Law (In Plain English)® for Restaurants and Others in the Food Industry

ISBN: E9781572485235

By: Christy KingLeonard DuBoff

Published: 02/01/2006

This title is designed as a down-to-earth guide to the critical legal information that every restaurateur, food industry businessperson, owner or manager of a hospitality business needs to know.

Available Formats

eBook PDF
What's this?

Read the PDF on your Sony Reader, Nook, Kobo, iPhone, iPod Touch, or iPad (through the free Bluefire Reader app); or Computer.

Adobe Digital Editions is required for downloading and viewing the eBook.

For more information see our articles on: Supported eBook Formats and How to Download an eBook.



Make Your Restaurant Thrive.

Cooking is your passion. Making a living with your cuisine is your dream. Organizing your restaurant is the key to your success.

The Law (In Plain English)® for Restaurants is your comprehensive guide to working in the food industry. It looks at the business of running a restaurant and clarifies the laws affecting your business. Learn all the essential details to become a success and gain valuable insight on issues unique to the restaurant industry, such as—
- Protecting Recipes
- Tax Rules for Tips
- Franchising
- Trademarks for Menus and Products
- Hiring and Firing
- Leases
- Advertising
- Insurance

Whether you are dreaming of opening a restaurant, wanting to ensure that your business is on track or ready to expand to the next level, The Law (In Plain English)® for Restaurants has everything you need!

About the Author

Leonard D. DuBoff Attorney at Law

Leonard D. DuBoff began his renowned career teaching law at Stanford Law School. He then taught as a Professor of Law at Lewis & Clark College in Portland, Oregon, for over twenty-three years. DuBoff served Of Counsel to three Portland area law firms before founding The DuBoff Law Group.

DuBoff is licensed to practice in both New York and Oregon, as well as admitted to over fifteen federal courts—including the United States Customs Court, the United States Court of International Trade, and the United States Supreme Court. His major practice areas include Art Law, Crafts law, International Law, Copyright and Trademark Law, and Business Law.

He is an art lover and enthusiast with over thirty years experience studying, teaching, writing, and breathing art and crafts law. Known as one of the leading authorities on Art Law, DuBoff’s works are frequently referenced by judges, lawyers, and anyone interested in knowing about the law in this field. He has served on numerous advisory boards and received several accolades for his work and devotion including the Oregon Governor’s Art Award.

DuBoff’s influence is immense. He is the author of over fifteen books directly related to art, crafts, galleries, photographers, and publishing, as well as countless articles on the subject. In addition to The Antique and Art Collector’s Legal Guide, DuBoff can be found as a frequent contributor to Art Trends Magazine, Communication Arts, Glass Craftsman, Picture Magazine, Woodshop News, and Critical Issues.

DuBoff shares his passion with his wife and three children. He currently lives in Portland, Oregon.

Christy O. King Attorney at Law

Christy O. King is an attorney in Portland, Oregon, where she practices with The DuBoff Law Group, LLC. She is coauthor of the Deskbook of Art Law and Art Law in a Nutshell, and editor-in-chief of the Critical Issues newsletter published by the DuBoff Law Group. She is the author of numerous articles in the field of intellectual property and art law, and has an active practice representing clients in intellectual property, business, and corporate law matters.


Table of Contents

Preface -
Foreword -
Introduction -

Chapter 1: Organizing Your Business -
Sole Proprietorships
Partnerships and Joint Ventures
Limited Partnerships
Unintended Partners
S Corporations
Limited Liability Companies
Precautions for Minority Owners

Chapter 2: Business Organization Checklist -
Business Name
Business Structure: Partnership
Business Structure: Corporations and LLCs

Chapter 3: The Business Plan -
Executive Summary
Nature of the Business
The Market
The Competition
Source of Supplies
Financial Data
The Business Plan Team

