Along with many other states, New Mexico prohibits questions about felony convictions on job applications. Is your business complying with this new law? “Ban the box” refers to the box on an employment application that is checked if the applicant has ever been convicted of a felony. In recent years, the movement to “Ban the box” has gained momentum as …
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 …
Can A Landlord Keep Property Owned by a Tenant If The Tenant Breaks Their Lease?
The Landlord’s Lien. Under New Mexico law, a landlord has what is known as a “Landlord’s Lien” on property that is housed within the space that is being rented. This means that a landlord has a lien on the property which remains in the rented location for the rent due under the terms of a lease. If a business has …
Should My Business Deal With An “Advocate”?
There is a difference between being an “Advocate” and “practicing law”. Good Advocates do not cross the line. Advocates are individuals who work on behalf of another person. People in need of advocates generally are those who would have difficulty trying to maneuver within a complex, structured system. Examples of systems or situations that would require advocacy would be the …
Ponzi Scheme vs. Pyramid Scheme
New Mexico Has Known Its Fair Share of Scams. Back in the early 2000’s there was a buzz among professional women in Albuquerque. I became aware of it when a friend told me she was advancing $5000 from her credit card in order to participate in an investment program that was by invitation only, and open solely to women. She …
Can Businesses Make Exceptions To COVID-19 Face Mask Requirements For Clients?
As businesses slowly reopen from forced closure and the Stay- at- Home requirements are gradually lifted, business owners find themselves trying to navigate the new guidelines of the State, CDC and OSHA while keeping their clients happy. The mandate for the public to wear masks tends to be the current requirement that is causing the most conversation among business owners …
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 …
Team Up For New Mexico Talks Business with Larry Donahue
Larry Donahue, Partner at Business Law Southwest and Law 4 Small Business, discusses the reopening of New Mexico’s Businesses after the COVID-19 shutdown. ESPN Radio http://www.1017theteam.com/ welcomed Larry Donahue back to their show to talk about the re-opening of New Mexico’s small businesses. Topics such as current legal concerns among business owners, tips to open businesses up safely and ways …
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 …
