30 Dec 2015
A contract is nothing more than an agreement. Contracts can be verbal or written. A contract should set forth the rights and responsibilities of the parties to the contract. Simply put, who is going to do what. Setting forth, in writing, your agreements is a vital exercise for the health of your business and your relationships. By creating a written contract you are able to manage the expectations of the parties to the contract. Most importantly, a well written contract will help you to avoid disputes in the future.
There has been a tremendous amount of discussion this summer over the United State Supreme Court’s decision to recognize same sex marriage throughout the United States. You may not have considered how this decision could possibly affect your business. Your action or inaction, in light of this decision may place you directly in the line of fire of employment discrimination claims.
The legalization of marijuana in Nevada creates murky waters for Nevada’s businesses. The sale and use of marijuana remains illegal under federal law. The Controlled Substances Act, so long as it remains unchanged by Congress, will keep waters murky for such issues as whether you can enforce a “drug-free” workplace policy; whether you employees can claim that you have violated the Americans With Disabilities Act (ADA); and the extent to which you can get sued if an employee under the influence of marijuana injures another employee or member of the public.
15 Nov 2015
On August 26, 2015, Bryce Williams shot two former co-workers, Alison Parker and Adam Ward, on live television. Williams had been a troubled employee of the television station where they had all worked. There had been numerous complaints by and about Williams as an employee. In listening to coverage after the tragedy, I heard a commentator state that it was “reasonably foreseeable” that Williams would engage in this violent conduct.
03 Nov 2015
You started your business to follow your passion; to create something; to make money. You have just been sued and it seems like all of that can be taken away from you in one fell swoop. It is important that you understand the process of litigation and conduct your actions in the most proactive way to protect your business. The following outlines the basic life of a lawsuit:
A lawsuit starts with the filing of a complaint. A complaint generally sets forth the parties to the lawsuit and the facts alleged. Upon the filing of a complaint, a summons is issued. When you get served (you are the “defendant” in the action), you will receive a copy of the complaint along with the summons.
In order to be a viable Nevada Limited Liability Company (LLC) you need only file Articles of Organization with the Nevada Secretary of State. However, if there is more than one owner of the LLC, running your business without an Operating Agreement (OA) is like lying naked by your pool for the whole month of July without sunscreen. You are going to get hurt; ill; you may die; and you will surely regret it.
As a business owner, you are no doubt a planner. You plan for the start of your business. You plan for each expansion of your business. You plan when you are going to hire more staff or buy new equipment. But have you planned your exit strategy?
As you may be aware, the 2015 Nevada Legislature and Governor Sandoval created a new gross receipts tax that affects Nevada businesses. The tax has commonly been referred to as the “Commerce Tax” and will impact all Nevada businesses. Although the tax will only be due on gross receipts that exceed $4,000,000, all Nevada businesses will be required to report to the State. This may seem like old news, but as with all things, the devil is in the details. You have the ability to have your voice heard and have the State take your business concerns into account as the details are being created.