by Dave Duringer - Protective Law Corp | Sep 9, 2022 | Blog, Business Succession, Entity Formation, Operation & Governance, Regulatory Compliance
Corporations are required to have a board of directors, which is selected by the shareholders. The board of directors helps govern the corporation, provides advice and counsel, conducts high-level management, elects officers, votes on key decisions, and protects...
by Dave Duringer - Protective Law Corp | Sep 8, 2022 | Blog, Operation & Governance, Regulatory Compliance
In today’s competitive job market, giving gifts and other fringe benefits to employees can be an effective way for employers to show appreciation. But generous employers should understand that most gifts and bonuses—even small ones—have tax implications. Employee...
by Dave Duringer - Protective Law Corp | Aug 18, 2022 | Blog, Entity Formation, Limitation of Liability, Operation & Governance, Regulatory Compliance, Venture Protection
Multilevel marketing (MLM) businesses sell products or services directly to retail customers using commission-based, nonsalaried representatives who are encouraged to recruit new representatives and form their own sales networks. They can have thousands of...
by Dave Duringer - Protective Law Corp | Aug 17, 2022 | Blog, Entity Formation, Limitation of Liability, Operation & Governance, Regulatory Compliance, Venture Protection
If you have ever considered starting an e-commerce business, now is a great time to move from ideation to action. Online retail sales exploded to an all-time high amid COVID-19 lockdowns, travel bans, and brick-and-mortar closures, and this was not just a temporary...
by Dave Duringer - Protective Law Corp | Aug 16, 2022 | Blog, Limitation of Liability, Regulatory Compliance, Venture Protection
The Americans with Disabilities Act (ADA) requires businesses to accommodate people with physical and cognitive impairments. While the ADA, which applies to “places of public accommodation,” was designed with physical spaces in mind, the proliferation of online...
by Dave Duringer - Protective Law Corp | Aug 11, 2022 | Blog, Operation & Governance, Regulatory Compliance, Venture Protection
You are probably aware of employment laws that could create liabilities if your company fails to comply with them. However, even before a person becomes an employee, certain antidiscrimination laws protect them during the application process. Most employers must...
by Dave Duringer - Protective Law Corp | Aug 8, 2022 | Asset Protection, Blog, Business Succession, Buying or Selling a Closely Held Business, Creditors & Predators, Entity Formation, Estate Planning, Family Maintenance, Financial Mentorship, Fortune, Limitation of Liability, Operation & Governance, Regulatory Compliance, Tax Planning, Venture Protection
Trusts are usually associated with estate planning, but trusts can also apply to business operations. As a small business owner, you can hold the business in a trust instead of using a business entity such as a limited liability company (LLC) or corporation. Business...
by Dave Duringer - Protective Law Corp | Aug 5, 2022 | Blog, Operation & Governance, Regulatory Compliance, Venture Protection
Paying employees is among the top legal obligations of employers. Whether due to financial difficulties or worker conduct, it is generally illegal to withhold payment from employees. The U.S. Department of Labor (DOL), as well as state labor boards, have strict laws...
by Dave Duringer - Protective Law Corp | Aug 4, 2022 | Blog, Operation & Governance, Regulatory Compliance, Venture Protection
What do workers want most? Beyond a pay raise, one of the best ways to keep workers happy is to give them more paid time off (PTO). Contrary to what business owners and managers might think, vacation time has actually been shown to boost productivity. Vacation is an...
by Dave Duringer - Protective Law Corp | Jul 27, 2022 | Blog, Entity Formation, Operation & Governance, Regulatory Compliance, Tax Planning, Venture Protection
The number of people working from home has never been higher. During the pandemic, many workers got a taste of the remote-work future and realized that they prefer to work from home. Now, as companies move ahead with return-to-office plans, there is an emerging power...
by Dave Duringer - Protective Law Corp | Jul 19, 2022 | Blog, Limitation of Liability, Operation & Governance, Regulatory Compliance, Venture Protection
Exposure to lawsuits involving injury and loss claims is among the biggest risks that businesses face. Although liability waivers are most commonly used by businesses that offer inherently dangerous activities, such as ski resorts, amusement parks, and gyms, they can...
by Dave Duringer - Protective Law Corp | Jul 12, 2022 | Blog, Fortune, Limitation of Liability, Operation & Governance, Regulatory Compliance, Venture Protection
Small business owners are accustomed to having grace under fire when it comes to running their business. But it is just as necessary that they demonstrate grace when firing an employee. Due to harsh economic conditions, some sectors of the American economy had to...
by Dave Duringer - Protective Law Corp | Feb 16, 2022 | Entity Formation, Operation & Governance, Regulatory Compliance, Venture Protection
If your business is registered with the state, you are required to name a registered agent at the time of registration or incorporation. A registered agent is the person who receives legal and tax documents on behalf of your business. You or other people in your...
by Dave Duringer - Protective Law Corp | Nov 17, 2020 | Blog, Regulatory Compliance, Venture Protection
To our estate planning and administration clients with businesses in their estates: As a business owner, it is almost guaranteed that you will encounter some variation of the following scenario: You engaged a client and completed fantastic work. The products...
by Dave Duringer - Protective Law Corp | Apr 8, 2017 | Asset Protection, Regulatory Compliance, Venture Protection
And it’s not just that the IRS occasionally seizes the assets of innocent business owners by mistake and is unaware of the problems with its methodology: According to the TIGTA report, the IRS almost always misses the mark. The watchdog randomly selected 278...
by Dave Duringer - Protective Law Corp | Feb 25, 2017 | Operation & Governance, Regulatory Compliance, Venture Protection
Since day one, President Donald J. Trump has been cutting regulatory red tape in Washington in order to help the American people and increase efficiency. Costly regulations and job-stifling bureaucratic red tape have held back the American economy for far too...
by Dave Duringer - Protective Law Corp | Feb 3, 2017 | Asset Protection, Business Succession, Creditors & Predators, Estate Planning, Regulatory Compliance, Venture Protection
But, what about political risk? Given today’s volatile political environment, it seems especially prudent to raise this topic. A quick glance at the headlines is all one needs to appreciate that these are treacherous times that require organizations to take...
by Dave Duringer - Protective Law Corp | Feb 3, 2017 | Asset Protection, Business Succession, Estate Planning, Regulatory Compliance, Venture Protection
Another regulation that brokers adhere to, but will likely come now to RIAs, is the mandate that the firm has a documented business succession plan in the event the advisor dies suddenly or otherwise becomes incapacitated. The risk is that many RIAs are smaller...
by Dave Duringer - Protective Law Corp | Jul 25, 2016 | Asset Protection, News & Commentary, Regulatory Compliance, Venture Protection
The concept of Title III was sound in theory; it should foster entrepreneurship and provide small businesses access to needed capital from a larger pool of investors. But Congress over-regulated the bill, and the requirements to comply with the regulations of Title...
by Dave Duringer - Protective Law Corp | May 31, 2016 | Regulatory Compliance, Venture Protection
Good advice, and not just for gun dealers: Your typical customers display consistent behaviors and have consistent conversations, even when they’re first-time firearm purchases. When you don’t see or hear that consistency, trust your gut!Those of us in the retail...