Legal Services – Page 10 – AmeriLawyer – Incorporate, Trademark & Asset Protection

Are Written Contracts Enforceable

April 15, 2015 Spiegel & Utrera, P.A.

In large part, the terms of a written agreement between parties are the sole item considered when interpreting the items of an agreement upon a dispute between parties. The “parole evidence rule” is a common law principle which bars factors outside a written agreement to contradict the terms of a written contract except in cases of fraud, illegality, duress, or in some cases mistakes and ambiguity the written agreement. Oral promises made before or when a written agreement are entered that contradict a written agreement, cannot be considered when a dispute arises under common law principles.

However, a recent court decision has changed this basic rule when it reversed long-standing precedent by holding that evidence of broken oral promises that contradict the express terms of a written contract are no longer barred by the parole evidence rule.

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Pay Less Income Taxes On Your Stock

April 10, 2015 Spiegel & Utrera, P.A.

If you are a founder of a brand new company pursuant to a multi-year vesting agreement, or are an employee with stock options, then you may want to consider taking the IRS Section 83(b) election. Under both scenarios, taxes, including federal, Social Security, Medicare, and any other state or local taxes, must be paid on the vesting date of the stock.

The main advantage of the 83(b) election is that you will be taxed on the value of the stock at the date the stock was granted to you rather than on the date the stock vests, when the stock price has likely increased in value. Thus, the 83(b) election mitigates the tax burden for the difference between the stock price on the grant date and the vesting date. For example, if the stock on the grant date has a value to $1,000, a stockholder who files an 83(b) election will receive tax treatment on the value at $1.00 instead of paying tax on the vesting value of $1,000. Without taking the election, the stockholder will pay taxes on the vesting value of $1,000.

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Email: info@Amerilawyer.com

Protect Your Brand With A Trademark Registration

April 8, 2015 Spiegel & Utrera, P.A.

The use of the brand name of your product or service in the marketplace will establish trademark rights for the owner, but a recent Court decision underscores the value of filing a Federal trademark. Because the brand owner did not file a trademark, their competitor was not only allowed to keep the trademark but also limit the use by the original owner!

Filing for your trademark as soon as possible will prevent this and others from filing for their own trademark using your brand name, saving you from expense of litigation in the future and creating an asset for your business. Filing for your trademark also allows you to use the symbol and your right to recover enhanced damages for infringement. Each of these will help deter competitors, cybersquatters, or others from infringing on your brand.

The law firm of Spiegel & Utrera, P.A. will provide you with professional and quality service toward the processing of your Trademark, Copyright or Trade Dress order. Below we’ve provided links for Trademark, Trade Dress, and Copyright information. We hope to answer all your questions. It is possible that there might be some unanswered questions even after you look through our material. Never hesitate to give us a call. Of course if you know all that there is to know about Trademark registrations, Trademark searches, Common Law searches, Trade Dress, Copyright, et cetera then you may proceed to the online secure order forms. Spiegel & Utrera, P.A. will deliver the professional service and affordable prices that all our clients have come to expect from us!

http://www.amerilawyer.com/trademark/

Phone: (800) 603-3900
Email: info@Amerilawyer.com

Avoid Being Unintentionally Bound When Making A Deal

April 6, 2015 Spiegel & Utrera, P.A.

When two business want to begin a joint venture, they will often start with a Letter of Intent. One important aspect of the Letter of Intent is having a clear statement to not be bound until the Joint Venture Agreement has been signed by both parties. Courts have held conduct by the parties involved and oral communications as the basis for an agreement even when a written agreement has not been signed. And so, without an express statement of non-biding intent, preliminary collaborations and even off-hand utterances may undermine your goal of being bound only by the Joint Venture Agreement.

With the high costs of litigation, don’t resolve the unintended consequences of a mishandled negotiation with another business; have your intentions clearly stated in a well-drafted Letter of Intent.

Visit our website today to make sure your interests are protected before beginning a joint venture.

AmeriLawyer Has Served Over 265,000 Clients

March 5, 2015 Spiegel & Utrera, P.A.

Spiegel & Utrera, P.A. has been in business for 20 years because of it’s professional service and value pricing and has over 265,000 satisfied clients. Our lawyers are qualified and highly experienced in Forming Corporations, Limited Liability Company and Sub Chapter S Corporations.

If you have any questions about our service and what we can do for you, don’t hesitate to call us at 800-603-3900, fax us at (305) 857-3700 or send a letter to P.O. Box 450605, Miami, FL 3324

Our prices are the lowest in the industry and we guarantee a top rated service. Make sure to visit our website today for more details!

www.AmeriLawyer.com

Browse our client testimonials for your Amerilawyer Reviews!

Georgia Annual Registration

March 4, 2015 Spiegel & Utrera, P.A.

We would like to bring to your attention that Corporations and LLC’s registered or filed with the State of Georgia is required to file an annual registration. Annual registrations are due by April 1st of each year and may be filed as early as January 1st. Entities that do not timely file annual registrations, together with all required fees, may be subject to administrative dissolution or revocation of their authorization to transact business in the state of Georgia.

An entity that is administratively dissolved may reinstate by filing an application for reinstatement along with a $100 filing fee and any unpaid annual registration fees. However, if another entity has filed under that corporation’s name during the period of administrative dissolution, a new name must be selected.

Avoid reinstatement fees and possibly losing your company name. Submit your Corporation or LLC HERE so that we can assist you with the required Georgia Annual Registration. Spiegel & Utrera, P.A. normally will contact you within 4 business hours to assist you with your annual registration.

