Skip to navigation.
  1. Misclassifying Employees as Independent Contractors

    Businesses are not infrequently subjected to competing and often unclear legal rules.  Take, for example, the independent contractor versus employee classification morass.  Sophisticated Fortune 500 companies find themselves just as frustrated as small businesses in trying to comply with the …

    Read More

  2. SBA Issues New Rule on Limitations on Subcontracting

    On May 31, 2016 the U.S. Small Business Administration (SBA) issued regulations implementing certain provisions of the National Defense Authorization Act for FY 2013.  One of the key provisions in the new rule addresses “Limitations on Subcontracting.”  Contracting Officers must …

    Read More

  3. Is Your Company’s Confidentiality Agreement Unenforceable?

    Your company’s confidentiality agreement with its employees is not worth the paper it is printed on if it cannot be enforced. An unenforceable confidentiality agreement might even be worse than having nothing at all, since it might lull management into

    Read More

  4. Letter of Intent – Necessary or Not?

    Letter of Intent, Term Sheet, Indication of Interest, and LOI are all terms for basically the same thing: a document that describes the terms of a future transaction.  Each has a different style and is more or less specific about …

    Read More

  5. Fiduciary Duties – Part 3: Duties to the Insolvent Corporation

    A fiduciary duty is the duty to act in another party’s interests.  Directors and Officers of a Corporation owe fiduciary duties to the Corporation itself and to the Corporation’s Stockholders.  Previous blog posts have discussed the two core fiduciary duties …

    Read More

  6. Business Breakups: Breaking Up Isn’t Always Hard to Do

    All too frequently people go into business with a partner (or manager or member) without thinking through the end of that relationship.  Things go well for a few years, then something happens that changes the dynamic.  Perhaps the business starts …

    Read More

  7. Guarantees: Understanding Your Obligations

    A guarantee, at its most basic form, is a promise made by one party to fulfill an obligation of another party.  Guarantees are frequently seen in financing transactions: the Guarantor agrees to pay a debt the Borrower owes to the …

    Read More