A lawyer will protect your company's best interests and defend it against the many challenges and difficulties that can arise during the course of simply doing business.
Liability — A sole proprietorship officially has no liability protection since the proprietor, (restaurant owner) and the business are considered the same legal entity.Jan 8, 2018
Restaurants, bars, and other similar businesses generally fall under the “food and drink” category within the hospitality industry, which falls under the broader service industry. While forming or operating your business, you'll also come across several business category codes.
law firmA law firm is a business entity formed by one or more lawyers to engage in the practice of law.
Can a restaurant be an LLC? Yes, a business owner of a restaurant may elect to form an LLC. In fact, both an LLC and a sole proprietorship can be a rewarding business structure for a restaurant owner to choose. Although there are many similarities between the two entity types, there are also many differences.
All business owners are self-employed, but not all self-employed are small business owners. While being self-employed is defined as being your own boss, being a small business owner is simply characterized by having others work for you. As a small business owner, you can hire independent contractors or employees.Nov 29, 2021
The partnership is the ideal legal structure if two or more individuals decide to set up a restaurant together. Teamwork is a big advantage to establishing a partnership. Partners within the structure are allowed to share profits and losses.Aug 9, 2012
Many restaurants start out as sole proprietorships, which means the owners operate as individuals with no separation between personal and business finances.Jun 12, 2020
Partnerships involve two or more individuals who own the business together. Each partner contributes to the business through money or expertise or connections and shares profits and losses.Jul 2, 2018
Lawyers tend to be poor managers While business schools teach the importance of collaboration and managing others, this sort of training is not done in law schools. As a consequence, most law firms are led by attorneys who do not have any significant training managing others.
There has been a lot of confusion when it comes to differentiating between business law and corporate law. While corporate law focuses on legal aspects governing sale and distribution of goods, business law covers legal aspects used in acquisitions, mergers, formation of companies and rights of shareholders.Oct 25, 2016
Medical lawyers are among the highest-paid types of lawyers and earn one of the highest median salaries in the legal field.
The simpler your business, the less you'll need an attorney. A sole proprietorship is the simplest business form. It doesn' t require that you register your business with your state, so no, you probably don't need an attorney ...
You might be able to register online with your state or use an online service to register your business, but it might be a good idea to use an attorney if your business is at all complicated. Corporations or S corporations must register with the state as well.
BizFilings and LegalZoom offer most documents, which might serve you well if your business is not particularly unique. The Balance does not provide tax, investment, or financial services and advice.
Our Restaurant/Hospitality team includes attorneys who provide consultation in the selection, clearance and registration of trademarks, trade names, trade dress and service marks, preparing applications with state agencies and the United States Patent and Trademark Office. They represent clients in litigation involving infringements of trademark, trade name, trade dress and service marks in cases before state and federal courts, as well as representation in governmental proceedings such as opposition, cancellation and domain name disputes and in appeals to the Trademark Trial and Appeal Board, the Court of Appeals for the Federal Circuit and other appellate courts.
Flaster Greenberg’s attorneys have successfully represented clients in hotel, restaurant and stadium construction projects, as well as in expansion projects, real estate disputes, disputes surrounding construction of franchised establishments, disputes with unions, disputes with franchisors, disputes between owners, tenants, contractors and suppliers and generally in the context of contract negotiation, mediation, arbitration and litigation.
Attorneys at Flaster Greenberg bring skills, knowledge and collective experience to the table when providing legal services for clients in the restaurant/hospitality industry. We practice in areas of the law that apply to the unique needs of individual restaurateurs and franchisers, early-stage restaurant companies, restaurant chains, packaged food companies, licensors, hoteliers, food manufacturers and wholesalers. Whatever your business issues, our attorneys are equipped to help with advice and counsel to address your specific needs, including concerns relating to business and corporate, real estate and land use, labor and employment, litigation including contract disputes, environmental matters, construction, bankruptcy and intellectual property. In addition, we possess deep experience in handling government regulatory matters involving zoning, licensing and environmental disputes.
An attorney can pinpoint typical problem clauses in contracts related to assignment, termination, and dispute resolution. More specifically, if your contract does not have an anti-assignment provision, the other party may be able to assign the contract to a third-party with whom you do not want to do business.
An attorney is a necessary element to protect your business’s short and long-term interests, — and can save you time and money. Think of a business attorney as a cost of doing business, rather than as an expense related to repairing problems. About the Author.
An attorney can pinpoint typical problem clauses in contracts related to assignment, termination, and dispute resolution.
