Did you begin the new year with the goal of starting a new business in Virginia? If so, you’ll want to take all the necessary steps to get your business set up correctly. From deciding on the business structure to obtaining licenses and permits, there is some legwork involved. We’ll cover what you need to…READ MORE
Author: 02/24/2023
Over the last 20 years, limited liability companies have become the preferred way of doing business for many small and medium-size enterprises. That is primarily due to the fact that LLCs are easier to form than corporations. Unfortunately, that simplicity lulls many people into trying to do it themselves or working with forms provided online….READ MORE
Author: 02/22/2023
As online shopping continues to grow, consumers are relying more than ever on issuing payment for those transactions remotely. Despite the appeal and convenience, especially during a global pandemic, many transactions continue to be paid for with traditional checks, including cashier checks. The appeal of checks is due to the sense of security that the…READ MORE
Author: 10/16/2020
In a recent case, the Court of Appeals of Maryland dismissed the appeal of a Maryland limited liability company (“Company”) in a breach of contract action because the Company failed to file a personal property tax return. After September 30, of each year, the Comptroller of Maryland issues a proclamation with a list of every…READ MORE
Author: 09/27/2020
As our governments on the federal, state and local levels respond to the COVID-19 pandemic, the small businesses at the heart of the economy are quickly feeling the impact of each new restrictive measure designed to “flatten the curve.” Fortunately, new relief programs for small businesses are rolling out at every level of government. We…READ MORE
Author: 03/27/2020
Many employers routinely include mandatory arbitration agreements for resolving employment disputes with their employees. To the surprise of many employers, such clauses are often ruled invalid. To help assure that your agreement requiring arbitration of employment disputes is enforceable, be aware of the following factors: Consider using a separate, stand-alone agreement. Especially in the context of…READ MORE
Author: 11/01/2019
Are you thinking about offering your home as a short-term vacation rental? Next to driving for Uber, short-term vacation rentals are the latest craze in side-hustles. But before you clean out that extra bedroom and list your home on Airbnb or another online vacation rental website, you’d better make sure that you have the legal…READ MORE
Author: 10/31/2019
We often hear from frazzled business owners about routine contracts gone wrong. What seemed like a simple service agreement has gone south. They want their money back, or at least cut their losses, but when they call to cancel the contract, they learn they are stuck. All too often, what the service representative told them…READ MORE
Author: 05/23/2019
A recent case from the Circuit Court for Montgomery County, Maryland underscored the growing trend by courts across the country to limit the application of non-compete and non-solicitation agreements. These agreements, typically referred to as “restrictive covenants”, are integral to many employment agreements. Restrictive covenants in employment contracts serve as a means of assuring the…READ MORE
Author: 04/24/2018
A recent online search revealed approximately 227 available Airbnb®rooms, cottages, and homes for rent in the Bethesda, Chevy Chase, and Silver Spring areas of Montgomery County. In a county known for regulations and restrictions, you might be asking: Are Montgomery County’s residents allowed to operate their residential homes as short-term rentals? As of July 1,…READ MORE
Author: 11/24/2017
If you own a business, having a buy-sell agreement is a necessity. Without it, a closely-held or family-owned business is in jeopardy in the event of the owner’s death, disability, retirement, divorce or bankruptcy, or if a dispute arises among the owners. A buy-sell agreement is a legally-binding contract among the owners addressing the terms…READ MORE
Author: 05/31/2017
All of your employees are subject to an array of implied common law duties. This includes the “duty of loyalty” which requires an employee to serve his or her employer faithfully and refrain from knowingly or willfully acting to harm the business. It also requires the employee to refrain from conflicts of interest with the…READ MORE
Author: 04/26/2017
Far too often we see small business owners with a business model that has a critical defect: the lack of quality contracts. While Google and other websites can provide basic contract forms that appear useful, these forms have serious downsides. Typically they fail to include provisions that are specific to your business and may even…READ MORE
Author: 03/28/2017
Where to Start: Create A Valid Contract and Privacy Policy Savvy business owners know that a website for their business is a great tool for attracting potential customers or clients. But fewer are familiar with the legal risks of not having privacy policies and terms and conditions tailored to their audiences and business practices….READ MORE
Author: 04/11/2016
Some people are born obsessive organizers. Some are not. And while it’s not our job to tell you that your desk needs organizing or your wallet needs thinning out, our litigation department is awash in cases where parties lacked a solid system for pro-active record keeping. Sure, most of your dealings will conclude uneventfully, never…READ MORE
Author: 04/04/2016
A change in Maryland policy in 2016 may put you at risk of missing an important tax deadline. As you know, if you own a business in Maryland (whether it’s an LLC or a corporation) or your business is registered to conduct business in Maryland, you must file Personal Property Tax Returns each year with…READ MORE
Author: 03/17/2016
A family in Maryland recently learned the hard way a lesson about contracts that businesses can never afford to forget. If you sign a contract with terms you don’t understand, that’s no defense if the outcome isn’t what you expected. In this family’s case, it was their auto insurance policy (though we don’t often refer…READ MORE
Author: 07/06/2015
Does your business rely on information that you wouldn’t show to your competitors? If you don’t have a secure grasp on such trade secrets, you are at risk of losing these valuable assets with no way to recover them. The good news? You can easily protect a trade secret under Maryland and/or D.C. law, if…READ MORE
Author: 05/08/2015
You’re an entrepreneur. You’re deal-focused. You’ve got your eye on the prize, and you can’t be bothered with unnecessary details. You are driven by the desire to get things done. So when you establish a relationship with a partner, a supplier, an employee, or a client, it’s easy enough to imagine you can skim over…READ MORE
Author: 04/16/2015
Watch out. Some of our business clients are receiving official-looking documents that cite state laws about holding and documenting annual meetings. The pitch is for a service that will manufacture meeting minutes for $125, an unnecessary fee for a product of questionable value. Ignore this misleading mailing, but take it as a timely reminder. Like…READ MORE
Author: 02/12/2015
A nationwide scam is now hitting our area. The scammers are accessing publicly-available records to generate fraudulent mailings to businesses and property owners, suggesting that you need to pay fees and submit extra documents in order to complete your transaction. To confuse you, the mailings often use misleading company names, designed to sound like official…READ MORE
Author: 12/21/2014
So you meet the requirements to be a licensed home improvement contractor in Maryland. You work hard to develop business, satisfy your clients, and build a reputation. But do your written contracts comply with the long list of requirements set forth in the Maryland Home Improvement Act (“MHIA”)? If not, you might find yourself facing…READ MORE
Author: 12/21/2014
Starting a new business with one or more partners is exciting. You’re all full of ideas. The adrenaline keeps you awake at night. Of course, you know there are risks, but the negatives pale in the bright light of optimism. The last thing you want to think about – and one of the first things…READ MORE
Author: 11/21/2014
