Archive for June, 2011

13
Jun
11

Are the AG’s right in siding with Boeing?

Boeing is being brought before the National Labor Relations Board for unfair labor practices. Labor officials say the company chose to build a new plant in South Carolina, a right-to-work state, as a slap in the face to the unions. You can read more about it here:

http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202496871602

What do you think?

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08
Jun
11

Is the FTC going too far?

Here’s an interesting perspective on online marketing for drug companies. What do you think?

http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202496257900&From_the_Experts_God_Save_the_Queen

03
Jun
11

A Drug Test Challenge in Florida

The American Civil Liberties Union (ACLU) has filed a lawsuit in Florida in hope so stopping random drug testing of state employees. Gov. Rick Scott, a Republican issued an executive order, requiring the testing of new and existing employees. The workers do not have to be suspected of drug use.

Employees called the drug testing an invasion of privacy, since urine samples can detect other diseases and medications a person may be taking. A spokeswoman for Scott’s office said that drug testing was a part of having a healthy and safe workforce. No hearing date has been set.

What do you think? Is drug testing an invasion of privacy. Were you drug tested before you were hired?

01
Jun
11

Should I Incorporate?

Even if you are a one man or one woman business—yes, you should incorporate! No matter what kind of business you are in, setting up a corporation protects your personal assets. This is not as daunting as it sounds but you should have an attorney assist you in the process. You may miss many money-saving steps if you simply use a kit you purchase in an office supply store.

Here’s a breakdown of the process:

  1. Decide where you will file your articles of incorporation. Usually, this is the state where you conduct your business.
  2. Contact the Secretary of State’s Office for the paperwork needed. Make sure no one else is using your company name and claim your name.
  3. Decide if you want to be a private or public company that allows others to purchase stock. If you are a public company, you will need to have a board of directors/trustees and you need to set a price for your stock. Most small to medium sized businesses are private.
  4. Write your articles of incorporation. If these are not written by an attorney, ask an attorney to go over them to make sure they are legally sound.
  5. Set up dates for annual meetings. Even private companies need to have an annual meeting, even if it’s done while the proprietor is having coffee at the breakfast table.
  6. File the documents and pay the necessary fees with the Secretary of State.

If you don’t set up your corporation correctly, this could result in a huge monetary loss if you are sued. Plaintiffs know that many corporations are a shield. They may be able to get through that shield if they can prove you didn’t follow all the proper steps when incorporating.