BUSINESS LAW

Business law or Commercial law governs business and commerce, often being considered a branch of civil law, dealing with both issues of private law and public law. Business law regulates corporate contracts, hiring practices, and manufacturing and selling of consumer goods.
 

FAQ - We can help you with answers to your questions, including:

• What is a business’s ‘duty of care’?
  
  
• What is the difference between civil and criminal liability in business?
  
  
• What is a business plan?
  
  
• Do I need to create a business plan even if I’m not going to borrow money?
  
  
• How do I write a business plan?
  
  
• What is the legal procedure for merging two companies?
  
  
• What is “piercing the corporate veil”?
  
  
• What is business law?
  
  
• What is involved in properly setting up and maintaining your business as a corporation?
  
  
• What is a limited liability company (LLC) and how is it set up?
  
  
• What are the possible consequences of being personally liable for business’ debts and obligations?
  
  
• How often should a corporation hold meetings and update its minutes?
  
  
• Is it a good idea to have a buy-sell agreement for a corporation?
  

Job interviews

• What should employers be aware of in conducting job interviews?
  
  
• What types of questions may imply discrimination?
  

Small business laws

• I’m worried about “training the competition.”  Is there anything I can do to prevent this?  I’ve heard non-competition agreements aren’t enforceable.  Is that true?
  
  
• What are the federal securities laws?
  
  
• Can the franchisor be taken to court in the franchisee’s home state?
  
  
• Can I set up a corporation without a lawyer?
  
  
• In what circumstances is a company in ‘breach of duty’?
  
  
• What is the difference between civil and criminal liability in business?
  
  
• How does tort relate to business activities?
  
  
• How does ‘negligence’ relate to business activity?
  

EEOC discrimination laws

• What laws does the EEOC enforce and do they apply to my business?
  
  
• How do I determine if a business of my size is covered by the EEOC laws?
  
  
• Who may file a charge of discrimination with the EEOC?
  
  
• When can a charge of discrimination be filed?
  
  
• Can a small business resolve a charge without undergoing an investigation or facing a lawsuit?
  

Business tax evasion

• Is the tax law unconstitutional?
  
  
• What types of income and individuals does the tax law apply?
  
  
• What does Code Section 861 state?
  
  
• Who can the government assess taxes against?
  

Partnerships and sole proprietorships

• What do I need to know if I’m going into business for myself?
  
  
• What form of business entity should I use?
  
  
• What are the pro’s and con’s of a sole proprietorship?
  
  
• What are the pro’s and con’s of a corporation?
  
  
• What’s an “S” corporation?
  
  
• What are the pro’s and con’s of a partnership?
  
  
• Is a limited partnership any different?
  
  
• What is a limited liability company and how is it different from a limited partnership?
  
  
• Why not just use an “S” corporation rather than a limited liability company?
  
  
• What is a franchise?
  
  
• What are some of the most common mistakes that people make when they go into business for themselves?
  
  
• What are some of the major risks in running a business?
  
  
• What kind of tax liabilities do I have to worry about in my business?
  
  
• Can I avoid payroll tax issues by hiring independent contractors?
  

Contracts and agreements

• Do I always need a written agreement?
  
  
• Should I have a corporate attorney?
  
  
• What are the basic areas of the law that I should know to help keep me out of legal hot water?
  
  
• How important are corporate records?
  
  
• What should I look at when documenting partners’ rights and responsibilities?
  
  
• How do I avoid litigation?
  
  
• What is intellectual property?  How can it affect me?
  

Resources & Forms

Incorporation Questionnaire (PDF)

Getting Started

ACW Law has talented lawyers waiting to help you with your business law issues.

Bob Creager
Craig Wittstruck
Amie Martinez