Do the "Panama Papers" Spell the End of Offshore Planning as We Know It?
On April 3, 2016, 11.5 million leaked files from Panamanian law firm Mossack Fonseca (known as the “Panama Papers”) hit news outlets around the world. Mossack Fonseca specializes in offshore planning in countries regarded as “tax havens.” This torrent of leaked...
One of the Most Important Legal Principles That Every Small Business Owner Should Know
You may have heard the saying, “substance over form”. In the legal context, this is an established principle that is used by judges and business regulators throughout the country, particularly in the tax arena. As a small business owner, it is important that in all...
Doing Your Due-Diligence in Real Estate Deals
We are frequently called upon by clients to assist them with reviewing their real estate purchase transactions to ensure that their interests are adequately protected. While every real estate purchase transaction is different, there are due diligence items that are...
What’s the Difference Between a Copyright and a Trademark, and Why Does It Matter?
At least once a month, I get a phone call or email from a client who says: “Jarom, my business is absolutely blowing up! I need a copyright to protect my name and logo so some copycat doesn’t rip me off!” These clients are absolutely right about needing protection. ...
It’s 11:00 p.m. – Do You Know Who Your Account Beneficiaries Are?
As an attorney who practices in the area of Trusts and Estates, one of the most important pieces of advice I give to clients is to establish a revocable living trust to own real estate, small business interests, and other assets in order to effectuate the transfer of...
How to Bulletproof Your Lease Agreements
You lease agreement can be your best protection against a lawsuit or liability on your rental property. It can also mean the different between collecting from your tenant or from paying your tenant. The goal in having a strong rental agreement is to make it as easy...
Boilerplate Contract Clauses Every Business Owner and Investor Should Know
I know you've read a contract and "glossed" over sections with headings like "Indemnification" and "Severability". Although these clauses are often overlooked, these clauses are often included in most contracts for investments, equipment, services, and other business...
The Perils of On-Line Do-It-Yourself Legal Services
With explosion of the internet and e-commerce in the past twenty years, the internet has become the primary source for consumers for obtaining information and conducting business. The fact that we can now have access to the world with just a click of the button 24...
Cam Newton’s Terrible, Horrible, No Good, Very Bad (Tax) Day
Von Miller, DeMarcus Ware, and the rest of the Denver Broncos’ historically devastating defense harassed, hammered and battered 2015 NFL MVP Cam Newton into his worst performance of the season during the Broncos’ 24-10 victory in last weekend’s Super Bowl at Levi’s...
When Do I Need To Register My Business in Another State?
January is a time when most of us take the opportunity to reflect on the status of our lives. Many of us are setting goals and searching for ways to improve ourselves and our situations going forward into the New Year. For many business owners, this process focuses on...
Private Money Lending: Is My Loan Secure?
Private lending (commonly referred to as “Hard Money” in the Industry) is often touted as a safe vehicle for individuals who are new to real estate investing for learning the basics of evaluating a deal, or by experienced investors seeking to generate passive income...
5 Legal Tips to Start 2016 on the Right Foot
As one might expect, the dawning of a new year presents many great opportunities for legal planning. In fact, many of us procrastinate quality legal planning during the year because of our hectic lives…not because we don’t value its importance. However, life comes at...
How to Keep Your Business Secrets Secret
Most businesses at some point will have information that helps it to be successful which it wants to keep secret. It may not be the formula for Coca-Cola or the “secret sauce” for McDonalds, but most business will have some information that it would not want in the...
Don’t “Bypass” Your Best Planning Option – An AB Trust May Still Make Sense
Remember the “Fiscal Cliff”? In late 2012, you couldn’t turn on your TV, fire up the Internet, or glance at your smart phone without seeing some talking head chattering about how America as we know it would end if President Obama and Congressional Republicans couldn’t...
Is a 401K Loan a Viable Option to Fund Your Business?
One of the greatest aspects of the American Dream is starting your own business. Maybe you are a part-time entrepreneur that has the security of a “9 to 5” career while you transition into full-time self-employment. Or maybe you are close to retiring and want to...
Tips From Your Lawyer on Handling Property Management Companies
Most experienced real estate investors decide to use a property management company to handle the leasing and maintenance of their real estate investment. For many of our passive real estate investors, having the right property manager is a key component to generating...
The Operating Agreement: An LLC Owners Best Friend
Perhaps no other innovation is as indicative of America’s particular devotion to (and knack for) creative capitalism as the limited liability company (“LLC”). Born in America’s smallest state (Wyoming) in 1977, the LLC combines the pass-through taxation of a...
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...
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...
Non-Compete Clauses and their Enforceability
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...
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...
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...
Don't lose Your Trademark: 3 Additional Filing 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...
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...