Business Law Newsletter

• Remedy for Fraudulent Transfers of Property
  A constructive trust is a remedy imposed by a court when a person has wrongfully attained property in an inappropriate way. The court will undo the transaction and order that title to the property go to the rightful... Read more.
• Federal Rights & Remedies for Unauthorized Use of Trademarks
  Trademarks are important tools used to protect both consumers and sellers of goods or services. Trademarks identify the origin or source of a good or service, allowing consumers to make informed decisions regarding quality. Trademarks... Read more.
• Employee-Created Intellectual Property
  Generally, “intellectual property” is any intangible property, such as knowledge of a process, a musical composition or a trademark associated with a product. There are typically four specific areas of intellectual property:... Read more.
• Business Disputes and International Commercial Arbitration
  The general strength and momentum of the international marketplace accentuates the need to have clear rules for the resolution of international business disputes. Fortunately, since the challenges that face companies engaged in... Read more.

• MillerCoors and Pabst Brewing’s bitter legal battle is headed to trial in November
• Applebee’s launches legal battle against its own franchise owner for control of Dayton-area restaurants
• Franchise fight forces Boulder’s Wild Bird Company to close after 29 years
• Marlins owner from Venezuela who set up British Virgin Islands company named in county suit
• Stormy Daniels lawyer Michael Avenatti’s law firm slapped with $10 million judgment in dispute

Sole Proprietorship, Partnership, or Corporation?

If you are thinking of starting a business, you have many important decisions to make. One of the most important of these is choosing your business entity.

There are a number of different types of business entities, and each has its own set of advantages and disadvantages.

The most common types of business entities are:

• Sole proprietorships
• Partnerships
• “C” corporations
• “S” corporations
• Limited liability companies (LLCs)

In choosing your type of business entity, you must ask yourself the following questions:

• Do you want to maintain total control over your business, or do you want to have partners?
• If you choose to have partners, will they all be treated the same?
• Do you plan on providing your products or services to the local community, or are your products or services going to be marketed nationally or even internationally?
• Do you want people to invest in your business and own a part of it?

You must also consider the legal implications associated with each business entity type.

• Do you wish to have yourself protected from personal liability, or is your business generally one with little or no liability risk?
• Are you planning on employing a large number of people?

The Internal Revenue Service (IRS) treats various business entities differently according to the applicable tax laws. Also, depending on the type of business entity you choose, you may be filing more than one tax return each year.

When starting a business, it is important that you understand the advantages and disadvantages of each type of business entity. You must carefully decide upon the business entity that best suits your objectives.

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