Small Business Resources, Business Advice and Forms from AllBusiness.com

Common Small Business Legal Mistakes

* From  Date: Tuesday, December 7 2004

  • How much time and effort is each person expected to contribute?

  • How much capital will each person contribute?

  • What happens if the business needs more capital?

  • What happens if one person leaves the business?

  • What happens if one person dies?

  • Will the stock or partnership interest be bought back from the estate of the deceased or from the person leaving the business?


    Starting the Business as a General Partnership Instead of a Limited Liability Entity

    Under many states' laws, the partners are jointly liable for the debts and obligations in general partnerships. If the business encounters a problem, all of your investment in the business—as well as all of your personal assets—is at risk. There are other legal options that avoid liability—corporations, LLCs and limited partnerships, for example.



    Getting Involved in Litigation

    Litigation fees can be astronomical, and they can quickly drain management time and resources. Consider alternative means of dispute resolution, such as mediation or arbitration. Or, if a reasonable settlement offer is available, think seriously about taking it instead of spending more time in litigation.

    Ignoring Intellectual Property Issues

    Even low-technology companies have intellectual property issues that may be important for the future success of the business. For example, do you require your employees and consultants to sign Confidentiality and Invention Assignment Agreements? Have you registered for a trademark for an important company logo or product? Do you put copyright notices on your written information? Are your trade secrets adequately protected?

  • Startups: The Importance of a Good Attorney
    Betsy Flanagan of Startup Studio interviews venture capitalist David Hornik of August Capital and the creator of VentureBlog.