preference category for United States employment-based permanent residency,
Your form of business (ex: sole proprietorship, partnership, LLC, corporation) will determine which income tax return form you need to file.
The LawGives Real Estate Purchase guide walks you through the 5 steps involved in a real estate transaction: Listing Agreement, Purchase Offer, Inspections, Lending, and Closing. It also details the differences between a commercial closing and a residential closing, and provides specific information for first-time home buyers.
The H-3 is a non-immigrant visa granted to trainees or special education exchange visitors who ultimately intend to perform their job outside of the United States.
If your company is only at the idea stage, then you might not be ready to incorporate. This is where a founders agreement can be of enormous benefit. The document is essentially a written agreement among the founders that allows them to have an open and honest conversation about their attitudes, fears, and aspirations for the project.
If you're thinking of starting a corporation, we recommend using this free incorporation checklist. While your company's requirements will vary, depending on your industry and the location of your business, this list is a helpful starting point on a path to engaging with a qualified incorporation lawyer.
A brochure to guide you through how we can help.
A B visa is granted to foreign citizens seeking entry for a temporary period. B-1 visas are granted for business purposes and B-2 visas are granted for tourism or other non-business purposes. In practice, the visas are typically combined to a B1/B2 visa.
The H1B visa classification permits a foreign national to work in the United States for a temporary period.
An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status.
A non-disclosure agreement (NDA), is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with each other, but wish to ultimately keep confidential.
Brands or marks (trademarks for goods and service marks for services) (now collectively referred for this guide as “Mark(s)”) are a company’s most important asset and can generate consistent and substantial revenues.
This Delaware Bylaws document will help you to establish how formalities of the company will run. The bylaws also establish voting thresholds for approvals of company actions, such as electing new board members or incurring new debt.
While most startups choose to incorporate, some companies do create legal partnerships. Partnerships are a legal agreement between two or more parties. The contract will usually define the terms of the partnership and how the profit-sharing will work. A partnership is not a separate legal entity from its owners.
Know your legal rights and responsibilities when dissolving a marriage. In includes information on the 9 issues decided in a divorce settlement, and the difference between a fault and no fault divorce.
The LawGives Eviction Guide details the 6 grounds for eviction of a tenant and an overview of the eviction process (Notice, Lawsuit, Removal).
J-1 visitors may remain in the United States for the duration of their program and for an additional 30 days afterwards.
This is a standard asset purchase agreement template that can be used to facilitate the sale of an asset between a buyer and a seller.
With more employees posting potentially damaging content online, business owners need to learn how to best protect their brand’s goodwill.
Learn the basics of federal bankruptcy laws and the bankruptcy process. This Guide provides an overview of Chapter 7, Chapter 11, and Chapter 13 bankruptcy.
An 83(b) election is an IRS filing which is typically filed when vesting is placed on a founding Member's ownership. If the founder/employee does not make the 83(b) election, then he or she may have income as their shares vest and will have to pay income taxes on the income.
I have been asked by several client’s recently about obtaining US federal trademark registrations for cannabis related goods and services. The short answer is that trademarks for cannabis related goods and services are not registrable under federal registration with limited exceptions. I have posted this legal guide to explain the pitfalls in the trademark application process.
For our third session of Founders University, we share an overview of creating governance and formation documents with Document Driver, by partner Dave Cappillo.