Business Law Blog

Checklist Before Buying A Business

Posted by Amanda Butler Schley | Jun 09, 2024 | 0 Comments

Are you considering buying a business? This can be a strategic move that can help you bypass the challenges of starting from scratch. Buying an established business can offer a head start by skipping the initial setup phases, such as developing products and services, or attracting customers.

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7 Responses To A USPTO Final Office Action

Posted by Amanda Butler Schley | Jun 02, 2024 | 0 Comments

Facing a final office action from the United States Patent and Trademark Office (USPTO) can be a critical juncture for trademark applicants. Failure to respond effectively within the specified timeframe could result in the abandonment of the application, necessitating a restart of the entire process.

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Protection Against Dilution: Super Voting Stock

Posted by Amanda Butler Schley | May 06, 2024 | 0 Comments

Super voting stock, a strategic tool increasingly embraced by founders, offers a unique approach to maintaining control over their companies. With its distinct voting power structure, this specialized class of shares is gaining traction in the startup landscape. Delving into the intricacies of th...

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A Deep Dive into Lizzo’s Legal Battle

Posted by Amanda Butler Schley | May 01, 2024 | 0 Comments

Pop Your Biz with your host, Amanda Butler Schley, Episode 01 In this inaugural episode of Pop Your Biz, Amanda Butler Schley takes a deep dive into American singer and rapper Lizzo's current legal battle.  Tune in to the episode for these key takeaways: Lizzo's lawsuit from July of 2023 b...

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Dangers Of DIY Trademark Applications

Posted by Amanda Butler Schley | Apr 29, 2024 | 0 Comments

Embarking on a DIY trademark journey can be both exciting and daunting for business owners. From conducting comprehensive research to creating detailed drawings, the process requires meticulous attention to detail to ensure a successful application.

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What To Know About Terminating A Contract Of Employment

Posted by Amanda Butler Schley | Apr 24, 2024 | 0 Comments

Per the United States Government, employers in every state, except for Montana, may hire employees on an “at-will” basis, allowing hiring organizations to terminate staff members whenever they wish and for whatever reason, provided the rationale is not illegal. However, not all employees work on an at-will basis, and employers should generally approach employment contract terminations with care to avoid possible lawsuits.

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Understanding The USPTO Statement Of Use

Posted by Amanda Butler Schley | Apr 17, 2024 | 0 Comments

A Statement of Use (SOU) is exactly what it sounds like: a statement indicating that a business is using a particular trademark in commerce. Despite its apparent simplicity, however, the United States Patent and Trademark Office (USPTO ) Statement of Use requirement can prove complex for many Louisiana businesses upon closer examination.

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Posted by Megan Kelley | Feb 28, 2024 | 0 Comments

The blog post explains the legal requirements for playing music in businesses. Background music in public spaces like restaurants, spas, and stores must be properly licensed. Playing music from personal accounts or the radio without a commercial license is a copyright violation. Commercial licenses are issued by Performing Rights Organizations (PROs) such as ASCAP, BMI, and SESAC, for an annual fee. Businesses larger than 3,750 square feet that serve food or beverages, or over 2,000 square feet otherwise, must have a license. Exceptions include smaller establishments or those playing public domain classical music (pre-1922), or the radio with limited speakers. Live music is exempt if it's original; cover songs require a license. Failing to comply may lead to penalties ranging from $750 to $30,000 per infringed work, plus legal costs. Some business streaming subscriptions cover licensing fees. PROs actively check for unlicensed music use and can issue costly demand letters for violations. Compliance with the Fairness in Music Licensing Act of 1998 is crucial to avoid penalties. The Business Law Group offers assistance with legal compliance in various areas, including music licensing. SEO Title: Understanding Music Licensing Requirements for Businesses SEO Description: Learn about the legalities of playing music in your business, the requirements for a commercial music license, and how to avoid costly copyright infringement penalties with guidance from the Business Law Group. SEO Keywords: commercial music license, copyright law, Performing Rights Organizations, business compliance, public domain music, Fairness in Music Licensing Act, legal music streaming.

