Asset Purchase vs Stock Purchase: Exploring the Ways to Buy a Business

Business Law, Business: Resources

When you are looking at buying an existing business you need to understand your options. To purchase a business, generally you are given two options, an asset purchase sale or a stock sale. Whether you sign a asset purchase agreement or a stock purchase agreement, each one has it’s own benefits and disadvantages. Therefore, it is important to understand the difference between the two. We will go over asset purchase vs stock purchase sales and the implications of both. 

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S Corporation Pros and Cons: Learning the Basics of an S Corp

Business Law, Business: Resources

“Should we form an S corporation (frequently referred to as an “S Corp”) or a limited liability company (“LLC”)?” I am asked at least once a week – and to be perfectly honest… it is a fantastic question that I wish I were asked more often. When entrepreneurs look to form a small business, the decisions of these future business owners can have long lasting effects. One of these decisions is the decision of how to best structure a new business.

An S corporation is a corporation that has received a special designation from the IRS. When making the consideration to start a new business, the S Corp is one of the most common types of business entities. While an S Corporation is a fantastic choice for many new businesses, understanding the pros and cons of forming an S Corp will help you determine if it is the right entity for you.

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Making an Informative Decision: Pros and Cons of Having an Arbitration Clause in a Contract

Business Law

Arbitration is a popular mechanism often used in place of litigation. When a dispute occurs between respective parties that decide to handle their disputes in an arbitration proceeding, instead of bringing the dispute to a courtroom, it is brought before an arbitrator whom will solely hand down a resolution to that particular dispute. There are many pros and cons of having an arbitration clause in a contract and both should be looked at carefully to ensure you are behaving in your best interests. Deciding whether arbitration is right for you can be a difficult and complicated decision. While arbitration may be appropriate in some cases, it may not be the best decision in others. The decision to arbitrate should not be a “one size fits all” type of decision. To find out if arbitration is for you, it is often recommended that you speak to an attorney familiar with the arbitration process in order to advise you accordingly.

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Franchising 101: An Introduction to Franchising a Business

Business Law

Franchising a business is the process where business owners license the rights to operate their business to third-party operators. Depending on whether you find yourself as either a buyer or seller in a franchise, there are many differences as to how you would normally approach a franchising situation. Whether you are a franchisee or a franchisor, contacting a business lawyer with expertise in franchising is essential. There are many considerations and bodies of law that are apparent in the franchising world and taking the right steps to handle franchising could be the difference between success and failure. 

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The Business of the Film Industry: Forming an LLC for Your Film Company

Entertainment Law

Like the rest of the entertainment world, the film industry has significantly changed over the past years. Among one of these many changes, having formal business structure has become one of the norms that, many years ago, was unheard of.  While an LLC is an excellent option for many film companies, for some film companies, a corporation would possibly make better sense to fit your company needs. Having an attorney help you flush out the different types of business entities and help you make a determination as to which one might be in your company’s best interest can be quite invaluable.

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New Domains Equal Continued Problems With Cybersquatting

Intellectual Property, Trademarks

Cybersquatting occurs when an entity (a person, a company, etc.) intentionally buys up the domain name of a specific business and then holds on to it, with the intent of selling that domain to the business for large profit later. If you own a trademark and find that the domain name cooreponding with your trademark has been taken, it is possible that you may be the victim of cybersquatting. 

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An Intro to Trademark Licensing – How Can a Trademark License Agreement Help Your Business Generate Income?

Business Law, Intellectual Property, Trademarks

Trademark licensing is the process where a trademark owner agrees to give another person or company permission to use its trademark, in a commercial setting, in exchange for a fee. There are many reasons why licensing a trademark can be very advantageous. Trademark licenses are complex with several points to be negotiated. An attorney who is well acquainted with trademark licensing is invaluable in providing information regarding licensing requirements and advice in creating and negotiating a trademark license.

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Registering a Trademark – The Six Step Process of Applying for a Trademark in the US

Intellectual Property, Trademarks

Applying for a trademark can be done without a trademark lawyer. However, it is highly recommended that you strongly consider hiring one to assist you with your application. A trademark can be one of the most valuable assets in your company’s intellectual property portfolio and having your application done correctly can help you in ensuring your protections are in order. All and all, the trademark registration process is a six-step process that can last anywhere from six months to 24 months to complete. In this blog post by Cordero Law, we go over the six steps to help you understand what you will be facing in the trademark process.

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Cease and Desist Letters: What Are They, and What Should You Do?

Business Law, Copyright, Intellectual Property, Trademarks

Receiving a sternly worded letter from a law firm on behalf of another person or company ordering you to stop doing something can be stressful, especially if you are not familiar with “cease and desist” letters. Although they can be unsettling, cease and desist letters are fairly common.

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