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How divorce coaching empowers women following a relationship breakdown by Lilly Parks of @naked_recovery

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by Lilly Parks

The good news is that the divorce rates in the US have started dropping since 1990, and have followed a downward trend since then. And thanks to millennials who are doing things differently, the rates will likely continue to decline. This is according to a sociology professor at the University of Maryland, Philip Cohen, in his analysis of the American Community Survey (ACS) data.

Still, the divorce coaching industry is thriving, but not for reasons that you’d normally associate with it.

Divorce coaches make a living out of helping people, cope with the breakdown of a relationship. They also empower these men and women to become better. This makes divorce coaching a rewarding business, what with a bigger cause behind it. But the real reason that lawyers work with divorce coaches is that they’re the ones who take care of the non-legal work that lawyers and their legal staff generally don’t do.

It’s easy to associate divorce coaching as something similar to therapy, which is not exactly far off. But these independent third parties provide more than just encouragement, guidance, and motivation. Their work also covers pre-divorce, during a divorce, and after divorce.

The roles divorce coaches play

Before a divorce

  • Assess a marriage to identify if there’s still hope to work on the marriage or if a separation or divorce is the only solution
  • Assess the counseling needs of parents and children
  • If the decision to get a divorce is final, prepare clients for the upcoming journey

During a divorce

  • Help clients work through their financial and personal needs
  • Encourage sound decision-making by providing clear information about the divorce proceedings to clarify thoughts and concerns
  • Help a client build a personal support system

After a divorce

  • Help set goals for the future
  • Share the positives of divorce based on their own experiences since some divorce coaches have gone through divorce themselves

How divorce coaching helps and empowers women

  • Hand-holding

While your friends and family can provide support, relying on them comes with its own emotional baggage. Family members could be pushing you to take your ex to the cleaners or suggest many ways that you can hurt the other party.

As an independent third party, a divorce coach can create a non-judgmental, patient, safe, and supportive environment for you to get down to what really matters without pressure. Emotions are also excluded.

  • Overcome separation

And the emotional turmoil that comes with it.

Grieving the loss of a relationship is one of the many things that women go through following a breakup or divorce. A divorce coach will help you deal with the loss and then help you build your support system.

One of the first things they look into is the immense confusion you are experiencing and then help address your overwhelming emotions and fears.

Part of their job is to discuss major concerns, such as:

  • How can you manage financially?
  • What will happen to your children?
  • How do you break the bad news to your children?
  • How do you deal with co-parenting?

With a seasoned divorce coach, you will be able to navigate through the financial, legal, and practical challenges of divorce.

  • Grow and learn

There are lessons to be learned following a divorce. But unless someone is guiding you to the right path, you may not see those important lessons. You could get stuck in the grief stage, never to move on from there. You could choose to use alcohol, drugs, and food to cope with the fallout rather than take good care of yourself.

The right divorce coach can help you appreciate the good side of such a horrific experience.

It is possible that you chose the wrong partner. You made mistakes that contributed to the breakdown of a relationship. By identifying what went wrong, you’ll know better next time.

  • Help reboot and create a new life

After a divorce, the focus of coaches is to help a client establish a vision and goals for the future, both for the short-term and long-term.

This is how divorce coaching empowers women, especially women who experienced self-discovery and happiness following a relationship breakdown.

Short-term goals may include going on a divorce retreat to learn about mindfulness and meditation. Many women who went on a retreat post-separation came home with a new perspective. They got to know who they really are, which is the greatest gift you can give to yourself. Another goal is to travel a lot, which some women say has helped them re-evaluate their values in life.

A good example of a long-term goal is to live a healthy lifestyle. A study that appeared in the Journal of Women’s Health showed that 80,000 women became healthier after a divorce.

A divorce coach can help you set similar goals for yourself.

If you want to take back your power, you will find a guide and supporter in them.

Once you’ve rediscovered yourself, you can start building a new life, a new career, and a new you.

 

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Lilly Parks is a Divorce Angel and part of the dynamic Naked Divorce team. She is committed to helping her clients find the path towards healing and has been providing assistance to those who are going through the difficult trauma of divorce for more than 5 years.

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My Fast Class in Business Law by Jackie Burke of #tiniluxjewelry

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by Jackie Burke | Featured Contributor 

This month was one of the most challenging and exciting months I have had as an entrepreneur. I had a fast class in business law and realized that I had been burying my head in the sand for too long.

