Tag Archives: Startup Issues

Random Thoughts on Medical Marijuana in Ohio

Some random thoughts as Ohio begins to roll out its medical cannabis program… Number of Retail Locations Ohio has authorized very few retail locations so far. Here are the 4 most populous counties in Ohio (as of 2015), with the number of dispensaries that are authorized for each: Cuyahoga County Read More

Will Trump Kill the LLC?

There is an interesting provision in Donald Trump’s tax reform proposal. Specifically, he proposes to lower the corporate tax rate to 20%, while setting the maximum tax rate for LLC’s and S-corps at 25%. In essence, his proposal would penalize businesses that elect a pass-through entity structure over the traditional Read More

The Myth of the S-Corporation

I often hear potential clients say things like, “I want to form an S-corp,” or “should I form an LLC, S-corp, or C-corp?” This illustrates a very common misunderstanding about the nature of an S-corp. In today’s post, I hope to clear up this misunderstanding, once and for all. The Read More

New Federal Law Prohibits “Anti-Yelp” Contract Terms

Congress recently passed a new law that restricts a company’s ability to include an “anti-Yelp” type of non-disparagement provision in a standardized contract. The new law, called the Consumer Review Fairness Act of 2016,” is designed to protect individuals who post negative online reviews. The CRFA applies to reviews of Read More

Copyright Office To Require Online Registration of DMCA Agents

If you have a website with any user-generated content, you want to take full advantage of the protection provided by the Digital Millenium Copyright Act (DMCA). This has two components. The first is posting (and following) a takedown policy for potentially infringing content in your terms of use. The second, Read More

Why Should I Use You Instead of Legalzoom or Clerky?

“Why should I use you to set up my business, instead of Legalzoom or Clerky? You cost more money.” I get that question occasionally from clients, and I usually answer by explaining that all those sites do is provide documents, which may or may not suit your needs. You may Read More

Startup Financing Is Not A DIY Project

There are projects that are easy enough for a smart startup founder to take on, and then there are projects that are simply too complex, and which require the help of an experienced lawyer. Financings, such as a seed round or convertible note financing, are definitely not DIY projects. Several Read More

Delaware Franchise Taxes – Read This Before You Pay!

If you have a startup incorporated in Delaware, this is franchise tax season. Your franchise taxes for 2015 are due by March 1. Before you do anything, you need to read this post. There are two methods of calculating your franchise tax, and this is really important – Delaware allows Read More

New Exemption for Sales of Restricted Stock

President Obama signed legislation this month that creates a new, explicit exemption for private resales of restricted and control securities. The legislation, contained in Fixing America’s Surface Transportation Act (the FAST Act), will make it easier for the holders of restricted stock to cash out their holdings, provided they sell Read More

If I Lie To My Lawyer, Will It Save Me Money?

Not a chance. Even so, I occasionally find a client or prospect holding back important information, presumably because they think it will complicate the project and cost them more money. But that’s exactly why it should cost more money – because it makes things more complicated. Let’s see it in Read More