Strategies and Techniques for Defending Your Professional License

Professional licenses are required in an ever-growing number of careers, and any complaint or accusation could put a license in jeopardy. Unfortunately, even unfounded or blatantly false claims can lead to license suspension or revocation. That’s why it’s important to know your rights and next steps when you’re the target of a license investigation. Professionals in Southern California are under the jurisdiction of a variety of licensing boards, and working with a license defense attorney can put you on the path to preserving your career. Call the Law Offices of Robin D. Perry & Associates at 562-216-2944 to set up a consultation with our committed, experienced lawyers.

Professionals in California are overseen by the California Department of Consumer Affairs. The DCA includes dozens of licensing boards and bureaus, including the Board of Barbering and Cosmetology, the Dental Board of California, the California Board of Occupational Therapy, and Bureau of Real Estate Appraisers. Each board or bureau has its own processes for investigating accusations and disciplining those who do not follow the agency’s regulations.

Early Intervention in Licensing Issues

Do not underestimate the importance of early intervention. Some people, when facing accusations or investigations, wait to see if they turn into anything serious before taking action. This is a common mistake. The longer you wait, the more time the licensing board has to build its investigation against you. Bringing your concerns to a licensed defense lawyer early is crucial.

Communicate With and Through Your Licensed Defense Attorney

Upon retaining an attorney, stay open and transparent with them. If you don’t trust them enough to be honest about the details of the claims against you, they cannot properly help you. Giving them all the information relevant to your claim gives them what they need to build a strong case on your behalf.

Understanding Potential Consequences

Looking over the regulations governing your industry in California allows you to understand the consequences you may face when the investigation concludes. It’s important to be fully informed in this area, otherwise, you’ll be unable to consider the settlement options given to you. Depending on the nature of the claims against you, you could face license suspension, revocation, financial penalties, probation, supervised work requirements, mandatory training, or a combination of these.

Look Into the Evidence Against You

Your attorney will help you get a better picture of the claims against you and the evidence that the licensing board has gathered. Potential evidence may include written claims from coworkers, family members, or clients; financial records; electronic documentation or access logs; surveillance camera footage; and your own statements. Your attorney may be able to request discovery, although this isn’t always the case. But the more you know about what the licensing board has against you, the easier it is for your attorney to build an effective defense. Furthermore, it can tell you how much danger you’re really in. If they’re investigating an anonymous complaint without any substantiating evidence, they may only be doing the investigation because the board’s bylaws require them to—even if they know the investigation won’t uncover anything. But if they have statements from multiple coworkers, social media posts you’ve made, documents signed by you, and other types of evidence, you may be facing a much tougher battle.

Avoid Discussing the Licensing Issue With Others

It’s easy to open up and say too much when you feel unfairly targeted. Resist the urge to discuss the investigation with coworkers, colleagues, and others in your industry. You really don’t know who’s on your side and who’s waiting to turn around and gossip about you. Even if the investigation doesn’t reveal anything, you could damage your own reputation by discussing it too freely.

Weigh Your Settlement Options

As the investigation proceeds, your attorney may recommend considering a settlement. This generally involves admitting some faults in the situation, but it may allow you to avoid the worst possible consequences of the accusations against you. If there’s substantial evidence against you, taking a settlement could protect your career.

Is Your License At Risk? Contact the Licensed Defense Lawyers at the Law Offices of Robin D. Perry & Associates

If you’re in danger of losing your professional license and everything you’ve worked so hard to build, do not take on the licensing board alone. Choose the Law Offices of Robin D. Perry & Associates, where we have defended professionals in a wide range of industries. Set up a time to discuss the claims against you by calling us at 562-216-2944 or contacting us online.

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IP Attorneys in the Bay Area

If you’re in the Bay Area and looking for an IP attorney, you should consider Michael Murphy. He helps both mature and emerging companies maintain a competitive edge by leveraging their intellectual property portfolios. He specializes in software, semiconductors, computer hardware, power electronics, telecommunications, and electric vehicles.