Here’s the backstory: I launched my company, Tini Lux, in November 2017. My company is the first company to sell fashion earrings designed specifically for people with sensitive ears and metal allergies. It has truly defined a new category in jewelry. Prior to Tini Lux, earrings were given labels like “hypoallergenic” and “nickel free,” both of which were essentially meaningless because there are many reasons why earrings can reactions. Now, Tini Lux is a go-to, trusted source for people who want to be 100% sure that their earrings will not cause painful reactions.

When I launched my business, many well meaning people (without business experience) told me that if I could not patent my idea then I would never be successful. I believe this myth comes from watching Shark Tank, where the Sharks regularly ask the entrepreneurs if they have a patent on their invention.

My brand, while innovative and category defining, was not patent-able. That did not deter me though. I could list thousands of brands that do not have patents that are still very, very successful. I knew that the challenge was to build a brand and a destination that people could trust, and if I could do that then the success would follow (and it has).

What I did not realize though, is that although a patent might not be necessary for my company, there were other legal considerations that I was ignoring, like copyrights and trademarks. This all came to a head when I found out that my exact designs were being sold by another designer at Nordstrom! When I found this out I felt frustrated, disgusted, and violated. I am an avid follower of Diet Prada and The Fashion Law had read many articles about designers being ripped off, but I never expected it to happen to me.

I did my research and learned that from a legal standpoint what happened was a copyright infringement.  Jewelry designs are considered artwork under US copyright law.  A person becomes the owner of the copyright of original artwork the moment it is published. So, since my designs were original, I technically owned the copyright and both Nordstrom and this other designer were infringing on it.  Although I did own the copyright technically, in order to bring legal action against these other companies, I needed to officially register my copyright.

I immediately registered my copyrights for all of my original designs and trademarked my business name for my category of goods (jewelry). I contacted both companies with cease-and-desist letters and fortunately my copyrighted designs were removed immediately.  Although it is frustrating that they profited off of my work, I now feel more prepared and am more motivated to continue my efforts.

Now, on top of being a legally registered LLC, I have a registered trademark and copyrights for my original work. Hopefully this will deter other potential copy-cats, but if something like this happens in the future I will now be ready for action.  I am also choosing to be flattered by another designed copying me rather than be angry. After all, imitation is the sincerest form of flattery.

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The S Corp Election Deadline is March 15th. What you need to know. by @CorpNetNellie

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by Nellie Akalp

Your LLC or corporation could receive better tax benefits by electing to file as an S Corp. However, with the March 15, 2019 deadline quickly approaching, if you want to be taxed as an S Corp for the 2019 tax year, here’s what you need to know.

S Corp 101

S Corps choose to pass corporate income, losses, deductions, and credits through to their shareholders for federal tax purposes. Shareholders of S Corps then report the income and losses on their personal tax returns, so they’re taxed at their individual income tax rates. You would elect the S Corp structure in order to avoid double taxation on the corporate income. 

To qualify for S Corp status, your business must meet the following requirements:

  • Be a domestic corporation
  • Have only allowable shareholders
  • May be individuals, certain trusts, and estates and
  • May not be partnerships, corporations or non-resident alien shareholders
  • Have no more than 100 shareholders
  • Have only one class of stock

Because the S Corp isn’t a legal business entity type, just a special election for tax purposes, an S Corp still offers you personal protection from liabilities of debt or lawsuits.

S Corps have some other advantages, such as:

  • They are only required to file once a year 
  • They are not subject to the double taxation of income (once as corporate income and once as dividends)
  • They can sell shares of stock, and 
  • They have perpetual existence, meaning the business continues to exist even if the owner leaves or dies. 

The expenses and paperwork are the same as corporations, such as filing deadlines and expenses related to incorporating and annual fees. You should also consider the limitations on shareholders and stock. Since S Corps are allowed to issue only one class of stock and are limited to 100 shareholders who must be either citizens or permanent residents of the U.S., it may limit your ability to raise capital for the business.

Be forewarned, S Corps tend to attract the attention of the IRS, especially when it comes to salaries and dividend payments to shareholders. If you make any mistakes regarding the filing requirements, you could lose the status of being an S Corp. 

Deadline Approaches

March 15, 2019 is the deadline to file IRS Form 2553 with the IRS to elect S Corporation status for this tax year and future tax years. If you don’t make the March 15 deadline, your business will remain being taxed as a C Corp for the current tax year, and then your S Corp election will be effective for next tax year. 

