Reg. D – Rule 506 – The Other White Meat
By Richard C. Bruder    [Summer 2015]
Why it matters. Let’s begin by pointing out why Reg. A+ and Rule 506 matter to you. If you obtain funding for your business from a bank, the bank will often ask for a personal guarantee (which entrepreneurs avoid like the plague). But, if you obtain funding by selling equity (or by obtaining loans from private investors), there is no “personal guarantee” – so long as you comply with the federal and state securities laws.
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Advisory boards – the power of focus
By Richard C. Bruder    [Spring 2015]
What are the three greatest challenges facing your business today? Who do you talk to for advice about these challenges? Your spouse? Your lawyer? A trusted friend? Your golf buddies?
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Business referral group targets $30 to $50 million in referrals their first year
By Jeremy R. Cnudde    [Fall 2013]
Unpaid internships have probably never been more popular. Since it has been difficult for recent college graduates to obtain full-time positions in their fields or in many cases jobs of any kind, there is a large pool of students and graduates eager to obtain experience but more importantly, find an advantage in obtaining a full-time paid position. From an employer’s standpoint, unpaid interns provide an opportunity to train individuals without paying them while they learn, and allowing the employer to evaluate the performances of new people at a reduced cost and risk compared to providing full-time employment to untested applicants. Utilizing unpaid interns would seem to be a fine example of what an old mentor of mine used to call “doing well by doing good.”
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Can we copyright this?
By Thomas J. O’Connor    [Summer 2013]
That is a common question, but it is often the wrong question. If something is “copyrightable” it is already copyrighted. But doesn’t one have to put a copyright notice on it or file something? There may be reasons to do either or both of those things, but you do not have to do them in order to have a protectable copyright.
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Foreign Corrupt Practices Act
By Stuart Sinai    [Winter 2012]
Of course you are aware that bribing any federal, state or local government official or any employee of a government agency is a crime. Are you equally aware, however, that bribing an official or an employee of a foreign government (or even a government-owned or controlled separate entity) can be a crime in the U.S. regardless of the laws of that country and where the bribe was paid? Furthermore, the Foreign Corrupt Practices Act (FCPA) applies to both publicly-traded and private U.S. companies as well as to U.S. citizens.
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Auto dealership mergers and acquisitions not as active as expected
By Michael J. Weikert    [Fall 2012]
Auto dealership mergers and acquisitions dropped 55 percent for the first half of 2012 according to The Presidio Group, LLC. The reason for the drop appears to be a fundamental difference between buyers and sellers as to price.
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Asset protection – LLCs best practices
By Cynthia L. Umphrey    [Summer 2012]
Do you have a limited liability company? If so, you probably established it to achieve member liability protection under the limited liability company statute. In other words, you want to protect your outside assets from liability associated with the assets the LLC owns.
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Business owners must relinquish some control to reach new level of success
By Cynthia L. Umphrey    [Winter 2011]
Are you a control freak? If you’re an entrepreneur, I bet you are. I know I am, at least a bit. As the head of your business, it’s hard to loosen your grip on every aspect of the company. But sometimes, you have to let others help you succeed.
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Good news for businesses seeking simple creditor protection
By Cynthia L. Umphrey    [Spring 2011]
The decision of whether to form an LLC, corporation or other entity used to be primarily driven by tax and other concerns. However, a primary motivation for those using Michigan entities may now be creditor protection.
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Does your business have a blind spot?
By Thomas J. O’Connor    [Spring 2011]
Most small and mid-sized businesses do not apply the same level of scrutiny and cost-benefit analysis to their employees’ retirement benefits as they do with other facets of their business. This can expose business owners and decision makers (a.k.a. “fiduciaries”) to needless personal/corporate liability exposure on top of excessive fees for the business and its employees.
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Identity theft rule for businesses delayed again
By Ronald S. Nixon    [Summer 2010]
The Red Flags Rule is a fraud prevention measure that requires certain businesses to create and follow written procedures to identify, detect, and respond to warning signs (i.e. “red flags”) of identity theft. The Federal Trade Commission has delayed the rule several times, most recently in a press release on May 28, 2010. The press release also identified some potential changes in the scope of the rule as well as the types of businesses to which it would apply.
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