Savannah attorney David Burkoff presents a legal checklist for new business owners and managers, as well as for leaders of more established businesses ready to move their organizations forward to even greater success. The presentation gives an overview of agreements that every business owner should have or consider putting into place, including shareholder and operating agreements, supplier and other third-party agreements, and employment agreements. The presentation discusses the benefits of and distinctions between types of business entities as well as antitrust considerations and protecting sensitive company information. Even the best-run companies may face litigation, and the program will briefly cover what to do when disputes arise, and how to best guard against liability in the first place. Dave Burkoff is a litigator with broad experience helping businesses anticipate, litigate, and resolve disputes. This presentation was part of "Answers Over Easy", a series of legal breakfast-and-learns held in partnership with the Savannah Small Business Development Center (SBDC).

1. SAVANNAH tel 912.236.0261
BRUNSWICK tel 912.262.5996
H U N T E R M A C L E A N . C O M
Legal Checklist for
Success as You Grow
Your Business
January 14, 2015

2. Your Checklist
• Evaluate Your Business Structure
• Evaluate Your Workforce Relationships
• Evaluate Your Arrangements with
Vendors, Suppliers, Customers,
Competitors and other 3rd Parties
• Know What to Do When Disputes Arise

3. Evaluate Your
Business Structure

5. Types of Entities
• Sole Proprietorship
• Corporation
• “Close” Corporations
• “C” vs. “S” Corporation
• Partnership
• General
• Limited
• Limited Liability Company (LLC)

7. “Piercing the Corporate Veil”
• Unlimited
• Sole Proprietorships
• General Partnerships
• Limited
• Corporations
• LLCs
• Limited partners
• Exceptions
• Alter Ego
• Undercapitalization
• Failure to follow corporate formalities

8. Evaluate Your
Workforce
Relationships

9. Employer Liability – Growing All the Time
TITLE VII, ADA, ADEA, GINA, FMLA, FLSA …..

10. Documents Matter
• Applications
• I-9
• Policy Manuals/Handbooks
• Job Descriptions
• Separation Forms

11. Employment Agreements
• Exception to “at will” rule
• Restrictive Covenants
• Confidential Information
• Non-Solicitation
• Non-Recruitment
• Non-Competition

12. Evaluate Your
Third Party
Relationships

13. “We’ve decided that it will be better for his later development
if we speak to him only in legalese.”

14. Contracts
• Forum selection/arbitration
• Dispute escalation
• Choice of law
• Indemnification
• Damages, remedies limitations
• Attorneys’ fees, injunctive relief provisions

15. Antitrust Considerations

16. Other Limits on Competition
• Tortious
Interference
• Defamation

17. Know What To Do
When Disputes Arise

18. When Disputes Arise
• Don’t panic
• Think about documentation
• Bear in mind dispute provisions
• Consider statutes of limitation

19. Dispute Process
• Litigation
• Arbitration
• Mediation
• Employee Disputes

20. Your Checklist

21. Your Checklist
• Evaluate Your Business Structure
• Evaluate Your Workforce Relationships
• Evaluate Your Arrangements with
Vendors, Suppliers, Customers,
Competitors and other 3rd Parties
• Know What to Do When Disputes Arise