It is possible to file an extension for S Corp status (IRS Form 7004), but that doesn’t extend shareholders tax deadline which remains April 15. Once the S Corp form has been elected, your company must continue to meet ongoing filing requirements, such as:  

  • Reporting all financial activity on Form 1120S and attaching a Schedule K-1 for each shareholder
  • Withholding federal income tax, Social Security and Medicare taxes from employees’ paychecks (if the company has employees) 
  • Filing IRS Form 941 each quarter to report these withholdings. The form is due four times a year: January 31, April 30, July 31 and October 31. 
  • Filing a Federal Unemployment Tax Return each year using IRS Form 940

Be sure not to miss any filing dates, or you’ll receive a hefty penalty. You could get a pass on paying the penalties if you can show the IRS the failure to file on time was due to a “reasonable cause.” Merely, a lack of funds is not a reasonable cause for failure to file or pay on time. However, the reasons for the lack of funds may be okay.

According to the IRS, reasonable cause is based on all the facts and circumstances in the company’s situation. If your company used all “ordinary business care and prudence” to meet your federal tax obligations, but were unable to do so, this will be considered reasonable cause. Situations such as fire, casualty, natural disasters, the inability to obtain records or death, serious illness, or incapacitation of the taxpayer or a member of the taxpayer’s immediate family would meet the criteria.

Talk to your accountant to see if the S Corp election is a smart choice for your business and then let CorpNet take care of the filing for you.

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What The Landscape For U.S. Women Inventors Looks Like by @DeborahSweeney

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by  | Featured Contributor

This February, the United States Patent and Trademark Office (USPTO) released a report called “Progress and Potential: A Profile Of Women Inventors On U.S. Patents.”

The report opens by sharing the story of Hannah Wilkinson Slater. She is considered to be the first woman that received a U.S. patent for developing a new method of producing cotton-sewing thread in 1793. Hannah’s trailblazing entry into patents sets the tone for the report. “Progress and Potential” takes a closer look at U.S. women inventors named on U.S. patents from 1976 through 2016 and trends and characteristics of their patents. What do women inventors in the United States look like? Let’s find out through the report’s key findings.

Women (still) comprise the minority of patent inventors.

This rings true of Hannah Wilkinson Slater’s era and today’s modern world. Men obtained 32,362 patents between 1790 and 1859. Meanwhile, only 72 U.S. patents were credited to women inventors during that same time period.

Female inventor growth has been on a slow and steady up and up. Patents with at least one woman inventor grew from 7% in the 1980s to nearly 21% in 2016. Patents with at least one woman inventor also expanded from 5% to 14% from 1998 to 2016.

Compared to percentages for men, these numbers are still quite small. However, it’s interesting to note that female-only teams do not drive patent growth. Mixed-gender teams with at least one female inventor are among popular trends in patent inventor teams. They drive patent growth with women more likely to work on larger teams.

Women participate in science occupations at a higher rate than they invent patented technology.

This isn’t a ding at choosing roles in science and engineering instead of becoming a patent inventor. Rather, the study notes that women participate more in science occupations than invent patented technology.

Science and engineering fields have historically produced the most patentable inventions. The less women there are that pursue these fields, the number of patent inventors shrinks.

Studies show that the science and engineering workforce was made of 28% women in 2015. However, just 12% were patent inventors. While there are many factors at play for women to become patent inventors, it’s interesting to note that the participation rate most resembles women patent inventor rate in one field: engineering.

There are more women inventors in tech-intensive states.

Where do women patent inventors reside? Over a four-year period from 2012-2016, a little over 15% of women patent inventors lived in New York. Almost 15% could be found in Massachusetts with 14% in California.

It is not surprising to hear that women inventors reside in three states, particularly California. Progress and Potential notes that states on the coasts host technology clusters. It’s a bit easier to draw a patent inventor to a state that has a robust tech presence and workforce.

Outside of New York, Massachusetts, and California, three other states also account for high women inventor rates. These include Delaware, the District of Columbia, and New Jersey. From 2012-2016, 18% of women inventors with patent grants lived in Delaware. 17% lived in the District of Columbia and New Jersey.

Which state does the women inventor rate matter the most? California. According to the report, this state is home to the most patent inventors.

More patents are developed by entrepreneurs — and more women are pursuing entrepreneurship.

Survey data shows that in 2016, women accounted for 39% of new entrepreneurs. The report also notes that women who pursue entrepreneurship will do so more than they will invent patented technology.

While it may appear as though women are trading in being patent inventors to be entrepreneurs, the survey notes that entrepreneurs do develop many patented inventions. More women consistently become new entrepreneurs, allowing for higher participation in this field.

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Deborah Sweeney – Legal Expert, CEO, MyCorporation.com – Calabasas, CA

As CEO of MyCorporation Business Services, Inc., Deborah Sweeney is an advocate for protecting personal and business assets for business owners and entrepreneurs. With her experience in the fields of corporate and intellectual property law, Deborah has evolved from lawyer to business owner. She has extensive experience in the start-up and entrepreneurial industry as she has been involved in the formation of hundreds of thousands of businesses for MyCorporation.com’s customers.