The maintenance of your Corporation or LLC records are important and required by law. Filing your annual registration, preparing the notice and minutes of your annual meeting and maintaining your registered agent status is an easy way to maintain your corporate records, your corporate veil and to protect yourself from personal liability.

If your corporation is no longer doing business, please take the necessary steps to dissolve your Corporation, LLC or Partnership. By dissolving your entity properly, your entity will not be subject to identity theft or some one high jacking the entity, you will also no longer be responsible for state annual fees and state and federal taxes for your entity.

Visit our website for more information and to make sure your interests are protected!

Email: info@Amerilawyer.com

Types of Power of Attorney

February 25, 2015 Spiegel & Utrera, P.A.

Power of Attorney is a written document in which one person, the principal, appoints another person or people, the agent or attorney-in-fact, to legally act on his or her behalf. Most POA’s are “durable”, which means they remain active after you become incapacitated. All POA’s are revocable at any time, unless stated otherwise. All expire upon your death. Power of Attorney requirements vary by state.

Limited Power of Attorney. Someone acts for you in specific situations. You can limit the time frame or scope of that responsibility, say, signing documents while you are out of the country or only trading stocks. This type of POA expires when the stated event occurs, you revoke it, or when you die. You can’t grant power of attorney for certain matters, including to create or make a will, to serve jail time or to vote.
General Power of Attorney. This grants broad authority to your agent. If you draft it to be durable, or if your state presumes it to be durable, it continues even after doctors deem you to be mentally incapacitated. It usually relates to financial matters. Your agent can sign transactions for you and make decisions about your affairs, including those related to banking and investing; managing, buying and selling property; filing income taxes; giving monetary gifts; changing your living situation; and hiring people to care for you.

That POA is intended to be used only if you no longer want to manage your affairs or can no longer do so. You might feel safer drafting your POA to trigger, or spring, your incapacity, but your agent is more likely to get cooperation from banks and brokerages if it’s drafted to be made effective immediately.

Health Care Power of Attorney. Some states permit you to grant a power of attorney for medical decisions on your behalf. Others instead allow you to designate an agent or “health care proxy” for that purpose.

Our goal is to provide each of our clients with as much information as possible about types of Power of Attorney. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you. If your affairs are complicated or if you are unsure, a consultation with Spiegel & Utrera, P.A. is recommended. We have taken the time to develop easy to understand kits which enable you to obtain these important legal documents for a fraction of what a visit to a lawyer’s office would cost for the same services.

Click HERE for more information and to make sure your interests are protected.

Protect Your Business With An Employment Agreement

February 19, 2015 Spiegel & Utrera, P.A.

A recent state court decision continues to allow employers to include a waiver of class action lawsuits by employees within the employment arbitration agreement. The court reaffirmed the idea that class action lawsuits are procedural, the purpose being to ease the burden on the court when a large groups seeks to sue another party, and not a substantive right, such as life and liberty as protected by the Constitution.

The court also rejected the idea that this waiver violates employee rights to engage in collective bargaining. In whole, the court’s decision makes for greater enforceability of arbitration clauses within employment agreement between your business and your employees and greater protection for the investment you have made into your business through the protection of an employment agreement.

Allow Spiegel & Utrera, P.A. to prepare an Employment Agreement that will help you protect your business. Visit our website today for more information and to make sure your interests are protected.

Make Sure Online Customers Are Safe

February 17, 2015 Spiegel & Utrera, P.A.

Small businesses are more vulnerable to attack; sell your customers on the idea that your site is safe.

Getting a secure badge is one way to reassure newcomers that your website is “trusted.” For example, a seal from McAfee Secure or Google Trusted Store will show that your site meets certain safety criteria. Also, let your clients know about ongoing measures you are taking to improve security such as training staff to guard against vulnerabilities.

Looking polished will give your customers a broader sense of security. The key to having a professional website is a proper privacy in place. The goal of a privacy policy is to disclose all the ways your website will respect the dignity of the user’s privacy. It will also maintain a high level of community trust.

To better understand how your website will benefit from a privacy policy visit Amerilawyer.com for more information and to make sure your interests are protected.

“Understanding Your Business Is Our Business”

The Home Office Deduction

February 13, 2015 Spiegel & Utrera, P.A.

Avoiding unnecessary tax liability involves understanding many of the business-related deductions the IRS offers entrepreneurs. If you run your business from your home, you may be entitled to a home office deduction on the square footage of your home being used exclusively for your business. The

“exclusivity” test is taken very seriously by IRS auditors. The section of your home that you claim is used for business must be partitioned in some way and personal-use either by you or other members of your family must be nominal (according to IRS, allowing your son to do his homework in your home office is enough to disqualify the deduction).

The second requirement is that the home office must be used as a principal place of business. The office must be used regularly (and exclusively for business) or it must be an area that is used primarily for meeting with clients. This does not mean, however that if you use an outside office from time-to-time you are disqualified from the home office deduction. So long as the office is used to complete substantial administrative or managerial tasks for the business, the second requirement will be met.

The ultimate payoff is that a number of direct and indirect expenses that would otherwise be personal, nondeductible expenses can be converted to business write-offs and consequently lower your overall tax bill (this includes the cost of phones or internet service, the cost of repairing the office, a certain percentage of utilities, insurance, taxes and much more). A well-drafted Home Office Lease between your corporation or LLC and yourself would be a great place to start.

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