Evergreen Valley Law Group

Evergreen Valley Law Group is a Bay Area IP law firm that specializes in the nitty gritty of patents, trademarks and copyrights. The company has a global presence. Among other things, it offers legal advice and counsel to industry leaders. Specifically, Evergreen Valley handles the intellectual property needs of its Silicon Valley clients. Whether it is a high tech startup or a Fortune 500 business, Evergreen can assist you.

The company’s legal team has been around for quite some time. Managing partner Kanika Newell Kaufman has more than a decade of experience handling patents, trademarks and copyrights for some of the most innovative companies in the Bay Area. Other notable personnel include attorney Emily M. Brown who manages a large patent portfolio. As part of the AVLG, she handles the legal needs of technology-based businesses across a broad range of industries.

Dergosits & Noah LLP

The law firm of Dergosits & Noah LLP provides clients with a full suite of intellectual property (IP) services, from patent and trademark preparation and prosecution to copyright and trade secrets. For more than 35 years, the firm has been serving the Bay Area and beyond. With offices in San Francisco, Berkeley and Oakland, the firm’s attorneys are ready to serve you and your company’s intellectual property needs. Whether you’re looking for a one-on-one consultation, a group of highly qualified lawyers, or a hands-on team of professionals, the firm’s experienced IP attorneys can help you craft a strategy that works for your business. Known for its savvy and tenacious approach to client relationships, Dergosits & Noah LLP has become a trusted partner for many of California’s leading companies.

Evergreen Valley Law Group

Evergreen Valley Law Group is a Bay Area IP attorney firm that offers patent services, legal services for inventions and other intellectual property assets. They provide free consultations. The firm’s attorneys also provide opinion work on intellectual property matters.

The firm’s San Francisco office provides full service for clients in all aspects of intellectual property law. The professionals at the office specialize in key areas such as computer hardware, chemical engineering, and biotechnology.

The firm’s attorneys help inventors, businesses, and individuals protect their patent, trademark, copyright, and right of publicity. They represent individuals, small and large companies, and start-ups.

One of the firm’s attorneys is Dr. J. James Li, who works with clients in all aspects of intellectual property law. He has extensive experience defending patents, obtaining and enforcing copyrights, and securing licensing rights. During his career, Dr. Li has argued cases in numerous federal appellate courts.

Patent Ingenuity

Patent Ingenuity is a Bay Area IP attorney that has an extensive history in obtaining software patents. Their team is able to handle everything from patent procurement to license agreements. They work with clients to formulate a clear vision for their IP portfolio and to determine what inventions should be patented.

The firm is based in the SF Bay Area and has a wide range of clients. They specialize in working with funded tech startups to help them develop strong patents. They also offer a Patent Concierge Service, which guides small businesses through the patent process.

The firm is led by Sam Simpson, who has over a decade of experience in the patent industry. His firm offers a unique operating procedure, one that differs from other law firms in the lawyer directory.

HPL

When it comes to protecting your company’s intellectual property, you want to make sure you have the right tools and expertise on hand. If you live or operate in the greater Los Angeles area, you may need the services of an HPL Bay Area IP attorney. These attorneys have experience representing national and international corporations and can help you navigate LA law. Using one of these firms can pay off big time in the long run.

For starters, you’ll need to find a firm that provides patent law. This is an area that is more complicated than you might think and an attorney with this type of background can prove to be invaluable. One company to consider is Evergreen Valley Law Group. Their team of patent lawyers is not only skilled but well connected, which can help you get a leg up on the competition.

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7 Components Of Business Law

Business Law, as the name would suggest, is the set of laws administering and regulating the formation and running of all sorts of businesses. Also addressed as Commercial Law covers all areas related to starting, buying, managing, closing or selling all businesses. The businesses running in the market are expected to follow the same rules designed by the lawmakers of that particular territory, lest they be charged with violating the laws, which shall be punishable in a court of law.

Any well-to-do businessperson is likely to know the business laws and has a Commercial Law lawyer ready to defend his business when necessary. k1 visa

To learn more about what components Business Law consists of, keep reading.

Contract Law

Business Law defines “contract” as a legal document signed to form an agreement between parties over specific clauses and conditions. A contract could include an employment agreement, a contract for the sale of goods, or contracts that give your belongings on lease to someone in return for something. Brooklyn Taxation Lawyers

Employment Law

The kind of law that specifically deals with contracts dealing with employee hiring and firing is called Employment Lawyer in minneapolis. The purpose it serves is to protect the interests of the employer and protect the rights of the employee. Employment Law also decides the course of action of the employee that falls under his area of employment.

