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


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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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, Incorporated
  • 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 began his renowned legal career teaching at the Stanford Law School. He then became a Professor at Lewis & Clark Law School in Portland, Oregon, where he taught for over twenty-three years. DuBoff was Of Counsel to three Portland area law firms and one New York law firm before founding The DuBoff Law Group.

DuBoff, who obtained his engineering degree from Hofstra University magna cum laude and his law degree summa cum laude from Brooklyn Law School, where he graduated with the then-highest academic average in the history of the law school, is licensed to practice in both New York and Oregon. He is also admitted to over fifteen federal courts-including the United States Court of International Trade and the United States Supreme Court. His major practice areas include art law, crafts law, international law, copyright law, trademark law, and business law. He has served on task forces which revised numerous laws, including the Oregon corporation code and the Oregon not-for-profit corporation code, among others.

He is an art lover and enthusiast with over thirty-five years' experience studying, teaching, writing, and breathing art and crafts law, as well as working with creative people in other genres. Known as one of the leading authorities on art law, DuBoff's works are frequently referenced by judges, lawyers, and anyone interested in knowing about the law in this field. He has served on numerous advisory boards, testified before legislative bodies on both the state and federal levels, and received several accolades for his work and devotion, including the Oregon Governor's Arts Award. DuBoff also received an award from President Lyndon Johnson for his academic achievements in the natural sciences and an award from New York Governor Nelson Rockefeller.

DuBoff's influence is immense. He is the author of over fifteen books directly related to art, crafts, galleries, photography, publishing, and business, as well as countless articles on these subjects. In fact, one of his books has been translated into Chinese. In addition to The Antique and Art Collector's Legal Guide (1st ed.), Sourcebooks, Inc./Sphinx Publishing is proud to publish his The Law (In Plain English)® for Small Business (2nd ed.), The Law (In Plain English)® for Writers (lead author with Bert Krages, 4th ed), and The Law (In Plain English)® for Restaurants and Others in the Food Industry (lead author with Christy King, 1st ed.), as well as this volume, The Law (In Plain English)® for Doctors, Dentists and Other Health Care Professionals. DuBoff is a frequent contributor to Art Trends Magazine, Communication Arts, Glass Craftsman, Picture Magazine, Woodshop News, Critical Issues, and numerous scholarly legal publications.

DuBoff shares his passion with his wife and three children. He currently lives in Portland, Oregon, though his firm handles matters throughout the United States on a regular basis.

Christy O. King is an attorney in Portland, Oregon, where she is a principal with The DuBoff Law Group, LLC. She is licensed to practice in Oregon and Washington and for 15 years has had an active practice representing clients in intellectual property, business, employment, contract and corporate law matters.

She is coauthor with Leonard DuBoff of the Deskbook of Art Law, the preeminant treatise in the field, Art Law in a Nutshell, The Law (In Plain English)® for Restaurants and Others in the Food Industry, and The Law (In Plain English)® for Doctors, Dentists and Other Health Care Professionals. She is also the co-author of numerous scholarly and practical articles which appear in bar journals, as well as editor-in-chief of the Critical Issues newsletter.

King graduated from Louisiana State University with a degree in journalism and earned her law degree cum laude from Lewis & Clark Law School.

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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

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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