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Posts by Nancy Lanard

Letter Of Intent For A Commercial Lease

What Is The Purpose Of A Letter Of Intent For A Commercial Lease? A real estate letter of intent (LOI) is the skeleton from which a lease is drafted by the landlord’s attorney.  The letter of intent reduces to writing a preliminary understanding of parties who intend to enter into a contract, including contracts to…

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What Is A Fictitious Name Registration?

What Is A Fictitious Name Registration and Do I Need One? I am often asked whether a fictitious name registration is needed for a client’s business.  The first point is to understand what a fictitious name registration is.  If you are doing business under a trade name that is not also your entity (corporation or…

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Choosing Your Business Entity

Choosing A Business Entity – what are the options? Choosing your business entity is often the first important legal decision that an entrepreneur must make.  In the last few years the choices have become greater.  An individual business owner can have a sole proprietorship, corporation (C or S) or limited liability company.  An organization with several…

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Item 19 of the Franchise Disclosure Document (FDD)

ITEM 19 OF THE FRANCHISE DISCLOSURE DOCUMENT (FDD) Background On New NASAA Guidelines to Item 19 of the FDD New guidelines for Item 19 of the Franchise Disclosure Document (FDD) on Financial Performance Representations (FPRs) will benefit franchisors, franchisees and sales consultants. These new guidelines go into effect early in 2017 (http://www.nasaa.org/40282/notice-request-comments-regarding-proposed-franchise-commentary-financial-performance-representations/).  The new guidelines are…

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4 Steps To Choosing A Franchise Attorney

FOUR STEPS TO CHOOSING A FRANCHISE ATTORNEY What are the 4 steps to choosing a franchise attorney?  How can you find the best franchise attorney? Follow these 4 steps: Step 1. Make sure that the attorney you choose practices franchise law as a primary part of her practice.  I have been practicing franchise law for over…

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What Are Copyrights, Trademarks & Patents

One of the most frequently asked questions I get is “what is the difference between patents, trademarks and copyrights?”. These intellectual properties may be the greatest assets of a business. “Trademarks” are the logos, names or symbols that are used to refer to a product or products. “Service marks” are the logos, names or symbols…

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Top Ten Terms To Negotiate in a Retail Lease

commercial lease agreement

1.  CAM/Operating Expenses – How will they be calculated? How much will they go up each year? Most, if not all, retail leases will require the tenant to pay its proportionate share of operating expenses as additional rent, in addition to the base rent.  However, what is included in those operating expenses and how they…

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Three Employment Policies Every Employer Should Have

What are the three most important employment policies that every business should have?  Every business should have an employment policy on substance abuse, sexual harassment and employee email privacy.  By having these policies, an employer helps to prevent litigation against the employer for issues that arise in any of these areas. An employment policy dealing…

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Top Ten List of Grammar Errors for Businesses to Avoid!

The surest way to lessen your company’s image is to include simple grammar errors in your company’s presentations.  Here is a list of the top 10 grammar errors to avoid in your business letters! This list will keep your reader’s attention on your underlying ideas, and not on the grammatical errors.  So let’s clean up…

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Email Privacy in the Workplace

Janet was an employee for ABC, Inc., who sold widgets for ABC, Inc. Three years into the relationship the relationship became contentious between Janet and her employer and ABC terminated Janet’s employment with the company. Janet brought litigation against ABC, claiming unjust dismissal from the company. ABC argued that Janet was fired due to disloyalty.…

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