New Mexico law on liability releases for “future negligence,” (something that may or may not happen in the future), and the legal ability of the parent to release that future liability on behalf of the child is rare among the states. The NM Court of Appeals, on July 11, 2024, narrowly affirmed a trial court’s ruling upholding the validity of …
Who Qualifies as a “Worker” Under the FTC Non-Compete Clause Ban
When the Federal Trade Commission (FTC) released its final ruling on the ban of non-compete clauses, it provided a comprehensive definition of what constitutes a “worker.” This definition is crucial for employers, HR executives, small business owners, and anyone who might need to consult an attorney on these matters. This article will break down the FTC’s definition of “worker,” the …
FTC Non-Compete Clause Ban What Is It and What Does It Mean?
Introduction On April 23rd, 2024, the Federal Trade Commission (FTC) issued a groundbreaking ruling that effectively bans employers from creating or enforcing non-compete clauses on their workers. While this ban doesn’t apply to every non-compete clause, its overarching goal could either benefit or challenge business owners in the United States. This post will explore the specific rulings made by the …
Ways for Businesses to Pay for Costly Litigation and Lawyers’ Fees
Litigation is expensive and many clients are not prepared for the financial investment necessary for filing a lawsuit. Litigation can take months or even years, during which attorney’s fees and other legal expenses continue. After the retainer fee, clients continue paying the attorney as the case progresses. Thus, it is essential to plan for protracted legal expenses. With a formidable …
The Most Common Disputes with Commercial Leases
Navigating the complex world of commercial leases can be difficult, especially when disputes arise. For commercial tenants, property managers, and business owners, understanding common issues that arise in commercial leases is crucial. Let’s take a look at three frequent sources of conflict in commercial leases and tips for resolving them. Common Lease Disputes 1. Rent Increases What’s the Issue? One …
Registered Agent vs. Resident Agent: Understanding the Distinction for Business Owners
When navigating the intricate world of business formation and compliance, terminology can often become a hurdle. Among the various roles and responsibilities that must be addressed, the concepts of a “Registered Agent” and a “Resident Agent” frequently emerge, leading to confusion among entrepreneurs and business owners. Are they interchangeable terms, or do they signify different roles? This blog post aims …
The Critical Importance of Keeping Your Operating Agreement Updated
In the dynamic world of entrepreneurship, an operating agreement serves as the constitutional backbone of a Limited Liability Company (LLC). It’s an essential document that details the ownership structure, operating procedures, and outlines how critical decisions are made within your business. But what many small business owners may overlook is the significance of keeping this foundational document up to date. …
How to Register a Business in New Mexico: A Step-by-Step Guide for Entrepreneurs
Opening a business can be an exciting venture, but it’s filled with legalities that can turn daunting if you’re not prepared. In New Mexico, as in other states, registering your business is a crucial step towards legality and legitimacy. This guide targets small business owners, budding entrepreneurs, and anyone who’s considering the professional assistance of a lawyer during their business …
Understanding Corporate Bylaws and Their Significance for Your Business
For the budding entrepreneur or the seasoned small business owner, the navigational charts of the business world can often seem filled with legal jargon and documentation. Among such essential documents are the often-overlooked yet critical corporate bylaws, the internal map that guides a company’s operations and governance. This post shines a light on what corporate bylaws are and why they’re …
NM State Bar & BLSW Partner to Help Small Businesses With BOI Reporting
Attorney Larry Donahue explains why the process in correct reporting is not as easy as some might think. Earlier this month, Larry Donahue presented a seminar at the request of the New Mexico State Bar Foundation in order to help educate small businesses on the new Beneficial Ownership Reporting that, as of January 1, 2024, is the law of the …