A business attorney is a resource that business owners should have in their portfolio of business advisors for consultation on a variety of issues. If you’re a small business owner, you may need a business attorney at certain times more than others; however, you should always have an attorney at your fingertips.
While there are costs associated with involving an attorney before a lawsuit occurs, those costs can be minor compared to the cost of litigation. Involving your attorney at an early stage can help you avoid situations that increase your business’s liability exposure, and save you money in the long term.
Like any good relationship, the relationship should be reciprocal. Good attorneys will candidly tell you when you can handle an issue without their involvement. An attorney should value the long-term nature of the relationship and not harm that relationship by billing you for work you can perform on your own.
Maybe the contract does not allow the business to terminate the contract without giving the other party the chance to cure the breach of the contract.
Buying a failing business without it also dragging you down with is much more difficult than buying a successful business. Obligations to employees, suppliers, customers, tax authorities, various branches of the local, county, state and federal government, neighbors and possibly anyone else you can think of take time and effort to figure out and deal with...
Purchasing a business of any size is a potentially complicated and time -intensive undertaking; purchasing a business experiencing financial hardships can make the transaction SIGNIFICANTLY more complicated and precari ous, with numerous potential (and costly) pitfalls if you're not ensuring a smooth ownership transition while maintaining cash flow.
When businesses grow, they may merge or acquire other companies in a similar field. This can lead to issues if they do not have a business attorney. Mergers and acquisitions often come with a set of terms and requirements. In such cases, attorneys will to ensure that the negotiations that take place are fair, legal, and formally agreed upon.
This includes properly paying overtime wages, employee compensation packages, and other labor laws laid out by state and federal governments. It’s important that businesses follow these laws as they may otherwise be sued, fined, or forced to close their doors permanently. Business attorneys are well-versed in these laws and are able to advise business owners of corrections they need to make to abide by the law.
If you’ve never had someone steal an idea from you, it may be hard to understand why many businesses are concerned with intellectual property (IP). IP can be many different things including inventions, literary or artistic works, designs, symbols, names, or images.
Finally, a business attorney will be able to help owners plan for succession. This is important as ownership of a business may change hands from time to time, and with those changes, negotiations and contracts often take place. Attorneys will be able to advise as to the legality and ethics of these contracts and provide insight from a legal standpoint on these issues.
Starting your own business can be the experience of a lifetime, but without an on-retainer attorney, your business venture could quickly turn into a headache rather than a success. The good news is, though, that business attorneys are always available to provide employers with the legal coverages they need in order to thrive as they grow and hire more employees.
In most cases, employees will sue employers for issues regarding an injury or wrongful termination. Without a business attorney, employers may find it hard to represent themselves.
As a business owner, you are legally responsible for the proceedings of your company, including all legal aspects. And while many business owners may have a general understanding of business law, there are many unexpected legal aspects to running a business. While it’s easy to think that a business attorney’s expenses are a bit extreme, this type of service is essential to ensuring that your business is run safely and legally.
An environmental issue arises and your business is involved (even if your business didn't cause the environmental problem, you may be penalized) Negotiating for the sale or your company or for the acquisition of another company or its assets.
But when you do, it's good to know where to find the right one. And -- more to the point -- you may not know you need legal help until it's too late, as attorneys can help you stay in compliance with the law and spot developing legal issues early.
Business Form. The choice of business form (i.e. sole proprietorship, partnership, LLC, or corporation) often dictates the legal responsibilities and potential liability of those involved in leading the business, as well as the manner in which it may operate .
3. Autonomy. With many business entities, the things you don't decide are decided for you.
Different business forms provide different tax advantages and disadvantages. The only thing more crucial to a new business is liability. 1. Liability. Different business forms provide different protections and risks to the business owner/investor. Personal liability means that your business puts everything you own at risk.
Most states have adopted "Uniform Laws" that fill in the gaps for business entities where their charters, by-laws, and other organizing documents are silent. You may be subject to a whole set of laws and regulations that you don't even know exist. 2. Tax.
10. Contracts. Most businesses execute contracts for space, services, and supplies. Businesses often have agreements between partners, investors, and employees. It is important to get it right so you don't end up in court. 9. Registering, Licensing, and Permits.
The preconditions to forming and conducting a business entity in one state may not be accepted in another state. If you are not careful, the protections you have in your home state of operations may be lost if you do business in another state. See the State Business Laws section for more details. 6. Strict Conformity.
In most cases, you're going to need the services of a lawyer for your startup, perhaps for tax services or employment law compliance. Whatever the reason, make sure you contact the right attorney for your needs.