The Law In Plain English For Restaurants And Others In The Food Industry

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Make Your Restaurant Thrive.

Cooking is your passion. Making a living with your cuisine is your dream. Organizing your restaurant is the key to your success.

The Law (In Plain English)® for Restaurants is your comprehensive guide to working in the food industry. It looks at the business of running a ...

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Overview

Make Your Restaurant Thrive.

Cooking is your passion. Making a living with your cuisine is your dream. Organizing your restaurant is the key to your success.

The Law (In Plain English)® for Restaurants is your comprehensive guide to working in the food industry. It looks at the business of running a restaurant and clarifies the laws affecting your business. Learn all the essential details to become a success and gain valuable insight on issues unique to the restaurant industry, such as-
- Protecting Recipes
- Tax Rules for Tips
- Franchising
- Trademarks for Menus and Products
- Hiring and Firing
- Leases
- Advertising
- Insurance

Whether you are dreaming of opening a restaurant, wanting to ensure that your business is on track or ready to expand to the next level, The Law (In Plain English)® for Restaurants has everything you need!

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Product Details

  • ISBN-13: 9781572485235
  • Publisher: Sourcebooks
  • Publication date: 2/1/2006
  • Series: Law (in Plain English) Series
  • Edition number: 1
  • Pages: 306
  • Product dimensions: 7.00 (w) x 9.00 (h) x 0.80 (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 and New York Governor Nelson Rockefeller. 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 assisting with legislation. 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 Congress 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 Art Law Cases and Materials.

He has also written a host of other books including:
Art Law: Domestic and International
Deskbook of Art Law, two volume set
The Book Publishers Legal Guide
The Antique and Art Collector's Legal Guide
Art Law in a Nutshell
His business encyclopedia series includes:
The Crafts Business Encyclopedia
The Art Business Encyclopedia
The Entertainment Business Encyclopedia
His (In Plain English)® series includes:
The Law (In Plain English)® for Small Business
The Law (In Plain English)® for Crafts
Business And Legal Forms (In Plain English)® for Craftspeople
The Law (In Plain English)® for Galleries
The Law (In Plain English)® for Healthcare Professionals
The Law (In Plain English)® for Writers
The Law (In Plain English)® for Photographers
Hi Tech Law (In Plain English)®

Christy O. King is an attorney in Portland, Oregon, where she practices with The DuBoff Law Group, LLC. She is coauthor of the Deskbook of Art Law and Art Law in a Nutshell, and editor-in-chief of the Critical Issues newsletter published by the DuBoff Law Group. She is the author of numerous articles in the field of intellectual property and art law, and has an active practice representing clients in intellectual property, business, and corporate law matters.

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Table of Contents

Preface -
Foreword -
Introduction -

Chapter 1: Organizing Your Business -
Sole Proprietorships
Partnerships and Joint Ventures
Limited Partnerships
Unintended Partners
Corporations
S Corporations
Limited Liability Companies
Precautions for Minority Owners
Hybrids

Chapter 2: Business Organization Checklist -
Accountant
Business Name
Business Structure: Partnership
Business Structure: Corporations and LLCs

Chapter 3: The Business Plan -
Executive Summary
History
Nature of the Business
The Market
The Competition
Source of Supplies
Management
Financial Data
The Business Plan Team

Chapter 4: Borrowing from Banks -
Starting Your Search
The Loan Proposal
Repayment
Analyzing Your Business Potential
Options for Owners of New Businesses
Lender's Rules and Limitations
Details of the Agreement
The Loan Application
Importance of Communication when Problems Arise

Chapter 5: Going Public -
Advantages of Going Public
Disadvantages of Going Public
The Initial Public Offering
Federal and State Securities Laws
The Attorney's Role
The Accountant's Role
The Banker's Role
The Underwriter's and Selling Agent's Roles
Privatization

Chapter 6: Contracts -
What Is a Contract?
Types of Contracts
Contracting Online

Chapter 7: Franchising -
Franchises
What to Look For

Chapter 8: Patents and Trade Secrets -
Patent Protection
International Patents
Trade Secrets
Patent or Padlock Dilemma
Trade Secret Protection

Chapter 9: Trademarks -
The Need for a Recognizable Mark
Prohibited Trademarks
Protecting a Trademark
Federal Registration of a Trademark
Trademark Loss and Infringement
International Protection
State Registration
Using an Attorney

Chapter 10: Copyrights -
What Can Be Copyrighted
Scope of Protection
Ownership of Copyright
Works Made for Hire
Derivative Works
Collective Works
Copyright Protection for Utilitarian Objects
Notice Requirement
Filing an Application and Depositing the Work
Period of Protection
Infringement
Fair Use

Chapter 11: Advertising -
Government Regulation
Comparative Advertising
Publicity and Privacy
Unauthorized Use of Trademark or Copyrighted Material
Geographic Locations
Trade Dress

Chapter 12: Commercial Opportunities and Activities -
Licensing Trademarks
Licensing Copyrights
Licensing Other Intellectual Property
Licensing Cautions
Consignment

Chapter 13: The Internet -
Intellectual Property Protection
Domain Names
Internet Advertising
Other Intellectual Property Issues
Server Protection
Email
Viruses

Chapter 14: Warranties and Consumers -
Elements of an Express Warranty
Implied Warranties
Disclaimers
Legal Advice Regarding Risks

Chapter 15: Product Liability -
History of Liability Law
Product Liability
Federal Laws
Think Before You Pour
Liability Insurance

Chapter 16: Business Insurance -
Expectations vs. Reality
Scheduling Property
When to Insure
Keeping the Cost Down

Chapter 17: People Who Work for You -
Independent Contractors
Employees
Employment Contracts
Other Considerations in Hiring
Hazards in the Workplace
Discrimination
Job Descriptions
Employee Handbooks
Zero Tolerance Policies
The Family and Medical Leave Act
Minimum Wage and Overtime
Tips
Termination of Employment

Chapter 18: Keeping Taxes Low -
Income Spreading
Taxes on Accumulated Earnings and Passive Investment Income
Qualifying for Business Deductions
Special Rules for Payroll Taxes on Tips
Deductions for the Use of a Home in Business
Other Professional Expenses
Travel Expenses
Entertainment Expenses
Expenses the IRS Scrutinizes
Recordkeeping
Charitable Deductions
Health Insurance

Chapter 19: Renting Commercial Space and Zoning Issues -
Who Pays for What?
Security and Zoning
Home-Based Operations

Chapter 20:Pension Plans -
Defined Benefit Plans
Designing and Documenting a Plan

Chapter 21: Estate Planning -
The Will
Disposition of Property Not Willed
Advantages to Having a Will
Estate Taxes
Distributing Property Outside the Will
Probate
Conclusion

Chapter 22: How to Find a Lawyer and an Accountant -
Finding a Lawyer
Finding an Accountant

Glossary -
Appendix: Restaurant Associations -
Index -
About the Authors

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