Chapter 4: Borrowing from Banks -
Starting Your Search
The Loan Proposal
Analyzing Your Business Potential
Options for Owners of New Businesses
Lender’s Rules and Limitations
Details of the Agreement
The Loan Application
Importance of Communication when Problems Arise

Chapter 5: Going Public -
Advantages of Going Public
Disadvantages of Going Public
The Initial Public Offering
Federal and State Securities Laws
The Attorney’s Role
The Accountant’s Role
The Banker’s Role
The Underwriter’s and Selling Agent’s Roles

Chapter 6: Contracts -
What Is a Contract?
Types of Contracts
Contracting Online

Chapter 7: Franchising -
What to Look For

Chapter 8: Patents and Trade Secrets -
Patent Protection
International Patents
Trade Secrets
Patent or Padlock Dilemma
Trade Secret Protection

Chapter 9: Trademarks -
The Need for a Recognizable Mark
Prohibited Trademarks
Protecting a Trademark
Federal Registration of a Trademark
Trademark Loss and Infringement
International Protection
State Registration
Using an Attorney

Chapter 10: Copyrights -
What Can Be Copyrighted
Scope of Protection
Ownership of Copyright
Works Made for Hire
Derivative Works
Collective Works
Copyright Protection for Utilitarian Objects
Notice Requirement
Filing an Application and Depositing the Work
Period of Protection
Fair Use

Chapter 11: Advertising -
Government Regulation
Comparative Advertising
Publicity and Privacy
Unauthorized Use of Trademark or Copyrighted Material
Geographic Locations
Trade Dress

Chapter 12: Commercial Opportunities and Activities -
Licensing Trademarks
Licensing Copyrights
Licensing Other Intellectual Property
Licensing Cautions

Chapter 13: The Internet -
Intellectual Property Protection
Domain Names
Internet Advertising
Other Intellectual Property Issues
Server Protection

Chapter 14: Warranties and Consumers -
Elements of an Express Warranty
Implied Warranties
Legal Advice Regarding Risks

Chapter 15: Product Liability -
History of Liability Law
Product Liability
Federal Laws
Think Before You Pour
Liability Insurance

Chapter 16: Business Insurance -
Expectations vs. Reality
Scheduling Property
When to Insure
Keeping the Cost Down

Chapter 17: People Who Work for You -
Independent Contractors
Employment Contracts
Other Considerations in Hiring
Hazards in the Workplace
Job Descriptions
Employee Handbooks
Zero Tolerance Policies
The Family and Medical Leave Act
Minimum Wage and Overtime
Termination of Employment

Chapter 18: Keeping Taxes Low -
Income Spreading
Taxes on Accumulated Earnings and Passive Investment Income
Qualifying for Business Deductions
Special Rules for Payroll Taxes on Tips
Deductions for the Use of a Home in Business
Other Professional Expenses
Travel Expenses
Entertainment Expenses
Expenses the IRS Scrutinizes
Charitable Deductions
Health Insurance

Chapter 19: Renting Commercial Space and Zoning Issues -
Who Pays for What?
Security and Zoning
Home-Based Operations

Chapter 20:Pension Plans -
Defined Benefit Plans
Designing and Documenting a Plan

Chapter 21: Estate Planning -
The Will
Disposition of Property Not Willed
Advantages to Having a Will
Estate Taxes
Distributing Property Outside the Will

Chapter 22: How to Find a Lawyer and an Accountant -
Finding a Lawyer
Finding an Accountant

Glossary -
Appendix: Restaurant Associations -
Index -
About the Authors


Format: eBook PDF

Length: 9 in
Width: 7 in
Weight: 0.00 oz
Page Count: 304 pages


1935 Brookdale Road | Suite 139
Naperville, IL 60563
(800) 432-7444 or 800-43Bright (toll-free)
(630) 961-3900 (phone)
(630) 961-2168 (fax)

Sourcebooks Inc, Publishers - Book, Naperville, IL

Sign Up for Our Newsletter

Subscribers receive exclusive deals and content every month!