Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Five Legal Missteps that Could Sink Your New Jersey Small Business

Author: Scarinci Hollenbeck, LLC

Date: May 25, 2018

Key Contacts

Back

There Are Many Ways To Help Ensure That Your New Jersey Small Business Succeeds…

Small businesses play a vital role in the New Jersey economy. In conjunction with National Small Business Week, the Small Business Administration (SBA) recently published updated small business profiles for each state. In New Jersey in 2015, small businesses employed 1.8 million people or nearly half of the private workforce. Firms with fewer than 100 employees accounted for the largest share of small business employment.

Five Legal Missteps That Could Sink Your New Jersey Small Business
Photo courtesy of Annie Spratt (Unsplash.com)

Unfortunately, the SBA profile for New Jersey also reveals that for every newly-created New Jersey startup, another small business closes. In the third quarter of 2016, 6,199 new establishments were created, generating 25,490 new jobs in New Jersey. During the same period, 6,320 establishments exited resulting in 21,603 jobs lost.

Legal Protections for Your NJ Small Business

There are many ways to help ensure that your small business succeeds. While certainly not the most flashy or exciting, legal compliance is one of them. For New Jersey startups and other small businesses, even small regulatory fines or legal judgments can spell doom. Accordingly, it pays to devote time and resources to reducing your legal risks. Below are a few key tips:

  • Do your research: Whether its leasing warehouse space or hiring a new vendor, always look before you leap. In most cases, that means conducting due diligence before agreeing to anything. It is always easier to walk away from a deal before you sign on the dotted line. Small business should also investigate the potential regulatory implications of any business decision, i.e. does hiring five new employees subject your business to additional labor laws, or what corporate filings are needed to expand your business into a neighboring state?
  • Put everything in writing: From agreements with your business partners to contracts with suppliers, always execute a written contract. While it may be uncomfortable to ask a friend or family member to sign a legal agreement when they are helping get your company off the ground, the awkwardness is much greater should a serious misunderstanding arise down the road. Having your agreements memorialized in writing helps ensure that all the parties understand their rights and obligations and establishes a means for resolving any disputes.
  • Formalize your employment practices: Your workers can make or break your business. To maintain a healthy and happy workplace, everyone needs to be on the same page. All small businesses should have formal human resources procedures in place, as well as a written employee handbook. Having established rules for everyone to follow helps workers understand your expectations and reduces the risks of an employment lawsuit.
  • Protect your intellectual property: Many small businesses focus exclusively on protecting the assets that they can see right in front of them, such as product inventory or office buildings. It is equally important to safeguard your intangible intellectual property, such as logos and inventions. The time and effort needed to obtain trademark registration for company logos or secure your trade secrets via nondisclosure agreements almost always outweighs the costs of someone stealing it out from under you.
  • Create a team of experts: Small business owners can’t wear all the hats needed to successfully run a company. It is important to know when to call in the experts, whether you need accounting help, legal advice, or marketing input. Having a team of knowledgeable professionals on call not only lessons the burden on entrepreneurs but also helps ensure that you make the right decision the first time around.

If you have any questions, contact us

New Jersey small businesses will often benefit from working with an experienced business attorney. If you have any questions or if you would like to discuss the matter further, please contact me, Jeffrey Cassin, or the Scarinci Hollenbeck attorney with whom you work at 201-806-3364.

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
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand post image

Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]

Author: Donald M. Pepe

Link to post with title - "Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand"
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them post image

Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]

Author: Paul Grossman

Link to post with title - "Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them"
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"
How to Protect Your New Jersey Business When Going through a Divorce post image

How to Protect Your New Jersey Business When Going through a Divorce

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]

Author: Jay McDaniel

Link to post with title - "How to Protect Your New Jersey Business When Going through a Divorce"

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!