What do I do if Another Business is Using My Business’s Name?

CMRS Law Trademark

No company wants to lose business to a competitor using a name similar to its own.  Such a use can cause confusion among your customers and wrongfully associate your business with an inferior product.  What should you do when this happens and how do you prevent it from happening? When Another Business is Using Your Name The first thing you …

What is the Family Medical Leave Act?

CMRS Law Employment Law, Government Compliance

The Family Medical Leave Act (FMLA) was enacted by Congress in 1993 and gives eligible employees the right to take unpaid leave, under certain circumstances, without retaliation from the employer.  Under the FMLA, eligible employers are required to give eligible employees up to 12 weeks of protected, unpaid leave for (1) the birth and care of eligible employee’s child or …

Is Your Criminal Background Check Policy Violating Title VII of the Civil Rights Act?

CMRS Law Employment Law

Criminal background checks for employment purposes are commonplace.  But recent literature from the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing employment discrimination laws, has suggested that certain criminal background check policies may violate Title VII of the Civil Rights Act of 1964 due to the varying rates of criminal activity among different minority groups. Title VII …

Digital Millennium Copyright Act Safe Harbor Provisions

CMRS Law Copyright, Internet Law

If you operate a website that allows users to post or generate content, you may be liable for contributory copyright infringement.  With statutory damages between $750 and $30,000 per work, or actual damages, available to aggrieved parties, liability for infringement can easily run into the millions of dollars.  Luckily for online service providers, the Digital Millennium Copyright Act of 1998 …

Complying with OSHA: Basic Requirements

CMRS Law Employment Law

The Occupation Safety and Health Administration (OSHA), created in 1970, is a federal agency designed to assure safe and healthful conditions for workers through the implementation of various safety regulations, procedures, and enforcement mechanisms.  All private workers are covered by OSHA. In general, OSHA requires that employers keep their workplace free of serious recognized hazards.  More specifically, OSHA requires employers …

Basic Taxation of an Ohio LLC and Corporation

Elliott Stapleton Limited Liability Company-LLC

An LLC  can be a pass-through entity for federal income tax purposes. A pass-through entity means that taxes are only paid once at the member level. There is no federal taxation at the LLC level; thus the “pass-through” tax effect. The members report the profits and losses on their individual tax returns. When there is more than one member this …

How is an Ohio Corporation created?

Elliott Stapleton Corporation

To create a corporation in Ohio, Articles of Incorporation must be filed with the Secretary of State.  But that filing alone does not create a business with limited liability. To be legally sound, the corporation must make all of the necessary tax elections, receiving any necessary federal, state, or local authorization, contributing assets to the corporation in exchange for stock, …

What is an Ohio Corporation?

Elliott Stapleton Corporation

A corporation may be formed for any profit business or a nonprofit/social organization. Individuals who own shares in a corporation are called shareholders. A corporation can take two forms, depending on your tax election: 1) C-corporation or 2) S-corporation. To qualify as an S corporation, the corporation’s shares must be limited in number and must be held by resident citizens …

Form an Ohio LLC, Corporation or Partnership; which is best?

Elliott Stapleton Common Questions

The first step in forming an Ohio business is deciding what legal entity to use. Generally, business entities include: corporations, limited liability companies, partnerships and sole proprietorships. Which entity is best? Sole proprietorships and partnerships are the easiest to form, but are almost never recommended. Except in isolated circumstances, these entities offer no personal liability protection. Without personal liability protections, …

Why is it important to incorporate your Ohio business?

Elliott Stapleton Corporation

The purpose of a limited liability company (also known as an LLC) or corporation (also known as an S-corp or C-corp) is to limit your personal risk. With a properly formed LLC or corporation, you can protect your personal assets from creditors of the business. Without a properly formed entity, your personal assets are at risk to every liability of …