Ms. Sweeney received her JD & MBA degrees from Pepperdine University. She is active in the community and loves working with students and aspiring entrepreneurs. She serves on the Board of Regents at California Lutheran University and is a founding member of Partners of Pepperdine. Deborah has served as an adjunct professor at the University of West Los Angeles and San Fernando School of Law in the areas of corporate and intellectual property law. Ms. Sweeney is also well-recognized for her written work online as a contributing writer with top business and entrepreneurial blogging sites.  She is a regular contributor on Forbes, American Express, Social Media Today, and BlogHer among many others.

In her ‘free’ time, Deborah enjoys spending time with her husband and two sons, Benjamin (8) and Christopher (6). Deborah believes in the importance of family and credits the entrepreneurial business model for giving her the flexibility to enjoy both a career and motherhood. Follow her on Twitter @deborahsweeney and @mycorporation.

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Angel Investors In America: 3 Facts Entrepreneurs Should Know About These Financers by @DeborahSweeney

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by  | Featured Contributor

You may already know the definition of an angel investor. This is an individual who invests in a startup using a portion of their existing finances. Chances are you may also be familiar with an angel investor’s involvement with a business, too. Most investors, once they have provided a startup with funding, require a stake in the company in exchange. Typically, this stake translates to shares or an equity position.

What you may not realize — or even think about — are the angel investors themselves. Who are these people? According to the Angel Capital Association’s initiative The American Angel Campaign, angel investors invest an estimated $25 Billion in 71,000 startup deals every year. Yet we know very little about these existing angels, or emerging angels. Luckily, research has been conducted and provided through The American Angel Campaign. Their first in-depth report explores what it means to be an angel investor in the United States. Let’s take a look at some of its key findings.

30% of new angels are women.

It’s not exactly a shock to find out that the vast majority of angel investors are men. More women, however, are taking on investor roles. Today, 22.1% of angels are female. 30% of new angels are also women.

While this number may be small for now, it is mighty. Angel investors are more diverse than venture capitalists where studies have shown only 9% of decision-makers at VCs are women. Furthermore, 38% of women entrepreneurs that raised outside capital have specifically wanted to work with women investors. It’s not likely that female angel investors will explode in expansion overnight, but it is likely that as time progresses more women will assume this role and invest in businesses.

Angels are educated, and tend to come from entrepreneurial backgrounds.

Naturally, most entrepreneurs reach out to angel investors for financing purposes. It also helps that the angel has an entrepreneurial background — or at least an understanding of business. 72.8% of the angel investors surveyed in report revealed they hold more than a Bachelor’s Degree. 51% have achieved a Master’s or MBA. At a whopping 57%, business is also stated to be their primary area of study.

Beyond school, the vast majority of angels have also held prominent leadership roles. The five most common careers included CEO of a startup (55%), for-profit company executive (55%), consultant (48%), for-profit company board member (46%), and middle management roles (38%).

There is a lovely line in the report that the angels surveyed are, essentially, “founders funding founders.” They might hail from various industries, but they understand the fundamentals of business and have held leadership roles. This makes them all the more valuable to work alongside bright-eyed startup business owners. Over time, they may even be able to build up a mentor-mentee relationship with their investor. For now, startups have the peace of mind in knowing they are working with accomplished individuals.

Many angels do not live in major cities.

We often assume that in order to get an angel investor’s attention, one needs to live or have a business in New York or California. However, 63% of angels surveyed in the study don’t live in New York City, San Francisco, or Boston. The greatest percentage of angel investors, 16.2% surveyed, reside in one of the Great Lakes states. These include Illinois, Wisconsin, Indiana, Ohio, and Michigan, as noted in their infographic.

Location may play a role in the size of checks written, too. The report reveals that angels outside of New York, California, and New England actually write larger checks compared to angels residing in these states. The median size check for New York, California, and New England is $32,432. Other geographic areas enjoy a bit of a bump — $36,920 — with their checks.

What does this mean for entrepreneurs? The report suggests that it may be beneficial to startups to seek funding beyond states traditionally associated with angel investments. However, it also states that the median check size is $25,000 across the United States. Angel investors, unlike venture capitalists, cannot invest millions into a small business. It’s important that you determine your financing needs and thoroughly understand where the money will go before approaching an angel investor. If you know you need more than what they can provide, a venture capitalist, or perhaps even a small business loan, may be a better fit.

