The following summarizes cases and/or legal matters handled by the Seidell Law firm for the year 2015. This list in non-exhaustive and does not represent all legal matters handled by the firm.
- Represented and resolved multiple wrongful discharge cases on behalf of employees
- Represented and resolved multiple employment related matters on behalf of employers
- Resolved several unemployment fraud cases with favorable rulings to the employee
- Resolved several administrative individual licensing matters before state government agencies
- Drafted and/or reviewed multiple corporate employee handbooks, forms, policies and procedures
- Handled multiple buy/sell transactions on behalf of the seller or buyer
- Litigated and settled a breach of contract case between two companies involving failure to pay past due rent
- Drafted and reviewed business and employment contracts covering a wide range of industries
- Represented employees and employers on issues before the EEOC, MDCR and wage and hour
- Handled multiple federal trademark filings
There are many things to consider when starting a business in Michigan. Although the list below is non-exhaustive, these items, in addition to your business plan, pertain to areas covering the law, taxes and insurance. When working your business plan, you should also incorporate these items into your overall start-up costs.
- Business Entity Type: Commonly, there are multiple business types, including: sole proprietorship (e.g. dba), partnerships, limited liability company and corporations. From a legal perspective, lawyers generally avoid the use of a sole proprietorship and partnerships as they drastically increase your personal liability. In addition, there will be certain tax implications and requirements depending on the entity you form.
- Business Legal Documents: Many businesses that form either an LLC or corporation, especially when multiple owners are involved, will also need business related documents such as an operating agreement or bylaws, restrictive covenants, and a buy-sell agreement.
- Business Insurance: There are multiple types of insurances available for each business and certain businesses may require specific insurance as it relates to their specific industry. A thorough discussion with a property and casualty independent insurance agent is a must when starting a business.
- Business License and Regulations: Some types of businesses require a special license and/or require the owner to have a license (e.g doctor, lawyer, etc.). Further analysis should be conducted to determine what licenses you may need from a local, state and/or federal level before you conduct business. In addition, many types of businesses are regulated by local, state and federal laws and a thorough review of these laws should be conducted.
- Business Tax Registration. You will want to determine, based on your business, whether or not you need to file for business related taxes with the state, especially if your business has employees and/or sales or use taxes. A thorough discussion with your CPA should be conducted. They can also assist you in getting your federal tax ID number with the IRS.
- Businesses with Employees. If you plan on hiring employees you should consult with an employment attorney to discuss your legal requirements as an employer.
In closing, prior to starting any business you should consult with an experienced business attorney regarding any legal documents that are necessary, an experienced employment attorney if you plan on hiring employees, a CPA or accountant regarding tax matters and a property and casualty independent insurance agent for business related insurance. All three of these trusted advisors will be critical to your business success.