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

Elliott Stapleton 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?

Elliott Stapleton 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?

Elliott Stapleton 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 …

Six Essential Agreements Your Business Needs to Protect Its Intellectual Property

Elliott Stapleton Confidentiality and Nondisclosure Agreement, Contracts

Whether you’re a start-up business or an existing business, protecting your intellectual property is vital.  Intellectual property includes your trade secrets, customer lists, recipes, inventions, and much more.  If your business is not using all of the six agreements described below, your intellectual property may be at risk of exposure or theft. (1) Non-Disclosure and Trade Secret Protection Agreements This …

Digital Millennium Copyright Act Safe Harbor Provisions

Elliott Stapleton 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

Elliott Stapleton 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 …

Ohio LLC Operating Agreement – Top Five Points You Need to Know

Elliott Stapleton Common Questions, Limited Liability Company-LLC

Forming an Ohio LLC with multiple owners is like a marriage. You will be contributing your time, effort, and resources to the partnership. You can protect this contribution and limit the likelihood of a messy “divorce” by creating a reasonable Operating Agreement that protects all of the owners. Here are the top five points that should be included in your …

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 …