Business Law

Monday, May 29, 2017

Top 5 Business Contract Considerations To Reduce Business Risk


As a businessperson, you are likely faced with multiple contract issues on a daily basis. The more contracts you read, the more numb you can become to the words endlessly flowing down, page after page. It’s easy to become complacent about the provisions in each contract, especially if you have not faced a breach of contract action. Even Read more . . .


Wednesday, March 29, 2017

What are the elements of a valid business contract in SC?


Contracts are the backbone of our society. They represent promises made and provide recourse to promises broken. People place a lot of value on contracts and rightfully so. However, with the advancement of the Internet and so-called do-it-yourself legal services, any document with the term “Contract” emblazoned on top has taken on some talismanic powers that may be undeserved.

As convenient as these ubiquitous template agreements may be, problems arise when individuals seek to enforce those agreements, only to find that the contracts are not valid.
Read more . . .


Sunday, March 26, 2017

Forming a Limited Liability Partnership in SC


Starting a business with someone can be an exciting endeavor. Spirits are high and hope springs eternal. Rarely is there a thought about what happens when things don’t go so well. Partnerships are like marriages that way.  

Any good Read more . . .


Tuesday, February 28, 2017

Employee vs. Independent Contractor - Beware the IRS Audit


One of the most important questions for any business owner is whether to classify a worker as an employee and an independent contractor.

The United States Department of Labor says that the misclassification of employees and independent contractors is one of the “most serious problems facing affected workers, employers and the entire economy.” This is one problem that an experienced labor and employment lawyer can help you avoid.


Read more . . .


Sunday, February 26, 2017

Should I include a mandatory arbitration clause in my business contract?


Arbitration is a way to resolve any disputes outside of the court system. Over the years, as court dockets have become impacted, arbitration clauses have become more popular in commercial contracts. By agreeing to binding arbitration parties agree to abide by the decision of one or more chosen neutral parties. The solution imposed is thus legally binding and does have the ability to be enforced in a court.

Arbitration In South Carolina

Arbitration has a long history in South Carolina, dating all the way back to the late 1700s.


Read more . . .


Monday, January 23, 2017

Business Advocates Call for Uniform Licensing Law


Should South Carolina have a uniform standard for issuing business licenses?

If you are starting a business in South Carolina, there are a number of steps you must take, starting with selecting the right business organization, filing foundational documents with the state, crafting a business plan, and obtaining the necessary business licenses.

While this seems straightforward, these matters can become complicated, particularly when it comes to licensing. This is because there is no uniform licensing law and the state's 270 cities and towns (and some counties) have different classifications, forms, due dates, term and renewal dates, and fees. So if you intend to operate in more than one municipality, there are many bridges to cross.


Read more . . .


Monday, January 16, 2017

Business Plans in a Nutshell


How can I prepare a business plan?

If you're planning to start a new business in 2017, having a well designed business plan is essential for attracting investors or other sources of capital. Moreover, creating a business plan is an essential first step in launching a new venture. This document establishes what your business does, where it plans to go, and how it plans to get there. In other words, it's your roadmap to success.

In short, a well crafted business plan will include a description of the business and the leadership team, the target market, what sets you from the competition, and last but not least, financial projections.


Read more . . .


Monday, December 19, 2016

Are Customer Lists Trade Secrets?


Many businesses have customer lists that they consider their own private property.  It is common, however, for sales representatives and other employees to regard customer lists as theirs too, something they can take to a new employer. Employment agreements, confidentiality agreements, non-competes, and non-solicitation agreements can all be used to eliminate confusion over whether a customer list is transferable or not. 

In the absence of clear contractual protections, however, case law and state trade secret laws may decide whether a list is the exclusive property of a business.


Read more . . .


Wednesday, December 14, 2016

Corporate Bylaws in a Nutshell


What should my business include in its corporate bylaws?

One of the key foundational documents for corporations and partnerships are corporate bylaws which establish the rules for the internal operations and governance of the entity. Unlike Articles of Incorporation, bylaws are not filed with the Secretary of State in South Carolina. While the state does not require businesses to create bylaws, this document is essential for establishing the day-to-day operations of an organization.

Bylaws also serve to make your business more legitimate in the eyes of state and federal authorities, financial institutions and investors. In fact, it you are seeking a business loan or venture capital, banks and other financiers typically request copies of foundational documents as part of their due diligence.


Read more . . .


Wednesday, November 23, 2016

Employment Discrimination Laws In A Nutshell


How can I protect my business from employment discrimination claims?

Business owners need to be aware of a variety of state and federal laws, not the least of which are employment discrimination laws. In short, these laws prohibit employers from discriminating against employees and prospective job applicants when making any employment decision, including hiring, firing, promoting, demoting or compensating employees. These laws also make it illegal to discriminate regarding any other terms and conditions of employment.
Read more . . .


Sunday, November 13, 2016

South Carolina Bans Online Eye Exams and Opternative Brings Lawsuit


These days you can do almost everything online- grocery shop, find a date and even get an eye exam. If you are outside of South Carolina, that is. This State just passed a hotly contested law banning the practice.

Opternative is a web-based company that offers online eye exams. The eye exams are administered using a computer display and a wireless device, such as a smartphone.


Read more . . .


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