A skilled business attorney can assist you in creating any agreements you need along the way, helping you avoid disputes, breaches or costly litigation. Trademark protection is a large part of operating a successful restaurant. Trademarks can apply not only to the name of your restaurant, but also to specialty dishes (“Big Mac,” for example).
Restaurants require business licenses, food safety licenses and, if you plan on serving alcoholic beverages, liquor licenses. Further licensing requirements may also apply in specific jurisdictions. An attorney can identify and apply for all necessary licenses, so you can legally serve the hungry hordes.
Full
AnswerWhy do you need a small business lawyer?
A business lawyer can quickly help you realize when you need additional help – especially with complicated tax matters, or any other specialized assistance. A well-connected business lawyer will be able to quickly refer you to other professionals that can provide the assistance and the guidance that your business needs.
Do you need an attorney for a business startup?
If you want your small business to succeed, you need a business lawyer to ensure that your protocols aren’t at risk of falling outside the lines of the law. Chances are, you’re going to get sued. And if you’re not sued, you will deal with legal issues. In fact, 90% of all businesses are engaged in some form of litigation at any given time.
When do you need a lawyer?
Aug 24, 2018 · A business lawyer can help keep your business legally compliant and help you avoid issues that could result in a lawsuit. Hire an Attorney Before the Lawsuit. For a lawyer to help you effectively, they need time to learn about your business. This will help them analyze what you’re doing and detect any compliance issues that could result in problems later on.
Do I need an attorney to start a home-based business?
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. Don’t wait till it’s too late
Why are lawyers important to a business?
Lawyers can protect you from the potentially adverse legal consequences of bad contracts. Their job includes ensuring that your business interests and legal rights are protected. Hiring a lawyer also allows you to secure the most ideal terms for your company.
Are corporate lawyers necessary?
Projects the number of companies that emerge in the market every year, a need for a good corporate lawyer. Corporate lawyers are treated almost like a partner in the company because of all the help needed legally and are also paid well. Any big decision a company has to make; they need their lawyer in entire lifecycle.Jun 16, 2020
What qualifies a business as a restaurant?
Restaurant means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for ...
Why do I want to be a business lawyer?
Benefits of Becoming a Business Lawyer In short, business law is incredibly financially and intellectually rewarding. You will likely earn a high salary, and you will work with your clients to help them achieve their business goals (some of which can be as newsworthy as Facebook's).
What do business lawyers do?
The Business Lawyer's responsibilities include researching cases, drafting contracts, developing diverse corporate procedures, managing budgets, ensuring regulatory compliance, drafting codes of conduct, litigating course cases, and facilitating corporate mergers.
What is the difference between corporate law and business law?
Business Law deals with the elemental legalities which are required for an organisation's foundation whereas Corporate Law lays emphasis on the operations, actions, and validity of an organisation. In simple phrases, Corporate Lawyers write the contracts and business lawyers evaluation these contracts.Oct 24, 2020
What are the benefits of owning a restaurant?
The Pros of Owning a RestaurantPro #1: Buying a Restaurant Can Be Affordable. ... Pro #2: It Gives You Ownership Over Your Life. ... Pro #3: Tech Makes Your Job a Lot Easier. ... Pro #4: If You Do it Right, It's a Blast.
What is restaurant service?
Customer service in a restaurant is simply the advice and assistance you provide to your customers. It is a combination of communicating with your customers and also giving them your undivided attention. When you have guests at your restaurant, you want them to feel like they're at home and are welcome.
Is Business Law easy?
As long as you have a good teacher and you are willing to give it time and effort then you will also find this simple to go through. Sometimes the amount of Latin words and expressions you have to learn may put you off but really it is not hard.
What are the benefits of being a lawyer?
Benefits for LawyersMedical and dental plans.Short- and long-term disability plans.Health care reimbursement account through pre-tax deductions.401(k) retirement savings plan.Domestic partner benefits.Life insurance.Firm-paid business travel accident insurance.Firm-paid accidental death and dismemberment insurance.More items...
What type of lawyer makes the most money?
Types Of Lawyers That Make The Most MoneyMedical Lawyers – Average $138,431. Medical lawyers make one of the highest median wages in the legal field. ... Intellectual Property Attorneys – Average $128,913. ... Trial Attorneys – Average $97,158. ... Tax Attorneys – Average $101,204. ... Corporate Lawyers – $116,361.Dec 18, 2020
What is Flaster Greenberg?
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.
What is Flaster Greenberg's experience?
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.
Why is it important to have a lawyer on your team?
Having a lawyer on your team can tilt the field to your advantage in the event of a lawsuit. If you are threatened with legal action, having a lawyer already on your team means that he already knows your business, which allows him to hit the ground running. Even more importantly, a savvy business lawyer will have constructed your business ...
What is a business lawyer?
A business lawyer can quickly help you realize when you need additional help – especially with complicated tax matters, or any other specialized assistance. A well-connected business lawyer will be able to quickly refer you to other professionals that can provide the assistance and the guidance that your business needs.
What to do if a client owes you money?
If a client, vendor, partner, or other associate owes you money and is dragging his feet on the matter, by simply asking your lawyer to send a request on your behalf, you can motiva te immediate action. In the event that this alone is not enough to convince the individual to pay, your lawyer will know what your next steps should be in order to collect the money you are owed.
When You Need a Business Lawyer
There are some business issues that you and your C-suite team are capable of handling on your own. These include:
More Small Business Tips for Success
Running a small business is both an art and a science, and it goes beyond opening your doors and bringing in a lawyer.
Why do businesses need an attorney?
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.
What is a business attorney?
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.
How can an attorney help a business?
