Law (In Plain English)¨ for Small Business, 2E / Edition 2

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Overview

Starting a small business is easy. Doing it right is not.

Every decision you make today directly impacts your future success. Careful planning is crucial for identifying your goals and creating a path to achievement. Understanding the many legal obligations as well as legal protections available to you is key.
The Law (In Plain English)® for Small Business is your one-stop guide for making the right decision every time. It covers the topics that concern you the most and provides clear and accurate explanations of the laws affecting your small business. All the basic tools needed to begin operations are included such as-

--Incorporating
--Advertising
--Taxes
--Licenses
--Trademarks
--Insurance

It also keeps an eye on the future by examining such unique issues as-

--Franchising
--Succession Planning
--Multilevel Marketing
--eBusiness Considerations

No matter what stage your business is at, it is never too late to get on track. So, whether you are thinking about opening a small business, wanting to make sure that you do it right, or ready to expand to the next level-The Law (In Plain English)® for Small Business has everything you need!

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Product Details

  • ISBN-13: 9781572485990
  • Publisher: Sourcebooks, Incorporated
  • Publication date: 3/1/2007
  • Series: Law in Plain English Ser.
  • Edition description: 2ND
  • Edition number: 2
  • Pages: 320
  • Product dimensions: 7.00 (w) x 9.00 (h) x 0.81 (d)

Meet the Author

Leonard D. DuBoff is an internationally recognized expert who has lectured on legal issues throughout the world. He began his legal career in New York, then relocated to Palo Alto, California where he started teaching at the Stanford Law School. Subsequently, he moved to Portland, Oregon where he taught law at Lewis & Clark Law School. DuBoff spent almost a quarter of a century teaching business and intellectual property law.

While a full time law professor, DuBoff was also Of Counsel to law firms and maintained that relationship until 1994 when he left full-time teaching to found his own law firm that specializes in business and intellectual property law. DuBoff has received academic awards from President Lyndon Johnson, New York Governor Nelson Rockefeller, and in 1990, he received the Governor's Arts Award from Oregon Governor Neil Goldschmidt.

In addition to practicing law, DuBoff has also been involved in its creation. In the late 1980s, he testified in support of the Visual Artist's Rights Act of 1990, at the request of Senator Edward Kennedy of Massachusetts. He has also provided Conress with testimony related to several cultural and intellectual property treaties and he has worked with state legislatures on their legislation as well.

A prolific author, DuBoff has written numerous articles for scholarly journals, practical articles for lawyers bar publications and articles for nonlawyers as well. He has regular columns in several publications. He is coauthor of the law school text-Cases and Materials on Art Law.

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Table of Contents

Preface

Chapter 1: Organizing Your Business
- Sole Proprietorships
- Partnerships and Joint Ventures
- Limited Partnerships
- Corporations
- S Corporations
- Limited Liability Companies and Limited Liability Partnerships
- Hybrids

Chapter 2: Business Organization Checklist
- Accountant
- Business Name
- Business Structure

Chapter 3: Developing Your Business Plan
- Executive Summary
- History
- Products and Services
- The Market
- The Competition
- Source of Work
- Management
- Financial Data
- The Business Plan Team

Chapter 4: Borrowing from Banks
- Loan Proposal
- Business Outlook
- Application
- Lender's Rules and Limitations
- Details of the Agreement
- Communication when Problems Arise
- Venture Capital

Chapter 5: Going Public
- Advantages of Going Public
- Disadvantages of Going Public
- Federal and State Securities Laws
- Initial Public Offering
- Privatization

Chapter 6: Contracts
- Contract Basics
- Types of Contracts
- Understanding Contract Principles
- Proving an Agreement
- Essentials to Put in Writing
- No-Cost Written Agreements
- Contracting Online
- Consumer Protection Laws

Chapter 7: Consignment -
- Advantages
- Disadvantages
- Special Laws for Artists

Chapter 8: Collections
- Point-of-Sale Payments
- Consignment
- Invoicing
- Ways of Encouraging Payment
- When Payment Never Comes
- Bankruptcies

Chapter 9: Expanding Your Market
- Franchising
- Multilevel Marketing

Chapter 10: Patents and Trade Secrets -
- Patents
- Trade Secrets

Chapter 11: Trademarks
- Definition
- Prohibited Trademarks
- Protecting a Trademark
- Confusingly Similar
- Federal Registration
- Applications Based on Actual Use
- Applications Based on Intent-to-Use
- Constructive Use
- Benefits of Registration
- Duration
- Supplemental Register
- Loss of Protection
- Infringement
- Antidilution
- International Protection
- State Registration
- Using an Attorney

Chapter 12: Copyrights -
- Copyright Law Foundation
- Copyrightable Material
- Scope of Protection
- Ownership
- Works Made for Hire
- Derivative Works
- Collective Works
- Copyright Protection for Utilitarian Objects
- Notice Requirement
- Application Process
- Period of Protection
- Infringement

Chapter 13: Advertising
- Government Regulation
- Comparative Advertising
- Publicity and Privacy
- Unauthorized Use of Trademark
- Trade Dress

Chapter 14: Licensing
- General Consideration
- Licensing Hazards
- Method of Payment
- Acknowledgment of Ownership
- Quality Control
- Signature

Chapter 15: The Internet
- Protecting Business Property
- Protecting Consumer Information
- Domain Names
- Internet Advertising
- Audits
- Copyright Concerns
- Server Protection
- Email
- Spam
- Viruses, Worms, and Traps
- Security for Online Commerce

Chapter 16: Warranties
- Express Warranties
- Implied Warranties
- Disclaimers
Magnuson-Moss Warranty Act
Using an Attorney

Chapter 17: Product LiabilityDefective Products
Types of Defects
Federal Laws
Product Liability
Liability Insurance

Chapter 18: Business InsuranceBasics of Insurance Law
Property Covered
When and How to Insure

Chapter 19: People Who Work for You -Independent Contractors
Employees
Employment Contracts
Other Considerations in Hiring
Hazards in the Workplace
Termination of Employment

Chapter 20: Keeping Taxes LowIncome Spreading
Spreading Income among Family Members
Family Corporations and Limited Liability Companies
Qualifying for Business Deductions
Deductions for the Use of a Home in Business
Other Professional Expenses
Travel Expenses
Entertainment Expenses
Conventions
Logbooks
Charitable Deductions
Grants, Prizes, and Awards
Health Insurance

Chapter 21: Zoning
Local Zoning Restrictions
Federal Regulations
Telecommuting and Web-Based Businesses

Chapter 22: Renting Commercial Space
Premises
Cost
Term
Restrictions
Remodeling
Utilities
Security and Zoning
Written Document

Chapter 23: Pension PlansDefined Benefit Plans
Defined Contribution Plans
Designing and Documenting a Plan
Employer-Sponsored Plan
Investments in a Qualified Plan

Chapter 24: Estate Planning -
The Will
Payment of Testator's Debts
Disposition of Property not Willed
Advantages to Having a Will
Estate Taxes
Distributing Property Outside the Will
Probate

Chapter 25: Finding a Lawyer and an Accountant
Finding a Lawyer
Finding an Accountant

Glossary
Index -
About the Author -

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