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Estate planning implications when one child asks for business money

We spotlighted in a recent blog post some of the complexity that can attach when an adult child turns to parents for business funding, especially for an unproven entrepreneurial venture. We noted the “slippery slope” dimensions of that in our July 17 entry, especially for parents having a hard time being rigidly dispassionate about such an entreaty.

That blog effort touched upon some of the business aspects centrally important to any parent’s decision concerning money transfer to a child to fund a commercial dream. As noted therein, focus on a solid business plan is an imperative. So too is creation of a formal operating agreement that legally chronicles all key business matters. Seeking input from proven commercial law attorneys can materially help with business formation/selection, fashioning rules concerning voting rights, financial contributions and duties, and myriad other matters.

Anticipating an OSHA inspection? Here's why the agency shows up

More than likely, you do what you can to protect your employees from the hazards of their jobs. Even so, you may not be able to completely eliminate the potential for injuries. Whether a current incident brings the Occupational Safety and Health Administration to your Ohio location or the agency scheduled an inspection, you may soon find yourself entertaining Compliance Safety and Health Officers from OSHA.

Even if you believe you keep your company in compliance with all relevant OSHA regulations and rules, the administration may not see it that way since they only conduct inspections when they believe violations exist. This may mean that someone filed a complaint that put you on OSHA's radar, but not always.

When junior seeks parental funds to help launch a business

If, as noted in a recent business-themed article, a select investment “is going to be concentrated, illiquid and with high risk of total loss,” would you make it as the person being asked to pull the trigger?

Many proven business principals wouldn’t.

One woe to the next: automaker now facing age discrimination claim

You’ve heard of Watergate, of course, and are likely familiar with other public matters grounded in scandal that are coined with terms ending in a “gate” suffix.

How about Dieselgate?

Workplace disputes: reaching out to proven employment law attorneys

A recent article written for a business publication spotlights a workplace hypothetical featuring a proactive and hands-on company manager acting quickly in the wake of an on-the-job injury or dispute between employees. That fictional company principal (certainly common enough in the real commercial world) acts with dispatch to assemble all involved parties in a group meeting to discuss just what happened and to chronicle their views on the incident.

Good or bad idea?

Balancing of interests: focus on noncompete agreements

You can bet there’s a close – and sometimes contested --- balancing of interests going on in any legal matter involving the judicial evaluation of a noncompete agreement.

Indeed, such a balancing is at the core of what a noncompete is all about. We note on our website at the established Dayton business law firm of Gottschlich & Portune that soundly drafted noncompetes work hard at “protecting the company’s mission-critical information and processes, while respecting the rights of employees.”

Do I need an attorney after my accident?

If you have recently suffered injuries in an accident, you may already feel like you have enough people with whom to deal. Doctors, surgeons, specialists, insurance agents and police have been asking you questions for days, weeks or longer. You may feel you do not really need to add one more person to the list in the form of a personal injury attorney.

What you may not realize is that having a legal representative may actually relieve you of the burden of answering many of those confusing questions. Personal injury attorneys have critical experience dealing with the aftermath of an accident. Not only will an attorney assist you in obtaining a fair settlement from the insurance company, but he or she can also allow you to focus on your recovery while gathering the documentation necessary for a potential civil claim.

Federal law targeting small businesses comes with a learning curve

The Ohio business universe is impressively diverse. The state’s commercial climate is centrally marked by a healthy mixture of enterprises that range widely in type and size.

Like other states, Ohio is home to a large and ever-growing number of small businesses run by smart entrepreneurs. Reportedly, there are 40 million-plus so-called “independent” workers across the country, with the Buckeye State having more than its fair share. Those individuals are true freelancers, owning their own businesses as sole proprietors, independent contractors or self-incorporated entities.

SCOTUS: Arbitration nixes class action in employment cases

Arbitration clauses in consumer agreements (read credit card and various retail-related contracts, for example) have been common for years. Companies strongly favor them for their ability to drive disputes to a private venue and keep them out of courts. Arbitration is generally perceived by business principals to be cheaper and quicker than formal litigation, as well as a more predictable process.

And then there’s this: The U.S. Supreme Court has ruled that customers bound by an arbitration-only dispute-resolution clause must go it alone. That is, they cannot collectively band to pursue a common grievance.

What exactly do Macy’s short-term sales figures signify?

We note a simple and oft-demonstrated truism on our business law website at Gottschlich & Portune in Dayton when we state that, “The commercial marketplace is continually changing.”

Truly, it is, with starkly bracing challenges and opportunities facing American business principals  who compete in a most competitive environment. We stress on our site the imperative for entrepreneurs and established managers to stay abreast of “commercial and legal trends and their interplay.”

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