Professional Documents
Culture Documents
The Legal Issues Your Small Business and Non-prot Should Be Aware Of Presented by: Erin McClarty Esq.
Franchise
Distributorship- License to sell products Business format- Allow for business under a trademark Manufacturing- given the formula to make a product
Joint Venture
Subsidiaries
3 or more people come together for a common non-prot purpose Less formality and fewer reporting requirements than a corporation
Wednesday, September 14, 2011
Telephone Consumer Protection Act Texas Law Enforcement Telephone Solicitation Act Must le a registration statement and pay fee.
ADVERTISING: WEBSITES
Privacy Concerns
ADVERTISING: EMAIL
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM) Governs commercial mail
Criminal and civl offenses for fraud or misrepresentation Example: Texas Deceptive Trade Practice Act
OPERATIONS
Insurance Workers Compensation General Liability Licenses and Permits Does your business require
a certain license?
OPERATIONS CONTINUED....
Supply Chain Concerns Getting agreements in place with manufacturers. Want to est. pricing, delivery, warranties, indemnities, termination and governing law. Address products liability. Can affect everyone in the sales chain. Federal Corrupt Practices Act (FCPA) Concerns Huge concern when you have intermediaries or representatives abroad. Respondeat Superior Concerns Protect Intellectual Property
Wednesday, September 14, 2011
COMMERCIAL PROPERTY
Must protect against lawsuits for injury.
Landowners often try to disclaim responsibility for these.
LABOR
Managing Employees Create an employment agreement Include a condentiality agreement Beware with Social Media Policies
LABOR LAWS
Fair Labor Standards Act (FLSA) Department of Labor has a handbook for guidance: www.dol.gov/asp/programs/handbook/main.htm Family Medical Leave Act (FMLA) Texas Labor Code
NON-PROFIT ISSUES
Charitable Solicitation Laws
May require registration in each state you plan to solicit in Fill out Uniform Statement Kit at www.multistateling.org
Pre-emptive action, mitigation and judgement calls Advocate and representative in case of business transactions
mediation, mergers, negotiations
Wednesday, September 14, 2011
Be Creative Some attorneys allow you to buy credits Do package deals Hire counsel on a contract basis
ATTORNEY RESOURCES
Houston Volunteer Lawyers Program S.C.O.R.E Houston Lawyers Referral Service Texas Accountants and Lawyers for the Arts Texas C-bar
CONTACT