An Expert Law Tips Program
START-UP BUSINESS ESSENTIALS
Essential Information For New and Small Business Owners
If you are thinking of starting a new business, or are in the early stages of launching a start-up, this program covers the essential issues a new business founder should be aware of. Presented by accomplished business and intellectual property law attorney David M. Kleiman, this program surveys the big issues that both new and small business owners should understand in order to increase their chances of success.
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Episode 1: Business Record-Keeping
In this episode attorney David Kleiman explains why one of the first things to do in starting a new business enterprise is establishing a good record keeping system related to all of your activities and expenses. This has important legal purposes, especially when it comes to taxes.
Episode 2: Founder Collaboration Agreement
Attorney David Kleiman explains how one of the very first things that founders working together on a new business enterprise need to do is have a founder collaboration agreement. This important legal document can have a big impact on the development of a new business enterprise and its founders. So, a founder collaboration agreement should not be overlooked when two or more people start to work together on a new business.
Episode 3: The Value Of Business Planning
Attorney David Kleiman explains how information from the business planning process is needed to establish a good legal foundation for a new business enterprise. There is information from the business planning process which an attorney will generally need to know in order to properly advise founders of a new business on certain important legal decisions.
Episode 4: Intellectual Property Rights Issues
If the founders of a new business enterprise are not paying attention early on, then it can be easy to unintentionally lose valuable and important intellectual property rights such as patents, trademarks, and copyrights. It can also be easy to inadvertently infringe someone else’s intellectual property rights. Attorney David Kleiman explains what intellectual property rights are, and the important intellectual property rights issues new business founders need to be aware of.
Episode 5: Limited Liability Principles
There are risks in business that can lead to legal liability. Businesses get sued all the time, for all kinds of things. The risk to a business owner of being personally responsible for the debts of a business associated with business liabilities is an important consideration when starting or investing in a business. There are ways of doing business that offer business owners limited liability protection against business debts. In this episode attorney David Kleiman explains what limited liability protection means, when it applies, and some of the traps for the unwary.
Episode 6: Pass-Through Taxation Principles
One or more governments will want to collect taxes due on any profits of a business enterprise. To which taxpayer(s) the income and any losses of a business will be attributed is an important issue to consider when starting a business. For taxes, will the income and losses of the business be attributed to the business itself, or will it go directly to the business owners? In this episode attorney David Kleiman discusses the basics of these issues, covering the concepts of pass-through taxation and double taxation.
Episode 7: The Basic Types Of Legal Structures
There are different types of legal structures available in the United States for conducting business. In this episode attorney David M. Kleiman introduces the four most common legal structures available in the United States, which are each covered in greater depth in subsequent video episodes.
Episode 8: Doing Business As A Sole Proprietor
The simplest legal structure is the sole proprietorship, where legally the business is an individual person. In this episode attorney David Kleiman provides an overview of sole proprietorship and its legal characteristics.
Episode 9: Doing Business As A Partnership
When two or more people work together as co-owners of a business they might be considered to be operating the business as a partnership. There are different types of partnerships available, and there are significant legal and tax implications from choosing to do business as a partnership. In this episode attorney David Kleiman provides an overview of what partnerships are, and the different types of business partnerships.
Episode 10: Doing Business As An LLC
One of the most popular legal structures for new and small businesses is the limited liability company, commonly referred to as an LLC. In this episode attorney David M. Kleiman covers the basic attributes of an LLC, and also some of its limitations.
Episode 11: Doing Business As A Corporation
Corporations are one of the legal structures available for doing business. They are well suited to certain types of businesses. In this episode attorney David Kleiman discusses the basics of stock corporations.
Episode 12: Setting Up A Business
The creation of a legal structure for a business is just an early step. There are other steps which typically must be completed afterwards before a business is actually set up in the legal and business sense to commence business operations. Specifically, ownership and management of the newly created business needs to be established. In this episode attorney David Kleiman discusses the first steps for setting up ownership and management of a new business.
Episode 13: Employees And Independent Contractors
The services of workers are frequently used for the production and delivery of business products and services. Whether a worker is classified as an employee of a business, or an independent contractor, can have a significant legal and financial impact for a business. In this episode attorney David Kleiman discusses the important differences between employees and independent contractors.
Episode 14: Fair Competition And Truth In Advertising
The law requires that businesses compete fairly and avoid false advertising. In this episode attorney David Kleiman gives an introduction to the laws concerning unfair competition and false advertising that apply to all businesses.
Episode 15: Selling Services
Service businesses must avoid negligence and breach of contract. This requires the exercise of reasonable care, and the performance of all material promises made in a contract, when providing services. In this episode attorney David Kleiman covers these important issues for service businesses.
Episode 16: Product Warranty Basics
Those engaged in the sale of products should be aware of their legal obligations when it comes to warranties, some of which can arise automatically by operation of law. In this episode attorney David Kleiman provides an overview of implied and express product warranties.
Episode 17: Product Liability
Product liability is a risk for all businesses engaged in the sale of products, even if they themselves did not design or manufacture the product. In this episode attorney David Kleiman provides an overview of the risk of product liability and steps to manage such risks.
Episode 18: Consumer Protection
The law often distinguishes between customers who are consumers and those who are not. In this episode attorney David Kleiman discusses what type of customer the law considers to be a consumer, and some of the legal mechanisms in place that a business should be aware concerning consumer protection.
Episode 19: About Legal Compliance
Every business will have ongoing obligations to comply with the laws that govern the maintenance and operation of a business, and specifically the public laws that the government enforces against private businesses. Not all businesses have the same legal compliance obligations. In this episode attorney David Kleiman provides an overview of the most common areas of legal compliance for businesses.
Episode 20: Business Insurance
Business insurance can help a business manage the risks it faces. There are many different types of insurance, and having appropriate coverage can have significant financial implications for a business. In this episode attorney David Kleiman discusses the most common forms of business insurance that new business owners should be aware of, and some important considerations regarding insurance and indemnification.
Episode 21: Working With An Attorney For Business
Working with an attorney for starting and operating a business is generally a good idea if done cost-effectively. Going without the services of a qualified attorney greatly increases risk, and can be penny wise and dollar foolish. In this episode attorney David Kleiman gives an overview of certain aspects of the attorney-client relationship every business client should be aware, and some important tips for being able to get the most from the attorney-client relationship.