Legal Insights

Employment Law Series: Compensation

Wages and benefits are probably the most important concern to a company’s employees. Companies, regardless of size, must ensure they are adequately, fairly, and properly compensating their employees. Wage and hour laws can be very complex, and it is critical for business owners to be aware of and adhere to these laws. Wage and hour lawsuits are among the most popular employment lawsuits and are among the most expensive to litigate and defend. Minimum Wage The Fair Labor Standards Act (F...

Dollars & Sense: Buy a Home or Just Keep Renting?

Homeownership has always been part of the “American Dream.” Conventional wisdom used to be that you grow up, settle down, and buy a house—because it’s a great long-term investment. The recent housing crisis and the corresponding recession made that dream a nightmare for many. The fallacy that homeownership equates to financial stability no longer exists. Today, homeownership is a personal decision that is heavily dependent on the prospective buyer’s specific set of circumstance...

Employment Law Series: Maintaining a Compliant Workforce

It is important for companies, regardless of size, to regularly review human resources and benefits-related notices, records and procedures to ensure compliance with the law and prevent potential liability. While not exhaustive, this article provides general information on maintaining human resource compliance within your company. Hiring When hiring, employers must make sure job descriptions, advertisements, and interviews are compliant with the Americans with Disabilities Act (ADA) and also...

Alternative Corporate Structures for Socially Conscious Startups

Sole Proprietorships, General Partnerships, Limited Partnerships, Limited Liabilities Partnerships, S-Corporations, C-Corporations; all part of the traditional business structures. However, for certain businesses, there are newer business structures such as B-Corp, L3C, and Flexible Purpose Corporations, all highlighted in a recent infographic from Notations on Nonprofits. These entities, designed for charitable, for-profit entities or other, for-profit entities that operate to help the grea...

Defend Trade Secrets Act: What Businesses Should Know

A major change in a Federal Law passed recently, and it’s something you as a business owner may have missed. Passed by Congress in April and signed into law by President Obama in May, the Defend Trade Secrets Act amends current Economic Espionage Act of 1996, which criminalizes certain trade secret misappropriations, to allow civil lawsuits. While this is important for intellectual property owners, the law may have a much larger impact on your business than you may think. For starters,...

Attorney Marketing: A Live Chat Dilemma

Have you ever gone to a website and noticed a small popup in the bottom left or right-hand corner, saying something along the lines of “Live Chat Online Now” or “Hello, my name is Alex, how may I assist you” with a little button that says “chat now”?  It’s a common practice among attorneys to use platforms like Ngage Live Chat, SnapEngage, Altrumedia, and more as an attempt to instantly connect with potential clients. How Attorney Live Chat Works In an oversimplified s...

Tips and Tricks for Tackling Law School Debt

According to the American Bar Association, in 2012, the average debt taken on by a law school student who attended a public school was $84,000, and for a private school $122,158. This does not include the cost of an undergraduate degree or a master’s degree. Even if a recent law school graduate is able to get a coveted job at a well-paying law firm, the burden of student loans makes it more difficult for attorneys to establish themselves financially, including purchasing a home. The amo...

Employment Law Series: Recruiting and Hiring

Companies, regardless of size, face the challenge of finding people who share in their vision and are willing to invest their time and energy for the sake of the company. Employment and human resources legal issues can easily get overlooked, and companies often make legal mistakes, which can make them targets in lawsuits by current and former employees. This four-part series will include the employment law issues companies must consider when recruiting and hiring, compensating, maintaining ...

How Attorneys Can Get Big Web Traffic with Infographics

For attorneys, getting your name out in front of potential clients can be an uphill battle. This means that you need to pick your spots and get the most out of your marketing activities and dollars. To do this, you have to effectively put yourself in the shoes of your clients. What do they want to know, and how are you going to provide it to them? Infographics Are Your Secret Weapon In recent posts, we’ve covered podcasting for attorneys and social media for attorneys, but there is ano...

Is Your Ecommerce Website Liable for ADA Noncompliance?

In what was described as a “landmark decision,” a California Court recently ruled that online retailers can be sued for failure to provide an accessible website to visually impaired users.  In Davis v. BMI/BND Travelware, Case. No. CIV-DS-1504682, the court granted judgment to the plaintiff before trial, finding that he “presented sufficient evidence that he was denied full and equal enjoyment of the goods, services, privileges, and accommodations offered by Defendant because of...

