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      • Other Business Law Services
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8/25/2020

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Non-Profit Advocacy, Part 2: Using a Related Entity to Engage in Lobbying

 
Previously, we looked at the difference between issue advocacy (which is permissible for non-profit organizations) and lobbying (which becomes problematic for a 501(c)(3) if it is “substantial”). So what is your non-profit organization to do if it decides that the best way to advance the mission is to influence legislation? This is where other types of tax-exempt status come into play.
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8/18/2020

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Essential HR Policies: What’s in your employment files?

 
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This week, we continue our series on Essential HR Policies by taking a closer look at what should be in your employment files.

Common Record-Keeping Mistakes

Most of our clients run their business or non-profit because they are pursuing a passion, not because they enjoy record-keeping. But failing to keep thorough and accurate payroll records makes it impossible for you to complete timely and accurate tax filings (including issuing W-9s or 1099s at the beginning of the year) which can expose you to penalties and late fees. And the lack of records means you can’t defend your organization from claims of unpaid wages, salary, or overtime.

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8/11/2020

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Licensing Agreements: Profiting From Your Valuable Intellectual Property

 
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​A licensing agreement is a contract in which you, the licensor, gives someone else, the licensee, permission to do something that they otherwise would not have the right to do. There are many situations in which a small business might use a licensing agreement:
  • If your business is only reaching customers in a particular region, you might enter into a licensing agreement with another business to sell your products or services in a different region. 
  • If your business develops software, you are typically giving end users permission to use the software in a particular way, but you are not selling the underlying code that makes up the software. (This is also true of businesses that operate under a software as a service or SaaS business model.)
  • If you create content for others, you have to decide whether you are giving up all of your rights in that content, or simply giving your client permission to use that content (in which case, you retain the right to re-use that content with another client).
  • If your business has a proprietary process or patent rights in a particular technology, you might monetize that confidential information by giving another business the right to use that confidential information.
  • If you franchise your business or offer a business opportunity, you are licensing your brand for someone else to use.
​While licensing agreements need to be customized to fit your particular business situation, there are some common terms that most licensing agreements should address.

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8/4/2020

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Stop Doing Business On Just a Handshake

 
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​You’ve been diligently pursuing your marketing plan, and your dream client is finally interested in working with your business. You take some time to hammer out the details, maybe trading multiple emails and phone calls, sometimes even text messages. At some point, the haggling concludes and you get to work providing your service. At this point, one of two things often happen:
A) Your service is excellent, the customer is happy, and you send your invoice. The days turn into weeks and months. You follow-up, but the “happy” customer is suddenly quiet and non-responsive. And your bill isn’t getting paid. 

OR
​

B) You’re providing the service, but little issues start to creep in. The scope of the project begins to snowball as the customer asks for (or demands) just a little (or a lot) extra for the same price. The customer refuses to pay the invoice until you finish the job to their satisfaction, but you can no longer even agree on what was included in “the job.”
​If you’ve ever found your business in one of these situations, you’re definitely not alone. These situations illustrate exactly why you need to use written contracts in your business and not just rely on a handshake and a few emails. 

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