6 Legal Snares That Could Hurt Your Business

6 Legal Snares That Could Hurt Your Business

Entrepreneurs often make up in enthusiasm what they lack in experience, but passion alone is not enough to ensure the success of a business.  If you’re a business owner, you need to watch for the following six legal snares that could potentially harm your company:

1.  Lease agreements.  A commercial lease is much different than a residential lease, and unlike renting an apartment, renting office space is something that should be negotiated.  There are clauses in commercial leases that could make you responsible for a share of the building’s operating expenses, or use restrictions that may limit how your business can grow.
2.  Entity selection.  Choosing how you will structure your company legally and financially should not be done without the help of a business attorney, who can help you understand the advantages and disadvantages of operating as a sole proprietorship, limited liability company (LLC) , S-corporation, C-corporation or partnership.  Putting the wrong structure in place could cost you plenty to unwind it if it doesn’t support the growth of your company.
3.  Partnership agreement.  If you have a partner in your new venture, you will need a partnership agreement that spells out how profits and losses are allocated and other important issues to create a viable framework for operating the company.
4.  Intellectual property.  Every business will have some type of intellectual property to protect via a patent, trademark or copyright.  However, before you throw money at IP protection, consult with an attorney to determine the right IP strategy considering what needs to be protected and the financial resources you have available.
5.  Insurance.  Typically, you will likely need general liability insurance as well as property insurance for your new company.  Depending on the nature of your business, the officers and directors of your company may also need insurance to protect them from business liability (D&O insurance).  You will need to check your lease agreement for any insurance requirements as well.
6.  Employment Matters.  Your biggest risk in business often comes from working with your own team.   You will need to be familiar with both state and federal employment laws that will govern your relationship with employees and independent contractors.

For a comprehensive review and consultation regarding your company, contact Jurado & Farshchian, P.L. Our attorneys are ready to assist you with all your small business questions. Please call one of our experienced attorneys at (305) 921-0440, or email us at info@jflawfirm.com.

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