201606.01
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What Does the Defend Trade Secrets Act (DTSA) Mean for Employers and Businesses?

On May 11, 2016, the Defend Trade Secrets Act of 2016 (the “DTSA”) was signed into law.  Although the DTSA provides greater protection for trade secrets under federal law, it also will require employers to change their confidentiality agreements with employees and contractors in order for your company to avail itself of all the remedies…

201003.28
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Negotiating the Terms of the Deal — Buying or Selling an LLC or Small Business In New York

After you have found your target New York business to acquire, you (and/or your corporate attorney) have to negotiate the terms of the business purchase transaction.  In this article I will outline some of the typical terms of a term sheet for the purchase of a small business and some of the things you need…

201003.24
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How Do I Determine Whether my New York Business has Employees or Independent Contractors?

It is critical that you, the business owner, perhaps with the help of your corporate attorney, correctly determine whether the individuals providing services are employees or independent contractors.  For the most part, the employer must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an…

201003.10
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Do You Need an Operating Agreement for Your Small Business LLC? Here is my LLC Operating Agreement Checklist.

As you may know, a “corporate kit” includes a pre-made form of limited liability company operating agreement.  There is no telling how complete these are and whether or not they were prepared by a corporate attorney.  Certainly an off-the-shelf operating agreement is not customized for your needs.  I recommend having a New York Small Business…