Labour Law

Like Employment Law, Labour Law concerns the ideal relationship between an employer and their employee. However, it is all related to the third party, the union of labourers- an organization formed to protect the interests of the labourers.

Intellectual Property Law

Business does not involve tangible products. There are service-rendering businesses where a person makes a profit off of their intellect. In this case, the person running the business is said to have sole ownership of a single entity. That is when Intellectual Property Law comes into the picture. Intellectual Property Law includes trademarks, patents, copyrights and trade secrets.

Consumer Sales Law

Consumer sales law is the set of laws devised to protect consumers from dishonest retailers, wholesalers and businesses. The idea is to keep consumers from being exploited by sellers who use false and fabricated ways of making sales. That could include false advertising, online scams, selling products without sharing full details with the buyer, identity phishing, exchanging unauthorized credit cards, etcetera.

The primary purpose of consumer sales law is to ensure that all consumers get what they pay when they buy goods or services from sellers or service providers. It also aims to ensure that all agreements between buyers and sellers are clear from both sides before any transaction takes place.

Security Law

Privacy in the last decade has been crucial to users of technology. Third Party Applications that have access to sensitive information about you and your family must not trade them to someone and risk your privacy. To ensure that your privacy remains protected, Security Law imposes regulations on the Third Party Applications, which, if violated, shall subject the concerned application to legal trouble.

Bankruptcy

Bankruptcy, in legal terms, is a proceeding carried out upon request by an individual or a business which is not in a position to be able to repay their debts. The process involves confiscating the assets owned by the concerned individual or business and used to repay all of their debts. To deal with bankruptcy legally you might need a Business Law Firm Minneapolis.

Conclusion

When you need a lawyer to defend yourself, you must look for an attorney familiar with your state’s laws. Say, for example, you are a businessperson in Minneapolis, Minnesota, and you need an attorney. It would be best if you looked up “Business Attorney Minnesota”, The next thing you would want to look up is business lawyers.

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How to Choose a Federal Money Laundering Lawyer

The volume of money that gets laundered around the world has significantly increased over the last few decades. In response, the federal government in the U.S. along with international agencies of law enforcement have increased their ability and efforts to arrest people that launder money and to prevent this crime.

With anti-money laundering efforts and resources that continue to increase, charges and investigations that relate to these white-collar crimes, in combination with tax evasion, drug trafficking, and gambling charges, have also increased. The charges relating to these crimes can result in long prison sentences along with the potential forfeiture and seizure of property and cash.

If you are facing charges relating to money laundering, it is important to get in contact with an experienced and knowledgeable federal defense lawyer that has an understanding of the complicated legal, financial, and sentencing problems relating to cases that involve money laundering and the one that has the skills to successfully negotiate with the federal prosecutors. Here at Levin & Associates, PPLC, we are backed by the investigative capacity, knowledge, and experience in federal courts to successfully defend you against charges relating to federal money laundering.

Money Laundering And Linked Offenses

In most cases, money laundering will involve engaging in or attempting to obscure the money source obtained. This typically means making illegally obtained money appear “legal” through the use of various business or/and financial transactions.

There are several federal laws that oppose money laundering as well as the processes that are specifically used for laundering money. These include the Bank Secrecy Act, Money Laundering Control Act, the Patriot Act, the Intelligence Reform and Terrorism Prevention Act, and the Anti-Drug Abuse Act.

The more common money laundering act that occurs is when money that is hidden originates from criminal activity, like drug trafficking. If you are facing a situation that involves this activity type you could be faced with a money laundering charge along with other criminal charges. If you were not involved in any of these criminal activities but have used a specific method to conceal your income, you might still face money laundering charges and tax fraud.

Tax evasion involves an intentional underreporting of your income and is one of the typical cases that involve money laundering. This frequently occurs when people do not report additional income from money that is laundered to the IRA (Internal Revenue Service). In some cases, a federal prosecutor will rather go after a tax evasion charge instead of money laundering because this approach is usually easy to prove.

