Legal checklist for success as you grow your business 10 16-14

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Information about Legal checklist for success as you grow your business 10 16-14

Published on October 22, 2014

Author: HunterMaclean



The presentation is designed for new business owners and managers, as well as for leaders of more established businesses ready to move their organizations forward.

1. SAVANNAH tel 912.236.0261 BRUNSWICK tel 912.262.5996 H U N T E R M A C L E A N. C O M Legal Checklist for Success as You Grow Your Business October 16, 2014

2. Overview • Types of Business Entities • Employee Relationships • Third Party Relationships • When Disputes Arise • Your Checklist

3. Types of Business Entities

4. Types of Entities • Sole Proprietorship • Corporation • “C” Corporation • “S” Corporation • Partnership • General • Limited • Limited Liability Company (LLC)

5. Liability • Unlimited • Sole Proprietorships • General Partnerships • Limited • Corporations • LLCs • Limited partners • Exceptions • Alter Ego • Undercapitalization • Failure to follow corporate formalities

6. Fiduciary Duties • Officers • Directors • General Partners • Managers (LLCs)

7. Employee Relationships

8. Employer Liability – Growing All the Time TITLE VII, ADA, GINA, ADEA, FMLA, FLSA, NLRA, OSHA, USERRA, VEVRAA…..

9. Documents Matter • Application • Consent Forms • Job Descriptions • Policy Manuals/Handbooks

10. Documents Matter • Employment Agreements • Restrictive Covenants • Confidential Information • Non-Solicitation • Non-Recruitment • Non-Competition

11. When Employment Claims Arise The Land of Acronyms…. • GA DOL • US DOL • EEOC • NLRB • OFCCP • ICE • OSHA

12. Third Party Relationships

13. “We’ve decided that it will be better for his later development if we speak to him only in legalese.”

14. Agreements • Forum selection/arbitration • Dispute escalation • Choice of law • Indemnification • Damages, remedies limitations • Attorneys’ fees, injunctive relief provisions

15. Antitrust Considerations

16. Other Limits on Competition • Tortious Interference • Defamation

17. When Disputes Arise

18. When disputes arise • Documentation • Bear in mind dispute provisions • Consider statutes of limitation

19. Dispute Process • Litigation • Arbitration • Mediation • Employee Disputes

20. The “What Not To Do” Checklist

21. SAVANNAH tel 912.236.0261 BRUNSWICK tel 912.262.5996 H U N T E R M A C L E A N. C O M Sarah Lamar David M. Burkoff

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