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Deborah Sweeney – Legal Expert, CEO, MyCorporation.com – Calabasas, CA

As CEO of MyCorporation Business Services, Inc., Deborah Sweeney is an advocate for protecting personal and business assets for business owners and entrepreneurs. With her experience in the fields of corporate and intellectual property law, Deborah has evolved from lawyer to business owner. She has extensive experience in the start-up and entrepreneurial industry as she has been involved in the formation of hundreds of thousands of businesses for MyCorporation.com’s customers.

Ms. Sweeney received her JD & MBA degrees from Pepperdine University. She is active in the community and loves working with students and aspiring entrepreneurs. She serves on the Board of Regents at California Lutheran University and is a founding member of Partners of Pepperdine. Deborah has served as an adjunct professor at the University of West Los Angeles and San Fernando School of Law in the areas of corporate and intellectual property law. Ms. Sweeney is also well-recognized for her written work online as a contributing writer with top business and entrepreneurial blogging sites.  She is a regular contributor on Forbes, American Express, Social Media Today, and BlogHer among many others.

In her ‘free’ time, Deborah enjoys spending time with her husband and two sons, Benjamin (8) and Christopher (6). Deborah believes in the importance of family and credits the entrepreneurial business model for giving her the flexibility to enjoy both a career and motherhood. Follow her on Twitter @deborahsweeney and @mycorporation.

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5 Tips for Licensing Your Company’s Copyrighted Work by Tina K Gehres of @Business_attys

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by Tina K Gehres 

As businesses of all types and sizes invest in branded content, the need for copyright policing is becoming more apparent than ever. That means not only monitoring for copyright infringement, but also granting licenses for uses deemed valid, viable or profitable. Licensing your materials can help you reach new audiences, gain brand recognition and build lasting partnerships, all while retaining control of your assets. While it is not necessarily difficult to license a copyrighted work, there are many things to keep in mind. The San Diego business attorneys at Gehres Law Group, P.C. offer their most important tips.

1. Know Your Property
Intellectual property isn’t always as straightforward as it may seem. While it is true that common law grants copyright immediately upon publishing a work, a federally registered copyright with the U.S. Copyright Office provides much more protection in the case of a dispute. Consider registering your works prior to licensing them, and remember that they must be in fixed or tangible form in order to be eligible for federal copyright. Works that can be copyrighted include literature, theatre, music, choreography, motion pictures, audio-visual works, architectural works, engineering designs and software code. You are not able to copyright names or slogans; they must be registered instead as trademarks.

2. Create a Clear Agreement
A licensing agreement is an absolute must-have. You can find templates online, but it is recommended to consult a business attorney with intellectual property expertise. They will be able to draft an agreement that is specific to your needs and goals, which may then serve as your own customized template if your circumstances permit. A licensing agreement outlines fees, royalties and any other payments by the licensee. It will also include the term (length), scope, uses, rights, warranties, indemnity, enforcement and other crucial details. In simplest terms, this document ensures you are both paid and protected during the engagement. If you do not have a license agreement and end up in a dispute, courts will typically look to common practices to guide their decisions, which often leaves owners in a less favorable situation.

3. Keep Detailed Records
All licensing agreements should be filed and backed up. If a licensee violates their license terms, accurate documentation will help your attorney settle the dispute either directly with the violating party or, if necessary, in court. It is also a best practice to create a database of your copyrighted and licensed works. This can be as simple as a spreadsheet showing the name of each work, to whom it is licensed and the date the contract expires. With the many calendar tools and integrations available today, you can even set a reminder to renew or renegotiate expiring licenses ahead of time.

4. Use Exclusivity Sparingly
Very rarely is an exclusive license the ideal engagement for the licensor. Yet, many licensees will seek exclusive rights. Understand that once you sign an exclusive license agreement, you will not be able to exercise your rights until they are granted back upon the expiration of the agreement. If you are giving exclusive rights for your copyright, the licensee should be projecting significant revenue to your business through any combination of royalties, fees, advances and minimum guarantees. While non-exclusive licenses can be implied, exclusive licenses must usually be written in order to be valid.

5. Monitor Usage
From a business perspective, intellectual property is a living, breathing organism. As such, license agreements should be monitored consistently to ensure licensees are abiding by the terms. Even in the most concise agreements, miscommunications can occur. It is better to catch a small misstep than an egregious misuse, especially considering the fact that there is an underlying business relationship.

Because of the risks and responsibilities that come with licensing copyrighted work, most organizations seek an intellectual property attorney who can provide reliable counsel in all areas of intellectual property law, including trademark and copyright registration, licensing and litigation. Rather than wait until a problem arises to hire a business lawyer, build a relationship and proactively establish processes to protect your property, brand and business.