Other offenses linked to money laundering involve insurance fraud. There are many schemes involving collecting large money sums fraudulently from insurance carriers and then mixing this money with the funds that were obtained from other sources in order to launder the fraudulent funds.

Defense Against Money Laundering Charges

If you have been convicted of money laundering, you might face a lengthy prison sentence and forfeiture of your assets. The common prison sentence is usually around three years, yet specific factors which include the number of funds that you laundered and your history, could impact your prison term. At the same time, if a judge has decided you were engaged in laundering money or you were engaged in money laundering methods regarded as sophisticated, the judge may decide to increase your sentence (well beyond the three years).

Due to the complexities involved in sentences and offenses for money laundering, it is essential to hire the services of a skilled, experienced federal defense lawyer to help you build an iron-clad defense, to negotiate with federal prosecutors, and to represent you in court.

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How to Avoid Commercial Litigation in Georgia

Mercantile law, also known as commercial law, is a type of law that deals with private, public, and business law. It covers topics such as trade, the conduct of business, and relationships of persons in commerce.

Common business disputes

Whether you are a large corporation or a small start-up, you’ll probably find yourself in the midst of some sort of business dispute at some point. While there are many reasons for business disputes, there are also some steps you can take to minimize the chances of them occurring.

Having a solid understanding of the types of disputes that are most likely to occur is a good start. A commercial law firm with experience in business disputes can help you determine which disputes are likely to arise in your company and help you resolve them.

One of the most common types of business disputes involves a breach of contract. This can occur in a variety of scenarios, including a contract for goods, a consulting contract, or a contract for services. This type of dispute usually entails two parties disagreeing on a particular term or condition of a contract.

Other types of business disputes include employment disputes, disputes between shareholders, and disputes between business partners. A business dispute can be a complex and confusing matter, especially if no written contract exists. However, in many cases, a simple meeting to discuss the issue may be all that is needed.

Cost of litigation

Investing in litigation finance is an effective way to reduce millions of dollars of annual legal costs. It also allows companies to take advantage of the financial value of their legal claims.

In addition, it can help alleviate the headaches of corporate legal teams. It can also be used to pay for depositions, expert witnesses, and other dispute-related expenses.

A typical commercial litigation case can last several years and can be extremely expensive. The costs of litigation vary depending on the facts of the case and the law firm hired. In addition to legal fees, litigation expenses include hearings, conferences, depositions, and research.

In a recent study of litigation transactions, Lawyers for Civil Justice found that these costs are a significant economic cost of doing business in the United States. It is estimated that the average outside litigation cost per respondent was nearly 115 million dollars in 2008.

In addition, commercial litigation is a time-intensive process. A trial may last for several months, and it may involve hundreds of expert witnesses.

Alternative dispute resolution

Using Alternative dispute resolution in commercial litigation can help limit the amount of hostility and acrimony between parties. It may also save time and money. However, in the case of a dispute, ADR is not a substitute for litigation.

Alternative dispute resolution is not an easy task. In many cases, it is a last resort. Often, companies will leave ADR to fall by the wayside once it fails to produce a satisfactory outcome.

Alternative dispute resolution is different from litigation in that it is voluntary. In fact, many contracts require parties to undergo mediation or arbitration. These processes are less formal and less stressful than traditional court proceedings.

Alternative dispute resolution also allows parties to work together toward an amicable resolution. In mediation, parties meet with a neutral mediator to try and resolve their differences. The mediator is not a decision-maker. In arbitration, a third party (the arbitrator) makes a decision based on the evidence presented to him. In other cases, the arbitrator’s decision is binding.

Disputes involving intellectual property

Disputes involving intellectual property can occur for a number of reasons. They may arise from infringement, breach of license, copyright, or trademark infringement, among others. There are a number of methods for resolving these disputes, such as court litigation or arbitration.

Intellectual property rights are a vital tool for companies to gain a competitive advantage. They are also important to commercial success in today’s globalized world. However, these rights must be properly protected. The dispute resolution procedures that should be used to resolve intellectual property disputes should be effective and efficient.

