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Cincinnati Business and Commercial Litigation Legal Blog

Is there a limited liability corporation for more than one owner?

If you're considering launching your business concept, you may feel overwhelmed trying to sort out the differences in the framework of incorporation structures. You may appreciate the liability protection that setting up a limited liability corporation (LLC) provides, yet you may have a business partner and think that you need to set up a partnership or a corporation instead. You may find that incorporating your business as a multi-member LLC (MMLLC) is just the type of formation right for you and your concept.

An MMLLC is precisely what the name suggests. It offers some of the same protections an LLC provides a single owner. It just allows two or more individuals or owners to enjoy some of the same liability protections that a single-member LLC does.

Protect your company in workers' compensation claims

When an employee claims they were hurt on the job, employers need to handle these situations properly. It's important to protect the rights of the employee, but you also have to protect the interests of the business. This isn't always easy.

You can't go into every claim thinking that an employee is trying to get something over on you, but you shouldn't assume that you don't need to be cautious. False injury claims do happen.

What is the difference between a contractor and a consultant?

Individuals who work for companies in a non-employee capacity often refer to their roles as consultants or contractors. The interchanging of these words can make it challenging to understand precisely what their role entails. U.S. Department of Labor (DOL) Bureau of Labor Statistics (BLS) career data shows that these two titles describe two distinct roles.

BLS data shows that contractors most commonly have bachelor's degrees. They are outsiders who are often hired by a company to complete project work in a specified field.

What may result in a judge throwing out a noncompete agreement?

We live in a very competitive world where someone is always interested in getting an upper edge on another at all costs. Many Ohio employers ask their employees to sign noncompete agreements (NCAs) to protect themselves from workers from taking off their operational details and customers and starting their own thing right in their figurative backyard. Any employer looking to protect their interests by having an employee sign an NCA must make sure that they include certain information in it for it to hold up in a court of law.

Employers generally aren't able to ask an employee to sign an NCA on a whim. They must instead offer some consideration in exchange for them doing so. You can satisfy your obligation by merely extending a job offer to a prospective employee pre-hire. You may have to give an existing worker a raise or bonus as consideration to sign an NCA, though.

What are signs an executor has breached their fiduciary duty?

The executor of an estate has specific fiduciary responsibilities. It's an Ohio personal representative's legal obligation to act in the best interest of the deceased and carry out their instructions and wishes to the best of their abilities.

A fiduciary has two primary responsibilities. They are paying off any debts that the testator left behind and distributing any of their remaining assets to the heirs.

Has a contract breach left you considering your options?

When you entered into a business arrangement, you likely anticipated the deal benefiting your company in various ways. You may have needed to expand and made a deal with another company to sell your product. You may have needed materials to manufacture your product and reached out to a vendor for supplies. Whatever the case, you ensured that all parties involved signed a contract associated with the arrangement.

While you may have felt secure in moving forward with the deal because of your contractual agreement, you recently hit a major snag. In fact, you believe that the other party has breached the terms of the contract. Now, your company is at risk of suffering significant losses or has already incurred losses, and you need to handle the problem directly and efficiently.

What you should do if an employee reports harassment?

It's against the law for Ohio employers to harass their employees. It's illegal for customers and colleagues to do the same.

Employees should feel safe to report harassment when it occurs, and employers should take these complaints seriously and act upon them immediately.

How does an issuance of debt work?

Debt is a typical cost associated with doing business. It's not uncommon for governments and companies to accumulate debt by borrowing funds from bondholders. They often pay the debt back at a specified period at an agreed interest rate. Generally, payments are made monthly or quarterly. The borrower must then pay back the lenders in full once the borrowing period is complete.

The most common way that companies administer an issuance of debt is through corporate bonds. This situation involves a lender issuing a loan to fund an acquisition, capital project or other company expenditures.

Ohio Sales Practices Act claims against companies are serious

Businesses in this state are expected to comply with the terms of the Ohio Sales Practices Act, but some business owners aren't quite certain how this applies to their company. When a business isn't in compliance, they can face legal action.

This act is meant to help protect consumers from issues that stem from unfair, deceptive or unconscionable practices. The act doesn't only protect consumers when a good is being sold. It also protects them from being misled into a transaction involving services. Because of this, you should always ensure that you and everyone representing your company acts in an ethical manner.

Is there such a thing as a contest-proof will?

No one wants their will to be contested in court in a heated showdown after they're gone. Heirs file lawsuits in court contesting wills most every day, however.

Wills may become contested for many reasons. An heir may allege that the testator has a more recent will or that it was signed involuntarily. An heir may also argue that the testator lacked the mental capacity to sign the will or that there may not have been two witnesses present when they executed it.

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