Starting a New Law Practice: Go Solo or Join a Partnership?

Whether you have just passed the bar or you have been in practice for years, many attorneys eventually decide to start their own practices. The first decision you need to make—and possibly, the most important—is whether to go solo or join a partnership. There are a number of advantages and disadvantages to each option, but here are some things to keep in mind when deciding which option is best for you.Solo PracticeTaking on a solo practice will be a lot of hard work, and will require a si...

Protecting Your Business: Top Legal Needs for Start-Up Companies

Starting a new business is a tremendous accomplishment and can be an exciting endeavor. In an effort to get their product or idea “out there,” some start-up companies may overlook the importance of legally protecting their products, ideas, the business, and even themselves as individuals. Here are some legal needs start-up companies must keep in mind at their inception: Incorporating the Company Many start-ups overlook the idea of incorporating their company. The most important reason...

Grounds for Deportation: How Does a Criminal Record Affect Immigration Status?

Regardless of immigration status, non-US citizens can be deported if they violate US laws. A judicial order of deportation can be requested and an immigrant may be deported for: (1) serious crimes of moral turpitude; (2) multiple criminal convictions; or (3) an aggravated felony, as discussed further below. Serious Crimes Involving Moral TurpitudeAlthough not specifically defined, serious crimes involving moral turpitude generally refer to conduct that shocks the public conscience, and resu...

Tips for Negotiating and Signing an Important Contract

Whether it’s a new job, buying a car, or entering into a business agreement, negotiating can seem like an arduous, stressful, and, sometimes, awkward task. According to Webster’s dictionary, negotiate means “to confer with another so as to arrive at the settlement of the matter.” Since you have to work with another, negotiation inherently requires compromise, which usually requires each party to make concessions in order to reach an agreement. Optimally, you want to add the terms t...

Slip and Fall, Now What?

Slip and fall accidents happen often, and can happen to anyone, anywhere. The weather does not have to be icy, snowy, or wet, and they can occur inside or outside. A property owner has a duty of care to ensure that their property is safe, but they do not have to guarantee your safety. If you are injured on someone else’s property, you could be entitled to compensation for your medical bills, lost time at work, and pain and suffering.  If you happen to fall on someone else’s pro...

How to Stay in Your Home After the Initiation of Foreclosure Proceedings

Losing your home to foreclosure is a difficult and emotional process for anyone who has to go through it. Some homeowners believe after they miss a few mortgage payments, they must vacate their home immediately; however, most lenders will not begin foreclosure proceedings until a borrower is three to six months behind on their payments. Most homeowners don’t know that you legally own your home until the day that the home is sold, and you don’t have to leave your home just because forec...

Beyond the Basic Biography: How to Craft an Effective Attorney Bio

What is the most popular page on an attorney’s website? Besides the homepage and any “viral” blogs that would be considered outliers, the most popular (and important) page on your website is your own personal biography page. People want to know about you. Studies have found that up to 56% of website traffic goes to the attorney bio pages, and that 90% of general counsel claim the attorney bios are the most important part of a law firm’s website. Essentially, a potential client want...

Understanding Reproductive Laws

In today’s society, the definition of “family” has many different meanings, and how a family is created has changed dramatically. From sperm and egg donation to surrogacy, the manner of how individuals become parents has evolved from a more “traditional” process to one where there can be a multitude of legal issues.Sperm Donation Sperm Donation is the more “traditional” of the untraditional family formation. It is typically used by heterosexual couples with male infertility, s...

Copyright Concerns for Online Self-Published Authors

Not all books, literature, or works of art are published by large publishing houses. Particularly, in the digital and internet age, many authors are self-publishing. For these authors, self-publishing creates independence for creativity. However, without the due diligence provided by larger publishing houses, self-published authors are more susceptible to infringement of their work or accidental infringement of the work of others. Due to this susceptibility, online self-published authors sh...

Legal Remedies for “At Will Employees”

While most employees are considered “at will”—meaning that they may be terminated for any reason and at any time—they still have legal rights when they are improperly treated and/or wrongfully terminated, including receiving compensation already accrued, continued health care, and, in some cases, severance, the collection of unemployment benefits, and other damages. If an employee believes that he or she had been improperly terminated, he or she must establish a basis for alleging wr...