A variety of factors affect the outcome of an IP dispute, such as the parties’ ability to reach an agreement on the merits of the dispute. In addition, IP disputes frequently involve cross-border elements. These elements may involve different substantive laws, jurisdictions, and procedural steps. In such cases, the parties may seek to appoint arbitrators with a technical background.

IP disputes can also be consolidated in arbitration proceedings, which minimizes the risk of inconsistent decision-making. This is especially helpful in situations involving SEP/FRAND disputes and IP licensing programs.

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What can a tax attorney do for me?

Attorneys Who Specialize in Taxation: How They Can Help You

Failing to pay taxes can have a number of consequences. The most obvious is that you may owe the government money, which can accrue interest and penalties. Ultimately, not paying taxes can significantly impact your life, so it is important to ensure that you stay up-to-date on your taxes.

How Can an Attorney Specialization in Taxation Help?

While most of us take our taxes for granted, the fact is that they can be quite complex. And if you’re self-employed or have a complex financial situation, they can be even more challenging. That’s where attorneys who specialize in the field of taxation can help.

Help with Tax-Related Issues

A tax attorney specializes in taxation and can help you with various tax-related issues, including payment, relief, and non-payment of taxes. In addition, they can help with tax planning and representation before the IRS.

A tax lawyer can be a valuable resource if you’re struggling to understand your taxes or don’t know how to minimize your tax liability. They can help you navigate the often confusing world of taxation and ensure you comply with the law. So if you have any tax-related questions or concerns, don’t hesitate to contact a tax lawyer today.

Tax Audits and Appeals

When the IRS audits a tax return, it can be a very stressful experience. Lawyers who specialize in the field of taxation can help to ease the stress by representing the taxpayer during the audit. The lawyer can also help ensure that the taxpayer receives a fair hearing and is treated fairly by the IRS. In addition, a lawyer can help to prepare for and manage any appeals that may be necessary. As a result, a lawyer specializing in taxation can be extremely helpful during a tax audit or appeal.

Tax Fraud

Tax fraud is a severe crime that can have significant consequences. If you are accused of tax fraud, you may be facing significant fines and penalties, including a prison sentence. A lawyer specializing in taxation can help you navigate the complex tax laws and investigate the allegations against you.

The lawyer y can also help you understand your rights and options and develop a defense strategy tailored to your situation. While no one can guarantee a successful outcome, an experienced tax attorney can give you the best chance of avoiding a conviction and achieving a favorable result.

Divorce Tax Issues

When a couple gets divorced, many things must be taken into account to ensure that both parties are treated fairly. One of the most important – and often overlooked – aspects of this is taxation.

A legal professional specializing in taxation can help ensure both parties are aware of the potential tax implications of the divorce and can help negotiate a fair settlement. For example, if one spouse is required to pay alimony, they may be able to deduct this from their taxes.

Business Tax

Any business owner knows that tax issues can be complex and time-consuming. There is a lot to keep track of, from filing quarterly reports to ensuring compliance with local, state, and federal regulations. This is where a legal professional specializing in taxation can help. A good tax legal professional will thoroughly understand the tax code and the latest changes.

They can help ensure that your business complies with all regulations and that you take advantage of any tax breaks. In addition, a tax legal professional can help resolve any disputes with the IRS or state tax authorities. Working with a qualified attorney can remove the worry of dealing with business taxes and focus on running your business.

These are a few ways and situations in which an attorney specializing in taxation can greatly help.

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New or established, your business can’t afford these four mistakes

A successful business today requires hard work and dedication to launch and grow. Business owners must thus do informational research to make informed decisions or get legal advice from a family business lawyer in minneapolis. Making the wrong choices might harm a commercial enterprise’s success; therefore, this is crucial.

Every business owner should thus be careful to avoid errors from the beginning. The choices you make on the first day of your business have repercussions that may not become apparent for many years. Your company’s future growth efficiency is directly influenced by how you initially set up your organization. New or established, your business can’t afford these four mistakes:

1.     Providing Poor Customer Service

The quality of its customer service greatly influences any business’ success. This is a significant factor of difference between excellent and poor business. There are many advantages of superior customer service, and the primary aim of every business should be customer satisfaction. Furthermore, It encourages, among other things, customer experience, happiness, and engagement.

