Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Starting an Online Business in the Era of COVID-19

Author: Dan Brecher

Date: October 7, 2020

Key Contacts

Back

While the COVID-19 pandemic has wreaked havoc on many existing businesses, it has also created new opportunities for budding entrepreneurs...

Starting an Online Business in the Era of COVID-19

While the COVID-19 pandemic has wreaked havoc on many existing businesses, it has also created new opportunities for budding entrepreneurs. As social distancing, remote learning, and telecommuting have become the new normal, many online businesses are thriving. New businesses are also forming to meet our changing needs, which range from online fitness classes to remote working platforms.

The pandemic may also make it more affordable to launch a new business, particularly one that is exclusively online. It’s now the norm to work remotely, which means you can not only operate your business from the safety of your home but also avoid costly lease payments for office space. Many of the expenses associated with a home office are also tax-deductible.

All of these benefits can make it extremely tempting to launch an online business in the throes of the pandemic. However, before starting your new business, you should be clear on some key questions: 

  • Do you have a written business plan? Starting a business requires more than a good idea. Key questions to address in your business plan include what will your product or service accomplish; how is it different from what is already on the market; how will your market/sell it; and who are your competitors.
  • How will you secure funding? It’s imperative to determine how you will fund the business; that means preparing a budget and making sure you have or can get the needed funds. Key questions to consider include how much money you will need to get off the ground, where you plan to get it (bank loans, venture capital funds, angel investing, crowdfunding, etc.), and your timeline for profitability.
  • What types of documents do you need to get up and running? All businesses must register on the state and local level. Registration with the States of New York and New Jersey may be completed online. Businesses should register their trade names at the county level and may not select a name that is already in use in that county.
  • What type of entity will your business be? There are a number of legal structures available to entrepreneurs, all of which have distinct advantages and disadvantages. While a sole proprietorship or partnership involves less paperwork, it fails to shield the founders from personal liability for the debts and obligations of the business. While more costly and complex, a business corporation or a limited liability corporation is generally a safer choice.
  • What are your tax obligations? Internal Revenue Service (IRS) regulations allow a sole proprietorship or a single member LLC with no employees to use the owner’s social security number for federal tax purposes. However, all other business entities must obtain a Federal Employee Identification Number (FEIN) from the IRS. In addition, businesses that provide a product or service that is subject to sales tax must register with the New York State Department of Taxation and Finance or the New Jersey Department of Treasury.
  • If you have a partner, what documentation is needed? When forming a New York or New Jersey partnership, you don’t need a written partnership agreement but it’s certainly a good idea. Clearly outlining the rights and obligations of both parties is one of the best ways to resolve disputes and avoid costly business litigation. 
  • Who will run the company? It is important to honestly assess whether you have the time, resources, and experience to successfully run your business. If not, will you hire employees? Once your startup is ready to hire employees, it is important to do it right. A written employment contract establishes and structures the legal relationship when you hire an employee. Issues to consider include the duties, wage/hours, equity grants, benefits, non-disclosure of confidential information, termination, and non-compete/non-solicitation.
  • How will you handle intellectual property concerns? Nearly all startups have (or are developing) intellectual property of value (trademark, copyright, trade secrets, etc.). If you fail to obtain the proper IP protection, you may have no legal recourse should a competitor try to use them. In addition, without the proper non-disclosure agreements in place, your business partners or employees might try to walk out the door with your million-dollar idea.  At the same time, it is also important to verify that you are not potentially using someone else’s intellectual property and thereby infringing, i.e. is your brand or business name already registered to someone else?

Finally, many entrepreneurs make the mistake of trying to do everything on their own and don’t hire professionals to advise them on tax, accounting, human resources, or legal issues, even the sale of the business. Missteps in these crucial areas can be disastrous, costing your start-up both time and money in the long run.

If you have questions, please contact us

If you have any questions or if you would like to discuss these issues further,
please contact Dan Brecher or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract post image

Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]

Author: Graham Staton

Link to post with title - "Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract"
Can You Own Part of a New Jersey Business Without a Written Agreement? post image

Can You Own Part of a New Jersey Business Without a Written Agreement?

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]

Author: Michael Mietlicki

Link to post with title - "Can You Own Part of a New Jersey Business Without a Written Agreement?"
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One post image

Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]

Author: Sean M. Pena

Link to post with title - "Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!