This article provides an overview of the main goals of President Obama’s plan for health care reform as well as the two proposed Senate bills, Senate Bill 1679 and 1796, and the House of Representatives bill that passed, House Bill 3962, as it relates to small business. Small businesses are facing the steep rising costs of health insurance premiums to add to their current burdens of dealing with the recession’s credit freeze and lower revenue generation with other high operating costs. This article provides analysis on the pros and cons of health care reform in relation to small businesses based on three aspects of the health care reform proposals. The first is the public option government run health care plan, second is the Exchange a government-regulated marketplace of insurance plans, and finally, tax credits for small businesses to offset the cost of buying health insurance for their employees. Finally, the article provides a brief review of the response from the insurance industry based on their reports highlighting the potential new costs of health care for small businesses if reform passes. [More]

I. Introduction In today's economical climate, the excitement of finding a new job can be overwhelming. Additionally, In the rush of starting work, it is easy to skim the fine print of a contract without fully understanding its terms. Non-compete agreements in employment contracts can cause much unnecessary and hardship on an individual once that individual chooses to switch jobs. Additionally, while it may seem unintuitive that an individual cannot use skills learned at one job to advance his career at another job, many companies rely on non-compete clauses to limit just that. This article will discuss the non-compete agreements generally, the history of non-compete agreements, and the legal standards state courts use in examining non-compete agreements. It will then discuss how to enforce and contest non-compete agreementsare. Finally, it will conclude by giving advice for the employer or employee who is unsure about how to approach a non-compete agreement. [More]

I. Introduction Anyone who has considered starting a new business can attest to the excitement that comes along with being one's own boss, setting one's own hours, and turning a personal dream into reality. However, once the initial thrill wears off, the daunting task of ensuring enough preliminary funding and finding continued financing for the business can quickly turn this dream into a nightmare. This article will discuss the ways in which a small business can obtain initial funding and continued financing. First, it will stress the importance of creating a substantial business plan to which potential investors and sources of funding can look to learn about the business. Second, it will discuss debt options for funding and financing a business. Third, it will discuss equity options for funding and financing a business. Finally, it will conclude summarizing the options for funding for a start-up business and continued financing of a new business. [More]

I. Introduction

There are very few requirements for a business to be incorporated in a given state. The business must usually have a registered agent in that state, but rarely are there requirements to construct an office or actually engage in commercial transactions. [1] From the outset, it seems as though finding the best location to incorporate a business would be quite simple. This prediction, however, could not be farther from the truth. Finding the right place to "set up camp" is a long and crucial process; but if done properly, the initial research can lead to the creation of a business that uses state law to its advantage rather than demise. [More]

I. Introduction

Small business owners often take out an advertisement in a local paper or, more in line with the times, advertise on a website. The advertisement, however, can sometimes create liability for the business owner if the ad is found to be deceptive. [1] This article will discuss the different sources of the law regarding deceptive advertising and then generally describe what makes an advertisement deceptive. It will then explore the trends and adaptation of the law regarding web logs and advertising. In conclusion, this article will present considerations that a small business owner should take into account when deciding to post an advertisement. [More]

I. Introduction Starting a franchise can be a lucrative business. However, franchising is also an expensive start-up venture and can have significant legal consequences if not done properly. This article will first define a franchise and discuss the different types. It will then discuss financing a franchise and the legal issues of starting a franchise. Finally, the article will conclude by discussing the best way to go about starting a franchise. [More]

I. Introduction

At first glance, it looks as though lawyers and entrepreneurs don't have much in common. The legal profession "offers a low-risk (if high-stress) means to a long, relatively well-paid, and tightly-controlled career at a privately-held law firm or government position." [1] The path of an entrepreneur, on the other hand, offers a high-risk means to a career with no guarantees or definite returns on investment. [2] Yet, more than ten percent of the CEOs in the Forbes 500, a list of the 500 largest public companies in the United States, are former lawyers. [3] How did this happen? According to Gregg Engles, former lawyer and current CEO of Dean Foods, Inc., the discrepancy is simple. [4] "Many lawyers let knowledge of risk paralyze them. They focus exclusively on risk, while entrepreneurs focus primarily on opportunity. The person who can simultaneously perceive the opportunity and the risk has a competitive advantage." [5] [More]

I. Introduction

Franchises are a strong component of the U.S. economy. In 2004, there were over 767,000 franchises in the United States which contributed 9.8 million direct jobs to the economy. [1] According to a 2002 study, half of the franchise agreements analyzed contained arbitration clauses. [2] With the passage of the Federal Arbitration Act and subsequent court rulings, a policy favoring arbitration has been established. [3] In fact, most courts will enforce arbitration clauses in a majority of the cases. [4] In contrast to this trend, both congressional legislation and court decisions have been seen to back away from an unwavering support of pre-dispute arbitration. Should the courts and congress become more involved in the use of arbitration in the context of a franchise relationship? [More]

I. Introduction For an entrepreneur, starting a new business can be a fulfilling venture. However, if the company and its assets are not properly protected, the risks that come along with such an endeavor can prove to be costly. This article will first discuss the agency issues that arise in a litigious society. It will then explain the process for retaining liability insurance. Finally, it will conclude by suggesting some simple ways a new business owner can ensure he or she will receive maximum liability protection. [More]

I. Introduction

Many Americans take the plunge and start a small business. The predominant form of small business in the united States is home-based business. [1] Nearly 8,500 new home-based ventures are started each day with one in ten U.S. households conducting some type of home-based business. [2] Although many local zoning regimes started with the same intentions they have led to varying restrictions which may not appropriately balance the concerns of neighbors against the benefits and characteristics of all current home-business. [More]