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Tina K Gehres is the President and founder of Gehres Law Group, P.C. in San Diego, California. Ms. Gehres holds more than two and a half decades of legal and business experience. Today, she uses her experience to provide legal services to small businesses and individuals and has positioned herself as a valuable asset to all of her clients.

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Protect Your Brand: A 6-Step Guide by Tina Gehres of @Business_attys

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by Tina Gehres

Branding is essential for every business in every industry. Often overlooked yet equally important, however, is protecting the brand that you pour time, energy, and resources into creating. While many aspects of a brand are intangible or conceptual, there are tangible assets to safeguard. Don’t let your identity and competitive edge be infringed upon; take these proactive measures to protect your brand.

1. Register Trademarks
It is true that you own trademark rights to your company’s name, slogans, symbols, and logos under common law. However, these rights are nowhere near the exclusive rights granted in a federally registered trademark with the United States Patent and Trademark Office (USPTO). There are many reasons to register your trademarks, the most notable being to deter and, if necessary, bring a successful lawsuit against infringers. A registered trademark grants the owner an automatic right to sue, along with the right to seek triple damages and attorney fees, as well as statutory damages for counterfeiting. See the requirements for registering a trademark here.

2. Secure and Utilize the ® Symbol
The registered trademark symbol (®) provides constructive notice that a mark is claimed exclusively. Once your trademarks have been officially registered and approved, placing this symbol next to them is a simple way to ensure an infringer is not able to claim innocent infringement and avoid monetary damages. The ® symbol provides a much greater degree of protection than the trademark symbol (™), which signifies common law rights or a pending federal trademark application. Failure to apply the ® symbol can result in loss of exclusive rights, so it’s important to integrate it with your registered marks across all channels and assets.

3. Monitor Usage
Registering your trademark is only the beginning. On Marketwired, trademark attorney Karen Hawkes of Gehres Law Group, P.C. discusses several methods for protecting trademarks. Many trademark owners rely on their own searches on Google to check if anyone is infringing on their marks. This is certainly an effective practice, but additional measures should be considered and implemented. A companywide trademark enforcement policy should include a trademark watching service or clearance search report, with general employee education, awareness, and policing to supplement. In the digital age, trademark monitoring is extremely important, as infringement is more widespread than ever.

4. Maintain and Add Trademarks
As your brand grows and evolves, your trademark portfolio should, too. For example, if you add a new capability, you might consider branding and trademarking the service. Many businesses rebrand or refresh their marketing materials every few years; this, too, should trigger trademark discussions within the company. If you update your logo, you want to retain exclusive rights to the previous mark(s) while also gaining exclusive rights to the new mark(s). Many owners mistake a trademark for a “set it and forget it” asset. Unfortunately, it’s not always this simple. Just like your business itself, your trademarks are dynamic. They require constant attention to avoid lapses in protection and loopholes for infringers.

5. Copyright Content
Copyright registration is a necessity in creative fields such as music, filmmaking, photography, and publishing – but those are not their only uses. As businesses continue to produce their own content such as videos, blog articles, white papers, podcasts, and infographics, copyright protection is becoming increasingly essential in the world of everyday business. Even architectural works, engineering designs, and software can benefit from registered copyrights. Similar to trademarks, automatic copyright protection is assumed under common law, but not to the same degree as a federally registered copyright with the U.S. Copyright Office. Learn more about federal copyright registration here.

6. Hire an Experienced Trademark Lawyer
Protecting your brand is not a simple task. Even with all bases covered, infringement can still arise, requiring legal counsel and, if the infringer is not cooperative, litigation. Because of the complexity and sheer time commitment involved in registering, monitoring, and defending intellectual property, it is best to hire a business lawyer who specializes in these practice areas.

The San Diego business attorneys at Gehres Law Group, P.C. have provided trademark and copyright registration and litigation to countless businesses across many different industries. Gehres Law Group advises and protects companies of all sizes, tailoring their services to each of their client’s specific needs. Contact them at (858) 964-2314 to schedule your free consultation.

 

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Tina Gehres is the President and founder of Gehres Law Group, P.C., a law firm that aims to provide affordable legal services to small businesses and individuals in the state of California. Ms. Gehres has held a broad range of roles including Corporate Counsel, Director of Human Resources, Law Firm Partner, Legal Consultant, and Senior Accountant. Today, she has positioned herself as a valuable asset to clients as a small business attorney. Find Gehres Law Group at https://gehreslaw.com/.