Even though offering superior customer service has many advantages, most companies still do it incorrectly. They lose consumers as a result of their subpar customer service. Thus, you must look after your clients by offering top-notch customer service if you want to stay ahead of the competition. There are several methods to advertise your customer service. For instance, you must be approachable and accommodating to your clients. Customers can tell you value them by how you respond to and appreciate them. This motivates people to interact with your company regularly.

2.     Not Paying Attention To The Details

It is your responsibility to ensure that the “small” things don’t go wrong, whether you are a business owner or a member of the C-Suite. Employees frequently think minor infractions will go unnoticed. The “everyone else is doing it” mindset is to blame, such as inflating billable hours to reach a goal or using a company account to pay for personal purchases. A mile won’t be far behind if individuals get away with stealing an inch. If your business has that culture, future problems might be pretty serious under the employment law.

The best thing to do is to stay careful and consistent. You must be extra watchful since smaller organizations have fewer balances and checks. Everyone must comprehend the rules, follow them, and consistently apply them. Otherwise, individuals would become complacent and think it is okay to breach the border.

3.     Ignoring The Competition

The fierce rivalry in the market is one of the main reasons new and small businesses fail to get off the ground. However, most business owners launch their ventures without considering the fact that there are currently established competitors in the industry, and as a result, they fail.

Therefore, studying your competitors would be a good idea if you want to stay ahead of the pack. Knowing your rivals’ weak and strong aspects, marketing tactics, and much more is necessary. Knowing your competitors will enable you to use the most proper management and marketing techniques to keep one step ahead of them.

4.     Hoping A Problem Will Resolve On Its Own

Sometimes it might, although that doesn’t happen often. A problem has less chance of remaining undiscovered and blowing over its more moving pieces. The best course of action is to take charge of the issue as soon as it arises. If not, you’ll produce a beast that’s challenging to control.

Alternately, do this: Always go into situations assuming the worst. Murphy’s Law holds a lot of weight, and there isn’t much time to react when a crisis arises. Therefore, prepare your defenses in advance of it happening. Having a strategy and not using it is preferable to be caught off guard.

Conclusion

Starting and maintaining a business is not everyone’s cup of tea. It’s common to make mistakes and learn from them, but it’s even better to be aware of the most common mistakes to be avoided. New or established, your business can’t afford these four mistakes. Some mistakes are more frequent than others because they appear reasonable at the time. However, acting in a way that “makes sense” is frequently problematic in and of itself.

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Seven legal and financial steps to closing your small business

Some small businesses shut their doors forever for a number of reasons. Even though closing a company may be a difficult choice, if the proper procedures aren’t followed. 

Stopping marketing campaigns and selling goods and services is only one aspect of leaving a company. You must also take care of additional formalities to formally dissolve your company and file paperwork with the authorities. Failure to handle those details could result in expenses (and possibly fines) owing even after a business has stopped providing its clients with their requested goods or services. So what can one do to close their business? This article covers a number of steps to be followed during such situations. 

Seven Steps to Closing a Business

Dissolve Your Business Entity

Companies and LLCs must formally dissolve themselves to inform the state that they are no longer in existence. Articles of Dissolution must be sent to the Secretary of State’s office in this situation. Before proceeding further to close a company, multiple-owner businesses must first call a board of directors or business partners meeting for a unanimous vote. Because the procedures for each state and municipality where your company is registered may differ as a commercial arbitration Lawyer, it is imperative to research the regulations in each place.  

Selling your assets and obtaining the money you are owed

A collection strategy must be in place if you have delinquent accounts receivable. Once you close your business, collecting accounts receivable could be much more challenging. The eagerness of other businesspeople to pay may be lower. Additionally, because of their accounting practices, they could be unable to repay a person rather than a business entity. But obtaining unpaid accounts can help you have cash on hand, which can be helpful when you get ready to close. 

Pay Your Outstanding Debts

Closing your accounts payable requires paying any outstanding supplier and service provider invoices. Speak with a lawyer about your alternatives if you cannot make your payments. 

State sales tax must be paid and final payroll taxes filed

If you have employees, you must submit your payroll forms as usual and pay your final payroll taxes after giving them their final wages and salaries. What would happen if you could not pay your payroll taxes to the IRS? You might be able to lower the amount you owe by submitting an “Offer in Compromise” to the IRS. Accepting paying your tax bill in installments is an additional choice to consider.

