The Law (In Plain English)® for Small Business

ISBN: 9781572485990

By: Leonard DuBoff

Published: 03/01/2007

A concise guide that covers every legal topic concerning a small business owner.

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Starting a small business is easy. Doing it right is not. Every decision you make today directly impacts your future success. Careful planning is crucial for identifying your goals and creating a path to achievement. Understanding the many legal obligations as well as legal protections available to you is key. The Law (In Plain English)® for Small Business is your one-stop guide for making the right decision every time. It covers the topics that concern you the most and provides clear and accurate explanations of the laws affecting your small business. All the basic tools needed to begin operations are included such as— --Incorporating --Advertising --Taxes --Licenses --Trademarks --Insurance It also keeps an eye on the future by examining such unique issues as— --Franchising --Succession Planning --Multilevel Marketing --eBusiness Considerations No matter what stage your business is at, it is never too late to get on track. So, whether you are thinking about opening a small business, wanting to make sure that you do it right, or ready to expand to the next level—The Law (In Plain English)® for Small Business has everything you need!

About the Author

Leonard D. DuBoff Attorney at Law

Leonard D. DuBoff 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 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. In addition to teaching such courses as the Law and the Arts, 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. 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.


Table of Contents


Chapter 1: Organizing Your Business
- Sole Proprietorships
- Partnerships and Joint Ventures
- Limited Partnerships
- Corporations
- S Corporations
- Limited Liability Companies and Limited Liability Partnerships
- Hybrids

Chapter 2: Business Organization Checklist
- Accountant
- Business Name
- Business Structure

Chapter 3: Developing Your Business Plan
- Executive Summary
- History
- Products and Services
- The Market
- The Competition
- Source of Work
- Management
- Financial Data
- The Business Plan Team

Chapter 4: Borrowing from Banks
- Loan Proposal
- Business Outlook
- Application
- Lender’s Rules and Limitations
- Details of the Agreement
- Communication when Problems Arise
- Venture Capital

Chapter 5: Going Public
- Advantages of Going Public
- Disadvantages of Going Public
- Federal and State Securities Laws
- Initial Public Offering
- Privatization

Chapter 6: Contracts
- Contract Basics
- Types of Contracts
- Understanding Contract Principles
- Proving an Agreement
- Essentials to Put in Writing
- No-Cost Written Agreements
- Contracting Online
- Consumer Protection Laws

Chapter 7: Consignment -
- Advantages
- Disadvantages
- Special Laws for Artists

Chapter 8: Collections
- Point-of-Sale Payments
- Consignment
- Invoicing
- Ways of Encouraging Payment
- When Payment Never Comes
- Bankruptcies

Chapter 9: Expanding Your Market
- Franchising
- Multilevel Marketing

Chapter 10: Patents and Trade Secrets -
- Patents
- Trade Secrets

Chapter 11: Trademarks
- Definition
- Prohibited Trademarks
- Protecting a Trademark
- Confusingly Similar
- Federal Registration
- Applications Based on Actual Use
- Applications Based on Intent-to-Use
- Constructive Use
- Benefits of Registration
- Duration
- Supplemental Register
- Loss of Protection
- Infringement
- Antidilution
- International Protection
- State Registration
- Using an Attorney

Chapter 12: Copyrights -
- Copyright Law Foundation
- Copyrightable Material
- Scope of Protection
- Ownership
- Works Made for Hire
- Derivative Works
- Collective Works
- Copyright Protection for Utilitarian Objects
- Notice Requirement
- Application Process
- Period of Protection
- Infringement

Chapter 13: Advertising
- Government Regulation
- Comparative Advertising
- Publicity and Privacy
- Unauthorized Use of Trademark
- Trade Dress

Chapter 14: Licensing
- General Consideration
- Licensing Hazards
- Method of Payment
- Acknowledgment of Ownership
- Quality Control
- Signature

Chapter 15: The Internet
- Protecting Business Property
- Protecting Consumer Information
- Domain Names
- Internet Advertising
- Audits
- Copyright Concerns
- Server Protection
- Email
- Spam
- Viruses, Worms, and Traps
- Security for Online Commerce

Chapter 16: Warranties
- Express Warranties
- Implied Warranties
- Disclaimers
Magnuson-Moss Warranty Act
Using an Attorney

Chapter 17: Product LiabilityDefective Products
Types of Defects
Federal Laws
Product Liability
Liability Insurance

Chapter 18: Business InsuranceBasics of Insurance Law
Property Covered
When and How to Insure

Chapter 19: People Who Work for You -Independent Contractors
Employment Contracts
Other Considerations in Hiring
Hazards in the Workplace
Termination of Employment

Chapter 20: Keeping Taxes LowIncome Spreading
Spreading Income among Family Members
Family Corporations and Limited Liability Companies
Qualifying for Business Deductions
Deductions for the Use of a Home in Business
Other Professional Expenses
Travel Expenses
Entertainment Expenses
Charitable Deductions
Grants, Prizes, and Awards
Health Insurance

Chapter 21: Zoning
Local Zoning Restrictions
Federal Regulations
Telecommuting and Web-Based Businesses

Chapter 22: Renting Commercial Space
Security and Zoning
Written Document

Chapter 23: Pension PlansDefined Benefit Plans
Defined Contribution Plans
Designing and Documenting a Plan
Employer-Sponsored Plan
Investments in a Qualified Plan

Chapter 24: Estate Planning -
The Will
Payment of Testator’s Debts
Disposition of Property not Willed
Advantages to Having a Will
Estate Taxes
Distributing Property Outside the Will

Chapter 25: Finding a Lawyer and an Accountant
Finding a Lawyer
Finding an Accountant

Index -
About the Author -


“” - Small Business Opportunities


Format: Paperback

Length: 9 in
Width: 7 in
Weight: 22.23 oz
Page Count: 320 pages


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Sourcebooks Inc, Publishers - Book, Naperville, IL

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