The Law (in Plain English) for Small Business (Fifth Edition)

The Law (in Plain English) for Small Business (Fifth Edition)

by Leonard D. DuBoff, Amanda Bryan

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Overview

“Well written and logically organized.” —Booklist. This handbook makes planning and problem-solving easy with its clear explanations of complex issues.

In The Law (in Plain English)® for Small Business, Fifth Edition, Leonard DuBoff and Amanda Bryan guide entrepreneurs and small business owners through the maze of legal obligations and protections they need to understand. Chapters cover important topics such as:
  • Licenses
  • Trademarks
  • Insurance plans
  • Franchising
  • Incorporating
  • Advertising
  • eBusiness considerations
  • Taxes
  • Succession planning

Whether one is just about to open a small business, reassessing an existing business, or simply have a few questions, The Law (in Plain English)® for Small Business, Fifth Edition, is the go-to resource for small business owners and entrepreneurs.

Product Details

ISBN-13: 9781621536871
Publisher: Allworth
Publication date: 07/09/2019
Series: In Plain English
Edition description: 5th Edition
Pages: 312
Sales rank: 1,238,941
Product dimensions: 6.00(w) x 8.80(h) x 1.00(d)
Age Range: 18 Years

About the Author

Leonard DuBoff is the founder of the DuBoff Law Group, PC. He graduated magna cum laude from Hofstra University with a degree in engineering and summa cum laude from Brooklyn Law School, where he was the research editor of the Brooklyn Law Review. He was a professor of law for almost a quarter of a century, teaching first at Stanford Law School and then at Lewis & Clark Law School in Portland, Oregon. He resides in Portland, Oregon.

Amanda Bryan is a practicing lawyer representing clients from all over the world specializing in intellectual property including copyright, trademark and related subjects. She received her master’s degree in writing with an emphasis in book publishing from Portland State University. She graduated magna cum laude from Lewis and Clark Law School with a certificate in intellectual property law. She resides in Portland, Oregon.