Send your final state sales tax forms along with the tax you have collected from your consumers. Then, find out what steps need to be taken to close your tax account by contacting your state and local tax authorities.

File Your Last Income Tax Return

Corporations and LLCs must check the “final return” box on their income tax forms. Corporations must include shareholder allocation information on Schedule K-1 (and losses). 

Revocation of business licenses and permits

If any business licenses or permissions are needed by the federal, state, county, or municipal governments, inform them that your business has closed. You can avoid doing this even after you stop operating as a business, saving you money on renewal fees and tax obligations. 

Share assets with partners or stockholders

Businesses with multiple owners should distribute any funds or assets that remain after all liabilities have been paid to partners or shareholders. The division of assets in LLCs will depend on the percentage of ownership that each partner holds in the business. Depending on how many shares each shareholder has, firms will divide assets among them. 

Conclusion

As you can see, many duties are involved with shutting a firm. Many firms advice that you reach out to Commercial Litigation lawyer in New Jersey and accounting experts who can offer help on the procedure to make sure you cover all the bases. Additionally, you might discover that online services for filing business documents will make canceling licenses and permits and submitting paperwork for dissolution easier.

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3 Laws That Every Business Entity Should Follow in 2023

Launching your brand in the commercial space needs plenty of preparation. One of them is knowing the business laws to comply with state, federal and local regulations. Companies unfamiliar with the legal essentials are susceptible to failure and losing big money in lawsuit. Studies found that 36% to 53% of small businesses are sued annually and about 45% of small businesses are currently involved in litigation as of 2022. The average liability suit costs at least $54,000. More than 75% of small business owners live in fear that they might be targeted for a lawsuit.

Kellogg launched a new ad campaign in 2009 for its Rice Krispies cereal claiming that it boosts children’s immunity. Various private individuals along with The Oregon attorney general and the FTC had issues due to a lack of scientific evidence. Multiple allegations were rolled into one and the company settled for $5 million as per Lexology report. McDonald’s, Apple and Red Bull also faced major financial setbacks with class-action settlements. So, below are a few legal necessities to stay compliant and protect your brand. Knowing these will keep you from getting caught off guard.

1. Pay-to-Play Law

Pay-to-play is the unethical act of money exchange with government officials to enjoy certain favors, privileges or benefits. It can be in areas like politics, entertainment, sports and business. New Jersey’s Pay-to-play law seeks to ensure open and fair public contracting that must be free of the sway of political interests. Section 84308 prohibits a party from looking for a permit, license and similar entitlements in return for political contributions.
Entities holding contracts worth more than $250,000 are banned from pay-to-play disclosure. As of February 2022, 15 states and the District of Columbia have pay-to-play laws of general jurisdiction and several other states have industry-specific pay-to-play laws. Make sure your company is in compliance with state contracts for a customized plan.

2. Privacy Laws

There is no single US law for the privacy of data but a mix of GLBA, FCRA, COPPA, VPPA and FERPA. These give consumers the right to control their data and businesses must strive to create a better world with a safe internet presence. Companies that store and process information are required to stay updated on the latest regulations even if there is a lack of a comprehensive privacy framework. This helps to ensure compliance with the data collection laws that regulate the collection, use and disclosure of personal data while setting standards regarding how to take care of sensitive details.

The US Privacy Act of 1974 establishes rules and regulations regarding US government agencies’ use, collection and disclosure of personal information. One of the is the right to access data based on an employee’s role in a company. Three states like California, Virginia and Colorado have comprehensive consumer privacy laws which applies to the residents. It is a good idea work with your lawyer and learn about the size of the income level of businesses the laws apply to, cure periods and whether you may use tools or authorized agents.

3.      Tax Laws

Businesses must file and pay federal taxes on income earned annually. This will need you to get an employer identification number. The nominal federal corporate tax rate in the US is a flat 21% since January 2018 due to the Tax Cuts and Jobs Acts of 2017. Not being able to pay the amount leads to Failure to Pay Penalty is 0.5% of the unpaid taxes for each month or a part of the month the tax remains unpaid. Take some time to review the social security, Medicare, federal tax and federal unemployment tax needs.

