Published on October 22, 2014
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 SLamar@huntermaclean.com David M. Burkoff DBurkoff@huntermaclean.com
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