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Scaling Up Smartly: Navigating Employment Law for Growth-Stage Businesses

Posted by Amanda Butler Schley | Jan 29, 2024 | 0 Comments

This post serves as a comprehensive guide for growth-stage businesses on the essentials of employment law. It covers key aspects including hiring practices, wage and hour laws, workplace safety, employee benefits, and accommodations. The article emphasizes the importance of legal compliance for sustainable business growth, highlighting how understanding employment law is not just a legal necessity but also a strategic business imperative. It offers practical advice on creating a legally sound and ethically strong workforce, ensuring that as businesses expand, they do so with a foundation of legal excellence and a commitment to employee well-being.

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Urgent Compliance Alert: Navigating FinCEN's 2024 Reporting Mandates to Avoid Severe Penalties

Posted by Amanda Butler Schley | Jan 26, 2024 | 0 Comments

The new Beneficial Ownership Information Reporting requirements implemented by FinCEN, effective from January 1, 2024, mandate most corporations, LLCs, and similar entities in the U.S. to report detailed information about their beneficial owners. Entities established or registered before this date have until January 1, 2025, to file their initial reports, while those created or registered in 2024 must file within 90 days of formation or registration. The information required includes personal details of the beneficial owners, such as names, birth dates, addresses, and identification numbers. Entities must update their reports within 30 days of any relevant changes. Non-compliance can result in severe civil and criminal penalties. The regulations are a part of the broader effort to enhance transparency and prevent illicit financial activities. Specific exemptions exist, and entities are advised to consult with legal or financial experts to ensure compliance

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Mastering the Art of Structuring Multiple LLCs: Creating an Operating Entity and Holding Company

Posted by Amanda Butler Schley | Jan 25, 2024 | 0 Comments

This article offers a comprehensive guide on structuring multiple Limited Liability Companies (LLCs) to create an operating entity and holding company. Learn how to achieve legal protection, tax efficiency, and operational clarity while maintaining clear separation between entities. Follow the step-by-step process, consider legal and tax implications, and ensure compliance with expert advice for a successful business structure.

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Don’t Get Slammed Underpaying “Independent Contractors”

Posted by Megan Kelley | Jan 25, 2024 | 0 Comments

The article discusses the new rule under the Fair Labor Standards Act, effective March 2024, for determining if a worker is an independent contractor. It introduces the "economic realities test," which assesses factors like profit or loss opportunities, investments, work permanence, control degree, work's integral nature to the business, and the worker's skill. The article emphasizes the importance of correctly classifying workers to avoid legal issues and maintain work quality, particularly in industries like construction. It advises seeking professional guidance to navigate these regulations.

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Is Franchising Right for You? A Guide for Prospective Franchisees

Posted by Amanda Butler Schley | Jan 24, 2024 | 0 Comments

Considering buying a franchise? It's crucial to start with self-reflection to align your passion and commitment with the franchise industry. Extensive research is key, examining factors like initial costs, franchise history, and legal obligations. Consult with a franchise attorney to understand the contract's terms thoroughly. Financial readiness is paramount, requiring a detailed business plan. Assess the training and support provided by the franchisor, evaluate location options, and commit to active involvement for success. Additionally, consider your long-term plans and exit strategy. Buying a franchise can be a rewarding venture when approached with careful consideration and dedication to the chosen opportunity.

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Can My Food Truck Sell Alcohol?

Posted by Unknown | Apr 06, 2022 | 0 Comments

Do you have a food truck, or other mobile food concept and wish to sell alcohol? Louisiana regulations make it difficult to carve out this niche. But the Class A-General permit, and Class A-Restaurant permit can allow for temporary liquor sales from mobile vendors.

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Who We Are

Business Law Group is a boutique business services law firm in New Orleans, Louisiana. Our focus is on understanding the legal pitfalls of your business and industry, as well as the secrets to maximizing your legal leverage at every opportunity and in every negotiation. We work selectively with clients that aren't ready for the overhead expense of an in-house general counsel, but understand the advantages of having a trusted legal advisor on their team. Amanda Butler has been ranked as a Louisiana SuperLawyer, New Orleans Top Lawyer, Best Lawyers, and in Leaders of Law.