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Business Formation

Business formation is the process of establishing a legal entity to carry out a particular entreprise.  The law provides several entity options, each with its own advantages and disadvantages. Limited... more +
Business formation is the process of establishing a legal entity to carry out a particular entreprise.  The law provides several entity options, each with its own advantages and disadvantages. Limited Liability Corporations (LLC), Limited Liability Partnerships (LLP), and S-Corporations are a few examples of available options. When forming a business, founders can choose whichever entity-type best aligns with their specific tax and liability needs and considerations. Other important aspects of forming a business include drafting a comprehensive business plan, choosing appropriate insurance, establishing personnel policies and protecting intellectual property.  less -

U.K. Regulator Critiques Legal Industry AML Compliance

by Ballard Spahr LLP on

In its “Risk Outlook, Autumn Update” (“Update”) released last week, the Solicitor Regulation Authority (“SRA”), a regulator of solicitors and law firms in England and Wales, found that although the legal sector remains at...more

FTB Publishes Disinformation About Corporations

by Allen Matkins on

Recently, I happened across a summary of the “key features” of a corporation on the California Franchise Tax Board’s website. Recognizing that it is always a challenge to summarize accurately complex legal matters, I do beg...more

Pennsylvania Act 170 of 2016: Implications for Real Estate Transactions

by Blank Rome LLP on

In late 2016, Act 170 of 2016 (“Act 170”) was signed into law, heralding changes to the existing laws covering unincorporated entities in Pennsylvania. Act 170 went into effect on February 21, 2017, for newly formed general...more

10 Steps to Brewery Start-Up: A Step-by-Step Guide to Start-Up A Brewery In Maryland – Step 2 Forming A Business Entity

by Miles & Stockbridge P.C. on

In this ten-part blog series, I will explore the ten steps that you should take to start-up a brewery of your own in Maryland. If you follow these ten simple steps, you will be able to start-up with a great foundation for...more

Is a Series LLC Right for Your Business?

by Mintz Levin on

The Series limited liability company (the “Series LLC”) is more nuanced than an ordinary limited liability company, and for the right user, it provides flexibility that will streamline administration better than other...more

SFC Proposes Rules and Code for Open-Ended Fund Companies

by Dechert LLP on

Recently, the Hong Kong Securities and Futures Commission (SFC) published a consultation paper on the Securities and Futures (Open-ended Fund Companies) Rules (Rules) and Code on Open-ended Fund Companies (Code) which, if...more

Fixed-fee packages can minimize legal fees for startups

by GableGotwals on

Q: What legal issues should new entrepreneurs be aware of when launching a business? A: Building a business with a solid foundation is vital to positioning a new business for future success. This includes checking all of...more

Georgia Revamps Law Governing Captive Insurance Companies

by Carlton Fields on

Significant changes to Georgia law governing captive insurance companies took effect on July 1, 2017. The changes relate to the permitted corporate structure of captive insurance companies, new restrictions on risks that may...more

The Data Report Episode 10: Ideas Have Potential, Information Has Value

by Bilzin Sumberg on

Module Three: Small Businesses & Start-ups (Part I) This episode of The Data Report highlights strategies for protecting a small business's assets along every stage of its growth. Litigation attorney Jay Ward discusses the...more

It Is Not A Duck! $535 million pipeline verdict reversal portends new era of joint venture conflicts.

On July 18, 2017, the Dallas Court of Appeals reversed a 2014 jury verdict that resulted in a $535 million judgment in favor of Energy Transfer Partners, L.P. (“ETP”) against its counterparty (appellate decision linked here)....more

Foreign investment in Indonesia

by Dentons on

Indonesia is the largest economy in Southeast Asia. It is rich in natural resources, such as coal, minerals and metals, oil and gas, and agricultural products such as rice, rubber and cocoa. With the fourth biggest population...more

Family Office Series, Part I: What Is a Family Office?

I have a home office in my basement that I refer to as the “Smith Family Office.” Fortunately, this blog post is not about my home office. A family office is an entity (or multiple entities) established by a wealthy family...more

The Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on Eliminating Barriers to Attracting Foreign Investment”...

by Dentons on

On 26 June 2017 President Petro Poroshenko signed the Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on Eliminating Barriers to Attracting Foreign Investment” as adopted by the Verkhovna Rada of Ukraine on...more

The Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on Eliminating Barriers to Attracting Foreign Investment”

by Dentons on

On 26 June 2017 President Petro Poroshenko signed the Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on Eliminating Barriers to Attracting Foreign Investment” as adopted by the Verkhovna Rada of Ukraine on...more

Legal Mechanics of Organizing Corporations

by WilmerHale on

The legal mechanics of organizing corporations encompass a variety of corporate, tax, securities and business considerations. By anticipating the special problems and situations which are likely to arise in the course of the...more

Business Planning Alert: "Selling a Business? Thoughtfully Consider Engaging an Investment Banker"

by Porter Hedges LLP on

The owner of a business typically needs to make many extraordinary decisions when deciding whether or how to sell the business. One such decision is whether to hire an investment banker to manage the sale process. The most...more

Until You're the Unicorn, Protect Yourself: Tips on Personal Guarantees

by Davis Brown Law Firm on

One of the first steps in any business venture is for the founder to form a business entity separating their personal assets and liabilities from the business assets and liabilities of the new company. Without this...more

How to Assemble a Board of Directors for a Startup

by JD Supra Perspectives on

A successful startup will likely see the structure and composition of its board of directors change significantly over time....more

New District of New Jersey Case Shows Importance of Requiring Drivers to Form Corporate Entities in Misclassification Cases

by Genova Burns LLC on

Late last month, District of New Jersey Judge Robert B. Kugler partially granted FedEx Ground Package Systems Inc. (“FedEx”)’s Motion to Dismiss in a trucking misclassification case. The court dismissed several claims but...more

What Startup Founders Should Consider When Choosing a Board of Directors

by JD Supra Perspectives on

The board of directors has tremendous significance to a startup company....more

Entity Selection Series | Part Two: The Benefits of a Corporation

In Part One of the entity selection series we discussed the benefits of a Limited Liability Company for organizing your business venture. In this edition, we will discuss the benefits of a standard corporation (a “Subchapter...more

The ReSET – Why Few Nail their Sthick

by Womble Bond Dickinson on

Our last ReSET focused on the clarity and chaos of pitching to a panel of judges you’ve never met, all while facing a room of entrepreneurs who weren’t as lucky as you to get into the light… This all happened at TEDCO’s...more

The ReSET – The Curse of the Elevator Speech

by Womble Bond Dickinson on

TEDCO celebrates Maryland’s innovation economy with its Entrepreneurs’ Expo, a day-long series of keynotes, breakout sessions, networking and deal making among 700 of Maryland’s entrepreneurs. Originally published on...more

Be Sure to Observe Formalities to Protect Business Assets

by Burns & Levinson LLP on

When entering into a new venture, it is not uncommon for a new legal entity to be formed in order to insulate an existing company from the liabilities associated with the new business. While the law absolutely permits this, a...more

Business Litigation Alert: "Starting a New Business? Include These Five Provisions in Every Formation Agreement"

by Porter Hedges LLP on

The ultimate success of a business often rests on the ability of its owners to make sound decisions up front - an ounce of prevention, if you will - and avoid bigger problems that might arise later. This principle...more

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