Raising money is one of the formative parts in the life of a growing business. Whether a business needs start-up capital to get an operation formed and off the ground, operating money to scale up while it is pre-revenue, or an influx of cash to fund a major project or acquisition, many small and growing …
General legal help
Update: Federal Court Challenges to Federal Trade Commission Final Rule Banning Non-Competition Agreements
Earlier this year, we wrote a blog post about the Federal Trade Commission (“FTC”) issuing its Non-Compete Clause Rule (“Final Rule”) which is meant to prohibit non-competition agreements nationwide.[1] To recap, noncompetition agreements (“non-competes”) generally are provisions in contracts whereby an employee agrees not to enter into competition with an employer after their employment period …
The Wonderful World of Cooperatives, Part 2 – Types of Cooperatives
In the Part 1 blog post, we talked about the various definitions of cooperatives and the structural, operational and philosophical components of a cooperative business. This blog will talk about the different types of cooperatives, based on the needs of the members when the entity is formed. Cooperatives can be created that are tailor-made for …
Cooperatives and Limited Cooperative Associations: Their Differences and When to Use Them
Introduction Cooperatives are a unique business model, emphasizing democratic control, equitable distribution of benefits, and member participation. Within the cooperative world, two common structures are cooperative corporations (simply “cooperative(s)”) and limited cooperative associations (“LCA(s)”). While these two forms share fundamental principles, they contain key important differences in their legal frameworks and operational flexibility. This blog …
The Wonderful World of Cooperatives, Part 1 – What is a Cooperative?
This is the first part of a multi-part series on cooperatives: what they are, the many different kinds of coops, their possible legal structures, and much more. So stay tuned for future articles about the wonderful world of cooperatives. This first article will look at the “definition” of cooperatives and how that definition is affected …
Federal Trade Commission Issues Final Rule Banning Non-Competition Agreements
On April 23, 2024, the Federal Trade Commission (“FTC”) issued the Non-Compete Clause Rule (“Final Rule”) prohibiting non-competition agreements nationwide.[1] Noncompetition agreements (“non-competes”) generally are provisions in contracts whereby an employee agrees not to enter into competition with an employer after their employment period with that employer is over. While state statutes have targeted non-competes …
Compliance Spotlight for 501(c)(3) Nonprofits: Avoiding Private Benefit or Private Inurement Issues
It takes a lot of planning, thoughtfulness, and attention to technical detail to become a 501(c)(3) public charity[1]. These organizations have applied for and received tax-exempt status under Section 501(c)(3) of the Internal Revenue Code (the “I.R.C.”) which means they are eligible for exemption from paying federal corporate income tax and are typically also eligible …
ESOPs and Cooperatives: A Comparison of Two Options of Employee Ownership Models
This blog post will explore two different employee ownership models – ESOPs and Cooperatives. It will discuss the distinctive features, advantages, and challenges of each model, and will briefly compare the two. Our hope is to help readers better understand these two models, and when either might be a suitable ownership structure for an organization …
Department of Labor Issues New Final Rule (2024) to Clarify Employee vs. Independent Contractor Status under FLSA
We previously wrote on the U.S. Department of Labor (DOL)’s 2021 rule publication regarding classification of employees and independent contractors in the context of gig workers. The DOL has again published a new final rule clarifying the test for determining the status of a worker as an employee or an independent contractor. For any business …
CORPORATE TRANSPARENCY ACT It’s Time to Report Part 3: The FORM
This is Part 3 of a 3-Part series (Part 1: It’s Time to Get Prepared & Part 2: FAQs) of information we are sending to our small business clients regarding the Corporate Transparency Act (CTA) and its impact on millions of small businesses. The CTA was passed by Congress a couple of years ago and …
