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.

Robert Creager
Craig Wittstruck
Amie Martinez