Business Law

America is a capitalist society; everyone can operate a business. He or she can do so with little fear of government interference, unlike in some countries. However, there are laws and regulations. Anyone can operate any type of business – for example, a sole proprietorship, a partnership, or a corporation. But starting a business is…

Virtually every day, Americans buy, sell, and/or consume products – cars, trucks, SUVs, foods, computers, cell phones, clothes, gas, and more.  Most transactions go smoothly, but some do not. When consumers, businesses, or buyers do not receive the benefit of the bargain, the law provides them with remedies.  The law of contracts, the Uniform Commercial…

Businesses, consumers, nonprofits, and governments buy goods or services and often enter into written contracts or agreements.  In a written contract, the parties involved usually have specified the terms and conditions. For instance, paying this price at a particular time will result in the delivering goods or providing services. However, contracts may contain such numerous…

Consumers, businesses, and non-profits often seek to buy products or items, such as vehicles, homes, and clothes, but do not have the funds to pay for said items at the time of purchase.  The sellers of these items – lenders, retailers, dealers, banks, finance companies, etc. – may sell the product on credit but require…

Privacy, trust, secrecy, and protection thereof are important in today’s business world, and a confidentiality agreement often is used to protect confidential information between an employer and employee or between businesses proposing to enter or entering an agreement. Also known as a non-disclosure agreement, a confidentiality agreement is a binding agreement between two or more…

The business world often can be complicated and confusing. A recurring source of confusion is agreements not to compete. But what exactly is a non-competition agreement? A non-competition agreement is often, but not always an agreement between an employer and employee where the employee agrees not to compete in the same line of business for…

Legislatures have often enacted laws with conflicting or cross purposes.  What one particular statute or regulation encourages or requires may run contrary to another.  A small business may try to justify its practices or activities by relying on a particular law, regulation, or agency opinion, but a different separate law may require a result that…

In the world of business, there are several different structures for doing business, mainly, sole proprietorships, partnerships (general or limited), corporations (s-corporations or c-corporations), and limited liable companies (LLCs).  But let’s focus on the two types of partnerships and LLCs, and many businesses in the United States fits in one of those categories. In a…