Table of Contents

Acknowledgments xv

Introduction xvii

Chapter 1 Organizing Your Business 1

Sole Proprietorships 2

Partnerships and Joint Ventures 3

Limited Partnerships 6

Corporations 8

S Corporations 12

Limited Liability Companies 13

Limited Liability Partnerships 14

Hybrids 15

Chapter 2 Business Organization Checklist 17

Accountant 17

Business Name 17

Business Structure 18

Chapter 3 Developing Your Business Plan 27

Executive Summary 28

History of the Business 28

Products and Services 28

The Market 29

The Competition 30

Source of Work 30

Management 30

Financial Data 31

The Business Plan Team 32

Chapter 4 Borrowing from Banks 33

Loan Proposal 34

Creditworthiness 35

Good Character 35

Cushion 35

Purpose 36

Term of Loan 36

Repayment 37

Amount Needed 37

Collateral 38

Business Outlook 40

Financial Evidence 41

Analyzing Your Business Potential 41

Application 44

Lender's Rules and Limitations 45

Details of the Agreement 47

Communication When Problems Arise 49

Venture Capital 49

Chapter 5 Going Public 51

Advantages of Going Public 51

Disadvantages of Going Public 52

Federal and State Securities Laws 53

Privatization 55

Chapter 6 Contracts 57

Contract Basics 57

Types of Contracts 58

Understanding Contract Principles 59

Proving an Agreement 60

When Written Contracts Are Necessary 61

Essentials to Put in Writing 62

No-Cost Written Agreements 63

Confirming Memorandum 63

Additional Terms 65

Contracting Online 66

Consumer Protection Laws 66

Mail-Order Sales 67

Chapter 7 Consignment 69

Advantages 69

Disadvantages 70

Bankruptcy 70

Special Laws for Artists 72

Definitions 73

Chapter 8 Collections 75

Point-of-Sale Payments 75

Consignment 78

Bankruptcies 81

Chapter 9 Expanding Your Market 85

Franchising 85

Multilevel Marketing 89

Chapter 10 Patents and Trade Secrets 93

Patents 93

Trade Secrets 94

Patent or Padlock Dilemma 95

Trade Secret Protection 95

Chapter 11 Trademarks 99

Definition 100

Prohibited Trademarks 101

Protecting a Trademark 101

Infringement 109

International Protection 110

State Registration 111

Using an Attorney 111

Chapter 12 Copyrights 113

Copyright Law Foundation 113

Publication 114

Copyrightable Material 114

Scope of Protection 115

Ownership 116

Copyright Protection for Utilitarian Objects 119

Notice Requirement 120

Application Process 120

Period of Protection 122

Infringement 123

Fair Use 123

International Protection 125

Chapter 13 Advertising 127

Government Regulation 127

Comparative Advertising 128

Publicity and Privacy 129

Unauthorized Use of Trademark 129

Geographic Locations 130

Trade Dress 130

Conclusion 132

Chapter 14 Licensing 133

General Consideration 133

Licensing Hazards 134

Chapter 15 The Internet 139

Protecting Business Property 140

Protecting Consumer Information 140

Domain Names 141

Internet Advertising 144

Disclosures 144

Audits 145

Liability Insurance 145

Copyright Concerns 146

Peer-to-Peer Problems 147

Server Protection 147

Email 148

Cyberterrorism 149

Security for Online Commerce 150

Chapter 16 Warranties 151

Express Warranties 151

Implied Warranties 153

Disclaimers 155

Magnuson-Moss Warranty Act 157

Consumer Remedies 157

Using an Attorney 158

Online Sales 158

Chapter 17 Product Liability 159

Defective Products 159

Federal Laws 162

Product Liability 162

Liability Insurance 163

Chapter 18 Business Insurance 165

Basics of Insurance Law 165

Ascertaining Risk 167

Additional State Regulations 167

Expectations vs. Reality 167

Overinsuring and Underinsuring 168

Unintentional Undervaluing 170

Property Covered 170

Scheduling Property 170

When and How to Insure 171

Keeping the Cost Down 172

Chapter 19 People Who Work for You 175

Independent Contractors 175

Employees 176

Hazards in the Workplace 181

Discrimination 181

Harassment 183

Age Discrimination 184

Disabilities Discrimination 184

Employee Handbooks 185

Zero Tolerance Policies 186

The Family Medical Leave Act 187

Termination of Employment 189

Chapter 20 Keeping Taxes Low 189

Income Spreading 189

Qualifying for Business Deductions 195

Other Professional Expenses 200

Chapter 21 Zoning 207

Local Zoning Restrictions 207

Federal Regulations 208

Telecommuting and Web-Based Businesses 209

Chapter 22 Renting Commercial Space 211

Premises 211

Cost 212

Term 212

Restrictions 212

Remodeling 213

Americans with Disabilities Act 213

Environmental Laws 214

Utilities 214

Security and Zoning 215

Written Document 215

Chapter 23 Pension Plans 217

Defined Benefit Plans 218

Defined Contribution Plans 218

Profit-Sharing Plans 219

Salary Savings/Reduction Plans 219

Simplified Employee Pension Plans 220

Simple IRAs 221

Money-Purchase Plans 221

Employee Stock Ownership Plans 221

Hybrid Plans 221

Designing and Documenting a Plan 222

Employer-Sponsored Plans 222

Investments in a Qualified Plan 224

Chapter 24 Estate Planning 225

The Will 225

Intestate Succession 227

Spouse's Elective Share 228

Advantages to Having a Will 229

Estate Taxes 229

Distributing Property Outside the Will 232

Trusts 234

Probate 235

Chapter 25 Finding a Lawyer and an Accountant 237

Finding a Lawyer 238

Evaluating a Lawyer 238

Using a Lawyer 239

Finding an Accountant 240

Glossary 241

About the Authors 265

Index 267

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