Small Business Legal Solutions Blog

Ben Comin lifestyle What’s a buy/sell agreement and why do I need one?
(02/15/2013)
A buy/sell agreement is a contract in which business owners agree how to handle various contingencies affecting the business. A buy/sell agreement typically addresses events that could cause disruption to the business or disputes between the owners. Buy/sell agreements are advisable for almost any business but especially for businesses with multiple owners...

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Ben Comin lifestyle Deadlock provisions in operating agreements
(01/28/2013)
When forming a new LLC and drafting an operating agreement to govern the entity, it is healthy and usually very enlightening to imagine how the operating agreement would handle a dispute between the managers or members of the LLC on a certain issue. At the time of startup, members and managers are often in a “honeymoon stage” and it is simply unimaginable to them that they would ever have a disagreement. Because of this, initial drafts of documents often fail to adequately address what the members will do in the event of a disagreement...

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Benjamin Comin Pitfalls to avoid in employment law
(01/09/2013)
I wrote a short time ago in a separate post about the law of “at-will” employment in Nevada. I wanted to follow this up with a brief discussion of some issues you should be aware of when terminating, demoting, or cutting the hours of an employee. There are laws, both state and federal, that protect individuals from receiving negative treatment based upon their race, ethnicity, sex, age, religion, or disability. While these laws serve good and noble purposes, they can also be a trap for unwary employers who take negative actions against employees of a protected class for legitimate reasons...

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seminar234 Seminar: The Affordable Care Act: Positioning your company to win
(12/22/2012)
Please join Hutchison & Steffen Attorney Ben Comin along with Troy Crowther, Porter Talbot, Kimberly Miles, and Donna DeMarco for a complimentary breakfast and seminar on January 23, 2013. Troy, Benjamin, Porter, and Kimberly have teamed up to present an overview of the Affordable Care Act...

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benjamimcominlifestyle.png Waiver of NRS 113.150 rights in residential real estate transactions
(11/29/2012)
In the past, it was a common practice in residential real estate transactions for the seller to ask the buyer to waive its right to receive the Seller’s Real Property Disclosure Statement (“SRPD”). The SRPD is a disclosure required to be made by the seller to the buyer of all known defects on the property. If after reviewing the SRPD the buyer wants to back out of the contract, it can do so without penalty. If a seller fails to disclose known defects in the SRPD, the buyer can later obtain an award of treble damages...

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Ben Comin headshot At-Will Employment in Nevada
(11/19/2012)
Business owners often worry about the ramifications of terminating an employee’s employment. The last thing they want is to invite a lawsuit. I’ve seen more than a few business owners who continue to employ people who aren’t performing satisfactorily in their job functions solely because the business owner was afraid of being sued by the employee. Sometimes there is reason for concern and the employer must be cautious about terminating an employee. Generally, however, Nevada law allows an employer to terminate an employee at any time, with or without notice or cause...

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silverflume Nevada’s New Business Portal (SilverFlume)
(11/05/2012)
I’m not sure where the Nevada Secretary of State’s office got the name “SilverFlume” but that’s what they are calling the new online portal that will eventually replace the existing Secretary of State business portal. You can check out the new portal at: https://www.nvsilverflume.gov. The portal is currently in beta testing but is supposed to be live sometime in the first quarter of 2013...

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benjamimcominlifestyle.png Does the Affordable Care Act apply to my business?
(11/01/2012)
I know some employers are holding their breath waiting to see what happens with the presidential election before figuring out whether they need to do anything about the Affordable Care Act (ACA). In my opinion, it may not matter who wins because even a Republican president may have difficulty unwinding the ACA completely, if at all. I think business owners are better served by looking ahead and preparing now...

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Ben Comin headshot “Free” contracts you found online could cost you a fortune
(10/15/2012)
It’s pretty common these days for clients to come to me with contracts or other documents they found online and ask me to review them and clean them up. I don’t have a problem with online legal form providers. I don’t feel threatened as an attorney by these websites. Legal form websites have their place. They can be useful for providing basic, low-cost services. Attorneys have their place too. They provide advice that is unique to your situation and draft documents that address your specific needs. They give you peace of mind knowing that your legal matter is handled right...

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1-benjamimcominlifestyle.png Do you need a non-disclosure agreement?
(10/09/2012)
Businesses succeed, in general, when they find ways to do things better, faster, or cheaper than their competition. Whatever it is that makes them better, faster, or cheaper is known as a competitive advantage. If a competitive advantage becomes widely known, it generally becomes less of an advantage because competitors begin copying the idea, process, product, etc. To avoid this, smart business owners often use a non-disclosure agreement to protect their confidential information...

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