An attorney can pinpoint typical problem clauses in contracts related to assignment, termination, and dispute resolution.
Can an attorney change a contract?
Similarly, your attorney can change the contract to require that the parties mediate disputes before running to the courthouse, which may save your business money if a dispute arises. These are simply things that your attorney can do before a contract is signed that may save you money down the road.
Why do I need an attorney?
The most common reasons for needing an attorney are: 1 Navigating the many forms and requirements of legal documents, like incorporation documents, that are involved. 2 Assurance the startup is being done right. 3 Enabling you to focus on other aspects of the business so you don't have to spend time learning the legal processes. 4 Support with specific tasks like trademarking your name, reviewing lease documents, discussing potential legal structures, and preparing incorporation forms. 5 Online legal form providers don't always do it right. Businesses aren't one-size-fits-all, so blanket legal documents don't always work.
Do I need an attorney to start a business?
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 ...
Can I register my business online?
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.
Formation
- Before you even open a restaurant, you must decide what form of business organization you will use--for example, a corporation, a partnership or an LLC. An attorney can help you decide which form is most advantageous for your business, complete any necessary state and local registrations and draft an Operating Agreement or Bylaws. If your restaurant is a franchise, you’…
Fundraising
- Fundraisingcan be particularly challenging for a new restaurant. Investors anticipate that restaurants have a high rate of default and also face high upfront costs for inventory and equipment, both of which rapidly lose value. A lawyer can assist you in structuring your initial investment agreements to both appear more attractive to investors and protect your personal as…
Real Estate
- You will need to check local zoning ordinances before you choose a restaurant location. Once you’ve found your dream space, you will need to consider purchasing the property or negotiating a commercial restaurant lease agreement. Restaurant leasesoften contain specific provisions regarding venting and kitchen needs, which an attorney can help you tailor to your specific needs.
Licenses
- Restaurants require business licenses, food safety licenses and, if you plan on serving alcoholic beverages, liquor licenses. Further licensing requirements may also apply in specific jurisdictions. An attorney can identify and apply for all necessary licenses, so you can legally serve the hungry hordes. Liquor licenses are difficult to obtain in every state and can be expensive. Moreover, it i…
Labor & Employment Laws
- Employmentis strictly regulated. You will need to comply with federal and local laws and regulations governing minimum wage, tipping, overtime, tax withholding and numerous other matters. Even the questions you may ask in a job interview are restricted by law. Taxes and insurance will also be a continuing major legal concern for your business.
Agreements
- Three types of agreements are particularly common in the restaurant business--franchise agreements, commercial restaurant lease agreements and employment contracts(particularly for management employees). All of these must be carefully negotiated and drafted to suit your business’s needs and protect your restaurant. A skilled business attorney can assist you in creat…
Intellectual Property
- Trademarkprotection is a large part of operating a successful restaurant. Trademarks can apply not only to the name of your restaurant, but also to specialty dishes (“Big Mac,” for example). A top restaurant lawyer can help you protect your trademarks nationwide and even abroad, if necessary. In addition to trademarks, your business may possess trade secrets, such as recipes …
Food and Liquor
- As a restaurant owner, you will be subject to both federal and state regulations. You should expect regular surprise food safety inspections and your restaurant might be closed following a negative inspection. Areas that are extensively regulated by state and federal authorities include: 1. Employee hygiene; 2. Employee safety; 3. Food preparation methods; 4. Food labeling; 5. Food s…
Business and Corporate
- Our corporate and tax attorneys have significant experience providing legal services for a wide range of hospitality concerns, including mom-and-pop establishments, chains, franchisors and franchisees, vendors, hotels, breweries and casinos. We have assisted these entities through formation, financing, development and expansion. As your advocates, we ensure that your objec…
Construction
- 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 co…
Employee Benefits
- The benefits attorneys in our Restaurant/Hospitality Group can provide a full range of services relating to fringe-benefits and retirement planning, from fully insured health plans to flexible spending accounts and from the simplest bonus plans to the most complex 401(k) or phantom-stock plan. In particular, we are experienced in dealing with the many special circumstances tha…
Financial Restructuring and Bankruptcy
- Whether it is your business that needs protection through reorganization or liquidation, or if one of your suppliers or creditors files for bankruptcy protection, Flaster Greenberg’s financial restructuring and bankruptcy attorneys can guide you through the troubled waters of the bankruptcy process. Our attorneys are skilled at representing both debtors and creditors in the r…
Government Relations and Regulatory Law
- Our attorneys assist clients through the administrative, regulatory and legislative processes of the local and state governments in the tri-state region. Our experience includes handling matters of concern to the restaurant and hospitality industry, including matters involving corporate, real estate, environmental, litigation, taxation and land use. We have significant past experience and …
Labor and Employment
- The employment and labor attorneys in our Restaurant/Hospitality Group have the experience and knowledge to help guide you through the maze of laws and regulations that impact your business. We provide clients with practical advice on issues such as tip credits, employee absences and late call, employment of minors, and OSHA issues. We offer guidance on compliance with anti-discri…
Litigation
- Because disputes are costly and disruptive to normal business operations, our primary goal is to avoid them by putting proactive, preventative measures in place. However, when disputes arise that can be resolved only through the intervention of the courts or other third-party dispute resolution processes, our seasoned trial attorneys are formidable advocates in your corner. Whe…
Intellectual Property
- 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 …
Real Estate
- Location is one of the most significant factors in the success of any restaurant or hospitality business. Selecting locations for a proper site or expansion with visibility and easy access means working with clients on developing a set of site selection criteria. Other considerations in addition to costs may include destination concepts driven by demographics and access or locations whe…
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