Attorney Blog

Negotiating a Commercial Lease

  • Oct 7 2015

By Roy Schneider, Esq.  Negotiating a Commercial Lease? Be Sure to Address These Issues When it comes time for your business to move into a new commercial space, make sure you consider the terms of your lease agreement from both business and legal perspectives.  While there are some common terms and clauses in many commercial leases, many landlords and property managers incorporate complicated and sometimes unusual terms and conditions.   As you review your commercial...

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Seven Common Mistakes Employers Make

  • Oct 7 2015

By Ted J. Schneider, Esq. American employers are subject to numerous federal, state and local laws, imposing various requirements, including wage and hour and anti-discrimination laws. Unfortunately, many employers – particularly small businesses – are unaware of their legal obligations, and often violate various worker protection laws, resulting in expensive lawsuits, civil settlements and fines. Here are some common, costly mistakes employers make, all of which are easily avoidable with proper guidance and advice: Misclassifying...

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Receivership as an Alternative to Bankruptcy

  • Sep 6 2015

By William E. Winfield, Esq. Attorneys and clients considering financially challenged businesses should not forget to consider the benefits Receivership, both as a potential tool for collection of outstanding obligations or enforcement of contracts, but also as a vehicle for financial restructuring. Receivers are typically appointed by the Court in a litigation proceeding at the request of a creditor, co-owner of a business or reap property, or by any adverse litigant.  A party who...

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Five Considerations for Starting a New Business

  • Sep 1 2015

By Roy Schneider, Esq. 1. Deciding on a Business Form There are various business forms to choose from.  A sole proprietorship is the easiest to set up, manage, and maintain.  There is minimal paperwork necessary to set up a sole proprietorship since there is no distinction between the business and the proprietor.  Unfortunately, if a sole proprietorship faces a lawsuit, the owner’s personal assets are at stake. This can be avoided by registering a...

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Firm Adds Experienced Bankruptcy Law Attorney

  • Sep 1 2015

We are pleased to announce that William E. Winfield has joined the firm. Bill is Board Certified in Business Bankruptcy by the American Board of Certification. Bill practices in the areas of general business law, civil litigation, real property, landlord/tenant, securities, oil and gas, bankruptcy and creditor/debtor rights. He also accepts Court appointments as a Receiver. Bill is a mediator for the United States Bankruptcy Court. He has served as a Visiting Deputy District...

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Disaster DIY: Business Law Edition

  • Aug 4 2015

By Ted J. Schneider, Esq. Have you ever watched the TV show Disaster DIY on HGTV?  The premise of the show is that many people, who have no idea what they are doing when it comes to home remodeling, try the “do it yourself” (DIY) approach anyway.  The host of the show then comes in to save the day, repairing what the DIYers have destroyed, and teaching them how to properly perform certain tasks....

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Do I Really Need Advance Directives for Health Care?

  • Aug 2 2015

By Roy Schneider, Esq. Many people are confused by advance directives. They are unsure what type of directives are out there, and whether they even need directives at all, especially if they are young. There are a couple types of advance directives which you should consider having prepared. One is commonly referred to as a “living will”, which communicates what type of life support and medical treatments, if any, such as ventilators or a...

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Are employees owed overtime for checking and answering email after hours?

  • Jul 12 2015

By Ted J. Schneider, Esq. Technology is a double-edged sword. It allows us to work remotely and to have greater flexibility as to where and when we work, but the freedom it affords can also be a burden. When you can work from anywhere, and at any time, it often feels like you should be doing so! Studies suggest people are caving under the pressure – whether explicit or implicit – to work while...

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Own a business with a spouse? What happens after a divorce?

  • Jul 5 2015

By Deborah A. Perkins, Esq. Do you own your own business?  Are you concerned with what will happen to the business during a divorce?  Here are some things you should know. Resolving the issue of a community property business in a divorce raises issues in both family law and business law.  As such, it is a good idea to consult both types of attorneys. The most common resolution of this issue is where one...

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Entrepreneurial Immigrants: Building the American Dream

  • Jul 1 2015

By Roy Schneider, Esq. The American Dream of starting your own business and pulling yourself up by your bootstraps is alive and well. In fact, it is the creation and growth of small businesses that is instrumental in helping America recover from the Great Recession. What many do not realize is that a significant percentage of new business ventures in this country are started by immigrants.  Despite their business startup prowess, Immigrants face a...

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