You may also have to collect and pay state sales and state and federal excise taxes on specific business activities and property taxes on assets. Income taxes are also applicable for Sole Proprietors, Multiple-Member LLCs, Partners and Single-Member LLCs.

Try to protect your personal assets, ensure your workers and be careful not to violate trademarks. Check for licensing needs before opening doors to the public. Know the rules and guidelines about internet advertising to avoid anything that hurts customer sentiments. File for bankruptcy if your business debt is getting out of hand. Following these steps can help your new company run without hassles.

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What Does Product Liability Insurance Cover?

Product liability, in general, incorporates insurance, a knowledgeable legal team, and constant evaluations of product components, manufacturing process, and so on. The reality is that literally any product has the potential to cause harm or property damage, and the resulting claims can be complicated.

Remember the uproar when McDonald’s got sued for selling coffee that was too hot? Food, for instance, can not only burn people, but it can make them sick. A poorly-designed bunk bed can become a death trap if there is a fire. A blender could overheat and explode. A weed wacker with a poorly-made component can easily hurt the user or someone nearby.

Without product liability insurance, businesses would have to pay for lawsuits out of pocket if their products ever hurt anyone or anything.

What Is Product Liability Insurance?

Product liability insurance is designed for companies that create products and sell them to the public. Product liability insurance protects such companies in case one of their products has a defect, if there is a design flaw that was overlooked, or if one of the product components was damaged or poorly made. This type of insurance also covers businesses if a product causes an injury or damage to someone’s property.

Who Should Get Product Liability Insurance?

Manufacturers, wholesalers, retailers, and distributors that sell a product to the public, to other businesses, or that have a supply chain would be well-advised to secure product liability insurance. It doesn’t matter if it is a tiny cottage industry selling just a few units of an all-natural, seemingly harmless item or a worldwide mega-conglomerate corporation.

In a product liability lawsuit, the plaintiff has the ability to sue the companies involved in producing the product that caused them injury—whether it’s a widget factory in Indonesia that only makes one part of a product or the design team who laid it out the specs. Many companies might not have the funds to cover all of an injured plaintiff’s losses every time a product-related accident happens. This is where the corporation’s product liability coverage comes in.

What Occurrences Are Covered by Product Liability Insurance?

A general business liability policy can cover products in some cases, but each insurance policy is different. Here is a general list of the types of things product liability insurance helps with:

  • Defective parts or components
  • Incomplete or inaccurate warning label
  • Manufacturing defects, production inconsistencies
  • Incorrect or inaccurate product instructions
  • Design flaws
  • General liability (meaning a product was not in any way defective but still caused an injury property damage)

Common Losses of Product Liability Victims

The reality is that product liability claims can have high dollar amounts. A defective or dangerous product can result in severe injuries and losses, and victims can seek total compensation for their losses by filing an insurance claim. Companies should have enough coverage to pay for the losses of injury victims, so they do not have to dig into the business’s own pockets or – in some cases – file for bankruptcy.

Some losses that an injured victim might seek include:

  • Past and future medical expenses
  • Past and future lost income
  • Pain and suffering
  • Permanent impairments or disfigurement
  • Wrongful death

Some products can cause catastrophic injuries that change a victim’s life forever, and their lifelong losses can easily reach the millions. Sometimes, a product can cause injuries to many people, who all file a class action or mass tort case. The right insurance coverage is critical in such situations.

Varcadipane & Pinnisi Are New York Product Liability, Lawyers

Product liability laws in New York can be complicated to navigate—you need someone with experience to help. Varcadipane & Pinnisi, PC has a solid track record of litigating all aspects of product liability cases for injury victims. As New York personal Injury attorneys, we can help you if you have an issue with a defective product that has caused injuries and losses. Contact us now for a no-cost review of your product liability case.

 

Author Bio

Dawn M. Pinnisi predominantly handles injury claims in New York and New Jersey on behalf of victims of products liability, professional malpractice, and negligence. She has twenty years of litigation experience advocating for injured clients and has recovered millions of dollars in jury verdicts, settlements, arbitrations, and mediations.

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