Many employers have to determine whether a new hire is going to be an employee or an independent contractor. Often, this decision is made at the outset because the employer needs to know whether to withhold taxes when issuing a first paycheck. In fact, taxes are only the first of many reasons an employer needs to know the difference between …
What You Need To Know About Business In 2021
BLSW’s Senior Litigator shares words of wisdom as we head into the New Year. If 2020 has taught us anything, it sure seems to be that we can never fully know what the future will bring. Now that we have seen and experienced the COVID-19 pandemic and the associated fallout that it has brought, we have gained some insight on …
What To Consider When You Are Given Equity In A Company.
Does “free equity” have the potential to be a gift you will regret accepting? Hey, who would not want to be given some equity in a company? Especially if there does not seem to be any strings attached? If the company is successful, you benefit. If it fails, it cost you nothing. So why not accept an equity arrangement? Technically, …
Are You Being Held Captive By Your Merchant Services Provider?
It is astonishing how many businesses continually set themselves up to pay outrageous fees and penalties. As business attorneys, we are skilled at reading contracts for our clients and pointing out any unfair or questionable content. However, most business owners enter into contracts everyday without consulting a business attorney. Naturally, if everything goes well, there are generally no issues. However, …
How To Avoid A Commercial Real Estate Disaster.
Common mistakes inexperienced business owners make when signing leases. There are no laws on the books to protect a business owner from a bad commercial lease. Now, pause and re-read that sentence. Pause again and let that sink in. There are laws to protect you from unfair loan practices, defective merchandise and breaches of contract. But, if you willingly signed …
How To Be Pro-Active In Your Malpractice Defense.
Malpractice insurance will provide physicians with an attorney, but sometimes that’s not enough. According to a 2018 report by the American Medical Association, 34% of all practicing physicians have been sued. And, if a doctor is still practicing past age 55, that percentage goes up to nearly 50%. Since the prospect of a lawsuit is becoming almost inevitable, the need …
Purchasing a Business That Has Debt.
Structuring the sale correctly will give you peace of mind and potentially save you thousands. Attorney Don Kochersberger weighs in on what to do when existing debt was not handled appropriately during the sale of a business. Dear Don, My boyfriend and I recently bought a business. It is a gym that my boyfriend has been a trainer at for …
When Your Business Partner Thinks He Is Funny…. But He Is Not.
Attorney Joe Turner weighs in on this complicated but serious issue. Dear Joe, I am in a Partnership with four other Physicians. One of the Partners fancies himself a comedian. He likes to send out joke emails to the entire staff and will often add improper comments to serious ones. The problem, aside from being immature and distracting, is that often …
What to Consider When Your Tenant Asks You to Renegotiate a Commercial Lease
Is the Lease About to Expire? The first thing to do is look at your lease and determine when the lease is set to expire. Is your tenant attempting to renegotiate for a future lease agreement, or are they trying to renegotiate the rental rate on their current lease? Most leases will specify that the tenant must notify the landlord …
Understanding Contracts: Contractor and Subcontractor in a Construction Context
Contracting and subcontracting can exist in many arenas, but one of the most common is in construction. If you have ever watched a home renovation show or gone through the excitement of having your own home or business renovated, you have probably heard the terms contractor and subcontractor used. The question is, what is the difference and how much do …