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How to Properly Hire Your First Employee by @DeborahSweeney

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by  | Featured Contributor

The United States economy is currently enjoying “a hiring spree,” according to a recent report from The Washington Post. 223,000 jobs were added in May 2018, allowing the unemployment rate to fall to 3.8 percent which is the lowest it has been since 2000.

As more jobs continue to be added and businesses make the decision to bring on full-time employees, entrepreneurs that have never hired before may be curious about the legal requirements necessary for hiring new team members. If you’re planning to hire your first employee, here’s a look at the documents and records you’ll need to ensure a smooth — and compliant — process.

1. File for an Employer Identification Number.

An Employer Identification Number, or EIN, is a federal tax ID issued by the IRS to uniquely identify employer tax accounts. If your business wants to hire employees, you’ll need to file for an EIN first. Outside of hiring employees, you’ll also need to file for an EIN if you plan to open a business bank account, change your organization type, or establish a credit profile.

2. File Form I-9.

According to the U.S. Citizenship and Immigration Services, Form I-9 is used to verify the identity and  employment authorization of your employee’s eligibility to work in the United States. U.S. employers are required to complete this form, along with employees (including citizens and noncitizens), for each hired individual. Once the form has been completed, employers must keep it on file for each person on their payroll who was required to complete it. It is not to be filed with the U.S. Citizenship and Immigration Services (USCIS).

3. Begin withholding taxes.

Once you, the employer, have decided to hire an employee with the intention of paying them, you are required by the IRS to withhold their income, Social Security, and Medicare taxes. New employees must complete and return to their employer Form W-4 Employee’s Withholding Allowance Certificate in order to have federal income taxes withheld. Form W-2 withholds federal Social Security and Medicare taxes and is completed by the employer. There may be additional state forms to complete as well, which may differ depending on your state’s tax regulations. During this time, you may consider whether you will administer payroll in-house or by using an external service.

4. Report new hires to the state.

Once an employer has hired a new employee, they must report that information to the state. Each state will vary in their reporting requirements, but don’t worry — it’s not meant to be an intimidating process.

Let’s use the state of California where my business is an employer, for example. If I hired any new employees who work in California, I would need to report that information to the New Employee Registry within 20 days of their start-of-work date. I can send the report electronically or through the mail. The only situation where I would not need to submit a report is if I did not hire any new employees.

5. Create compensation plans and obtain workers’ compensation insurance.

There are several compensation plans every business will need to create for its team. Let’s take a moment to explore the required ones.

  • Workers’ compensation insurance is required in the event that an employee suffers an injury or unforeseen circumstance on the job. Employers can obtain this insurance through their state’s workers’ compensation program or through a third party provider.
  • Disability insurance, which is required in California, Hawaii, New Jersey, New York, Rhode Island, and Puerto Rico.
  • You may register for unemployment insurance with your state workforce agency.
  • Leave benefits, outside of the Family and Medical Leave Act (FMLA), may be optional, but are worth discussing additional options with your employees.

For brick and mortar storefronts or offices, remember that you will be required to post OSHA workplace posters in a conspicuous place where all workers are able to see it. If you don’t already have one, you may order a print copy online or on the phone or download it from the OSHA website.

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Deborah Sweeney – Legal Expert, CEO, MyCorporation.com – Calabasas, CA

Deborah Sweeney HeadshotAs CEO of MyCorporation Business Services, Inc. (MyCorporation.com), Deborah Sweeney is an advocate for protecting personal and business assets for business owners and entrepreneurs. With her experience in the fields of corporate and intellectual property law, Deborah has evolved from lawyer to business owner. She has extensive experience in the start-up and entrepreneurial industry as she has been involved in the formation of hundreds of thousands of businesses for MyCorporation.com’s customers.

Ms. Sweeney received her JD & MBA degrees from Pepperdine University. She is active in the community and loves working with students and aspiring entrepreneurs. She serves on the Board of Regents at California Lutheran University and is a founding member of Partners of Pepperdine. Deborah has served as an adjunct professor at the University of West Los Angeles and San Fernando School of Law in the areas of corporate and intellectual property law. Ms. Sweeney is also well-recognized for her written work online as a contributing writer with top business and entrepreneurial blogging sites.  She is a regular contributor on Forbes, American Express, Social Media Today, and BlogHer among many others.

In her ‘free’ time, Deborah enjoys spending time with her husband and two sons, Benjamin (8) and Christopher (6). Deborah believes in the importance of family and credits the entrepreneurial business model for giving her the flexibility to enjoy both a career and motherhood. Follow her on Twitter @deborahsweeney and @mycorporation.

