Category: Starting a business

Can a liquor or wine store licensee sell wine out of state or over the internet?

Can a liquor or wine store licensee sell wine out of state or over the internet?

We are often asked about the limitations of internet-based retail sales of alcohol.  Straight from the New York State Liquor Authority, the answers are as follows: (a) A liquor or wine store may sell and ship alcoholic beverages to a customer in another state as long as that state allows the licensee to make such sales […]

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Getting a Liquor License in NYC for a Restaurant Requires Community Board Approval

Getting a Liquor License in NYC for a Restaurant Requires Community Board Approval

Getting a liquor license in NYC for a restaurant requires working cooperatively with the relevant community board. Each borough in New York City (Staten Island, Manhattan, Bronx, Queens, Brooklyn) has several community boards that play important advisory roles in dealing with land use, zoning matters, the City budget, municipal service delivery, public safety, liquor licensing, […]

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Starting a Business? Preparing a Business Plan is Essential For Success

Starting a Business? Preparing a Business Plan is Essential For Success

It is very common for me to speak with business people who started their businesses without creating a business plan.  This is easy to understand because creating a thorough business plan that covers all of the essential topics is time-consuming. It is also frightening because it forces the prospective business owner to face issues related to starting […]

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How to Start a Business with a Partner

How to Start a Business with a Partner

It is impossible to overstate how carefully one must approach starting a business with a business partner.  First and foremost, there must be open and honest communication about each person’s vision for the business, goals and exit strategy, roles, abilities and limitations, and there must be appropriate documentation prepared setting out what the business relationship […]

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Determining Whether You Must Pay Your Interns

Determining Whether You Must Pay Your Interns

Internships can be mutually beneficial, but not all internships may be unpaid, contrary to what it seems many believe. Set out below is guidance from the US Department of Labor on the issue: Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act This fact sheet provides general information to help determine whether interns must […]

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Limited Liability Protection of NY LLCs Limited

Limited Liability Protection of NY LLCs Limited

On December 29, 2014, Assembly Bill 8106-C / Senate Bill 5885-B became the law in New York. In part, the new law makes the ten LLC members with the largest ownership interests in the LLC personally liable, jointly and severally, “for all debts, wages or salaries due and owing to any of [the LLC’s] * […]

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Your Initial Legal Obligations As A New Employer In New York

Your Initial Legal Obligations As A New Employer In New York

When hiring employees, businesses must comply with numerous filing, reporting and insurance requirements. In addition to federal requirements, New York requires businesses to report various types of information about their employees.  The New York State Department of Taxation and Finance has prepared a comprehensive guide to hiring employees in New York, which can be found here. […]

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Things Entrepreneurs Never Should Say

Things Entrepreneurs Never Should Say

We regularly advise entrepreneurs about how to start out properly and how to deal with particular issues that are likely to arise, and this piece by small business expert Rhonda Abrams could not have said some things better. Below are seven things that she says entrepreneurs should never say, and we agree: I have come […]

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Do Not Expect an Internet Operating Agreement To Do The Trick

Do Not Expect an Internet Operating Agreement To Do The Trick

I come across this issue so often, I have decided that I am going to write about it often with the hope that I can assist some people with avoiding a potentially critical early stage mistake. Oftentimes when I have a discussion with someone who had a bad partnership agreement (this is just a general reference […]

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The Importance of Well Drafted Employment Agreements

The Importance of Well Drafted Employment Agreements

Not every business is of the type that requires contracts with employees, particularly businesses that have high employee turnover, but, otherwise, most business owners should seriously consider whether to enter into employment agreements with their employees.  Some of the reasons for doing so are to clearly define the employee’s job and your expectations; clearly set out compensation; […]

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The Importance of Non-compete and Non-solicitation Provisions in Your Employment Agreements

The Importance of Non-compete and Non-solicitation Provisions in Your Employment Agreements

If you are going to have your employees sign employment agreements, then you should assess whether to ensure that those agreements include non-compete and non-solicitation provisions. A non-compete provision prohibits the employee from entering into a business that is competitive with yours for some period of time after the termination of their employment with your […]

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Why Well Drafted Partnership Documents Matter: Court Holds that Funds Paid to LLC By Members After Initial Capital Contributions are Loans by Default

Why Well Drafted Partnership Documents Matter:  Court Holds that Funds Paid to LLC By Members After Initial Capital Contributions are Loans by Default

The following illustrates why well drafted operating, partnership, or shareholder agreements among business partners (the type of agreement is related to the type of entity) are essential.  And it is substantially more cost effective to pay a professional to properly draft these documents up front as opposed to litigating the matter later. As the New […]

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7 Steps to Starting Your Own Business

7 Steps to Starting Your Own Business

We’ve compiled a detailed list of steps for forming a business in New York, which you can find here, but this article is more broadly applicable and sets out a great roadmap: People are always asking for a list of fundamentals, a checklist they can use to start their own businesses. From your business type […]

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