Most Recent Attorney’s Blog Posts

  • FEDERAL EQUITY-BASED CROWDFUNDING IS HERE! (Almost)
    Last week, the Securities Exchange Commission finally adopted regulations to permit equity-based crowdfunding at the federal level.  These regulations will be effective in 6 months.  This is a monumental change in federal policy that many entrepreneurs and business owners have been waiting on for years and will allow small businesses across the country to solicit to the masses AND receive funds from the masses in exchange for equity ownership in their business.  Equity-based crowdfunding at the federal level began as part of Title III of the Jumpstart Our Business Startups (“JOBS”) Act of 2012.  In 2013, the SEC proposed regulations ... read more
    Source: KKOSLawyersPublished on 2015-11-03By Kevin Kennedy
  • QUIRKY LLC ISSUES IN MANY STATES: DON’T MAKE A ROOKIE MISTAKE
    The Limited Liability Company (“LLC”) has become the de facto business entity of choice for many small business owners and real estate investors. While it can be easy to set up an LLC on-line, it is very difficult to PROPERLY set up an LLC on-line given the fact that not every LLC is the same and that each state has different requirements and restrictions that need to be taken into account. Here’s just a short list of some quirky LLC issues that could apply in your state. California Franchise Tax – An $800 minimum fee/tax on your LLC due each ... read more
    Source: KKOSLawyersPublished on 2015-10-27By Mat
  • NON-COMPETE CLAUSES AND THEIR ENFOREABILITY
    One of the most exciting aspects of being an entrepreneur is taking an idea and transforming it into a successful, thriving enterprise.  Unfortunately, sometimes in their haste and excitement to develop and monetize the idea, entrepreneurs may overlook necessary steps to protect their own creation. Prudent Business owners often seek to protect their products, services, secrets, clients or techniques from being used by their competitors, or even worse, one of their own partners or employees who decides to leave the business.  As such, a business owner may enter into a non-competition or non-solicitation agreements with their partners or employees to ... read more
    Source: KKOSLawyersPublished on 2015-10-26By Lee Chen
  • What can Cinderella teach us about Estate Planning?
    “Once upon a time in a faraway land, there was a tiny kingdom – peaceful, prosperous, and rich in romance and tradition. Here in a stately chateau, there lived a widowed gentleman and his little daughter, Cinderella. Although he was a kind and devoted father, and gave his beloved child every luxury and comfort, still he felt she needed a mother’s care. And so he married again, choosing for his second wife a woman of good family with two daughters just Cinderella’s age, by name, Anastasia and Drizella. It was upon the untimely death of this good man, however, that ... read more
    Source: KKOSLawyersPublished on 2015-10-13By Jarom Bergeson
  • DID YOU COMPLETE YOUR IRA BENEFICIARY FORM PROPERLY? IRA BENEFICIARY PLANNING 101
    Two of the main benefits of setting up an IRA or other retirement account are its tax-preferred treatment and its protection from creditors.  There are exceptions to this and depending on the type of retirement account and where you live, there will be varying levels of creditor protection and tax benefits, but these are two of the main reasons why someone would spend years saving and building their retirement account.  The question then becomes what happens to these benefits when you die?  In other words, how will your retirement account be taxed in the hands of your loved ones and ... read more
    Source: KKOSLawyersPublished on 2015-09-28By Kevin Kennedy
  • What is a Fictitious Business Name or “DBA”?
    One may ask…”What’s in a Name”? Well, to a business owner it can be one of the most important assets for creating sales, branding and reaching that target market. A Fictitious Business Name (also known as a “DBA” which stands for “Doing Business As”) is a name a person (or entity) uses to conduct business that is something other than his/her/ its legal name. It gives the business owner an opportunity to lock down the name and start branding it without the fear someone may steal it. A DBA is also used by individuals or entities that want to use ... read more
    Source: KKOSLawyersPublished on 2015-09-22By Lee Chen
  • DON’T LOSE YOUR TRADEMARK: 3 ADDITIONAL FILINGS YOU MUST KNOW
    You’ve registered a trademark with the USPTO, but have you made subsequent Section 8 (after 5 years) and Section 9 filings (after 9 years) to maintain your trademark? If not, the USPTO will cancel your trademark. This article summarizes the three key trademark maintenance requirements every business owner should know. The idea of taking the time and effort to maintain the property we own certainly isn’t a foreign concept.  We know we need to perform maintenance and repairs on our personal residences and other real estate holdings in order to preserve their value.  We change the oil and get regular ... read more
    Source: KKOSLawyersPublished on 2015-09-07By Jarom Bergeson
  • Arbitration versus Court- You have Options!
    Many people, especially in real estate or other commercial settings, sign agreements agreeing to arbitration without having an understanding of the implications and what that means.   The Constitution guarantees you the right to a trial by a jury of your peers. This is fairly unique to the United States at least for non-criminal matters. The idea of a trial by jury is to have cases decided by cross section of the community and to allow community norms and values to play a part in deciding cases. However, when you agree to arbitration, you are essentially waiving your right to a ... read more
    Source: KKOSLawyersPublished on 2015-09-01By Lee Chen
  • ESTATE PLANNING NUTS AND BOLTS: WHAT YOUR LAWYER WILL TELL YOU
    In today’s society, almost everyone needs a car, but not everyone needs an SUV.  Similarly, almost everyone should have an estate plan, but not everyone needs a complicated and expensive estate plan.  It’s important to get an estate plan that fits your situation.  You might not need an estate plan with all of the bells and whistles, but that doesn’t mean you don’t need an estate plan.  The peace of mind that comes with having even just a simple and basic estate plan is worth it. What is an Estate Plan? An estate plan is a set of documents that ... read more
    Source: KKOSLawyersPublished on 2015-08-24By Kevin Kennedy
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