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Should Entrepreneurs Act As Their Own Registered Agent? by @DeborahSweeney

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Should Entrepreneurs Act As Their Own Registered Agent?

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“To act as your own registered agent or to work with a third party? That is the question.” We might have paraphrased this famous quote from William Shakespeare to fit into the present day, but we have a feeling the Bard might have shared similar musings if he had been an entrepreneur.

For those that don’t know what a registered agent (commonly referred to as an RA) does, this is an individual or a company that is designated by an LLC or corporation to accept official documents on behalf of a small business. While many small business owners choose to work alongside a third party, some decide to act as their own registered agent. This is still legally acceptable, so long as you thoroughly understand what is expected of you in this role. Here’s a look at some of the responsibilities that come with acting as your own RA.

A physical address is required.

As a registered agent, you must have a physical street address. A P.O. Box is not considered to be an acceptable address. Furthermore, the street address must be in the same state you do business and the RA must also be a resident of the state. If your LLC or corporation has been formed outside of your home state, you may need to work with an outside registered agent service until (and if) you decide to move the business to that state and work from a physical address within that location.

You must be available during general business hours.

Corporations and LLCs that are formed on a state level must have a designated registered agent in order to accept correspondence on behalf of a business and remain complaint with the state law. Correspondence tends to arrive during general business hours and registered agents must be available at that time to accept service of process. This can prove to be difficult for ‘treps on the go, who may not be available or physically present at their designated address during normal operating hours.

Are you ready to receive this much paperwork?

Registered agents accept quite a few legal documents on behalf of a small business which may include franchise tax forms, annual reports, renewal reminders, and lawsuit paperwork. They also accept official documents from the state. If you don’t mind staying organized with all of this paperwork, then you may be able to be your own RA. However, if you’re concerned that some of the documents might get lost along the way or disorganized you may find it’s a better idea to work with a registered agent service.

I don’t think I have the bandwidth to be my own RA! What should I do?

Reach out to a third party registered agents and work alongside them! You’ll find that it provides peace of mind to work with knowledgeable and reliable professionals that know exactly what they’re doing and are often more affordable than hiring a CPA or attorney. If you need help finding one, visit your state’s Secretary of State website for a list of active registered agents.

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What’s the Difference Between DBAs and Trademarks? by @DeborahSweeney

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Many entrepreneurs new to the world of small business may find themselves easily mixing up the industry’s terminology and assorted acronyms. Trademarks, copyrights, dissolutions, EINS, DBAs, SUI, LLC… You may need to write the definitions down in order to memorize them at first!

Trademarks and DBAs, in particular, often get mistaken as being essentially the same concept when they couldn’t be more different. However, their sole similarity is that they both offer protection for small businesses. If you aren’t clear about the difference between the two terms, here’s a briefing that defines both and what they can do for your startup.

What’s a DBA?

DBAs go by a few different terms. There’s the Doing Business As name, which is what the acronym stands for, and fictitious name. By filing for a DBA, your company can conduct business and receive payment for its services under a name that is different from its legal name.

Why would you want to do business under a different name anyway? More often than not, entrepreneurs file DBAs as a fraud prevention measure. Your DBA name will still identify your business, but it will discourage anyone from registering for your name. In the meantime, having claimed a DBA name for yourself will allow you to create a business identity for your customers and vendors, market and advertise your company publicly, and open a business bank account to collect checks and payments under your business name. That last one is especially important because most banks won’t allow you to open a business bank account unless they have a certified copy of your DBA.

Ready to file? Check with your state or county that you’re business in first to see if you need to register a DBA since some states don’t require a formal registration. If you do need to register a fictitious name, file as soon as possible with your state government or county clerk’s office. You’ll need to pay a processing fee and identify your business with either your Social Security Number or EIN (Employer Identification Number) when filing and the registration process typically takes anywhere between one to four weeks.

What’s a trademark?

While a DBA may identify your business, a trademark goes a step further in making your business name your property. You can also trademark more than your company name too! Logos, slogans, and taglines also qualify as eligible for trademark registration. These are all distinctive words, phrases, symbols, and designs that are unique to your business and help distinguish your brand from that of the competition.

If you’ve already put in all of the hard work of dreaming up these original marks and conducted searches to ensure that nobody else was using them, protect them by filing for exclusive ownership. You can file a trademark application with the United States Patent and Trademark Office (USPTO). Once you’ve registered the mark, nobody else will be allowed to use or plagiarize your trademark. One extra perk to filing a trademark? As long as you pay your fees and file the necessary documents, these marks never expire and can protect your small business for as long as they are in use!

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