Brief overview of differences between the Equal Rights Division (ERD) and Equal Employment Opportunity Commission (EEOC) to assist people who want to file employment discrimination claims.
Brief overview of recent 10th Circuit ADA case involving plaintiff’s claim her migraines qualified her an individual with a disability.
Brief article discussing the relevance of receiving unemployment benefits to discrimination and wrongful termination claims.
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Synopsis of recent NLRB Board decision addressing Section 8(a)(1) violation when employer refused employee particular union rep during investigation of sexual harassment.
Overview of unemployment compensation in Wisconsin and the term “misconduct” in determining eligibility when a claimant is terminated.
LLC’s, Corporations, And Other Business Structures – Part III: Written By New York Entertainment Lawyer And LLC Counsel John J. Tormey III, Esq.by John J. Tormey III, Esq. (John J. Tormey III, PLLC)
Part II of this article discussed how individuals historically incorporated their businesses in the hopes of avoiding personal liability, but then often became dissatisfied with the so-called “double taxation” thereby resulting. This, among other motivations, brought the S-corporation and then, the limited liability company (LLC), into being. As a New York entertainment lawyer practicing in this day and age, I most often see limited liability companies (LLC’s) as opposed to other forms of entities used in film, music, television, publishing, and Internet businesses. However one cannot understand and appreciate the advantages typically provided by the limited liability company (LLC) unless superimposed as bas-relief upon the entity’s historical context – which gives further meaning to the LLC across all sectors and industries including entertainment and media.
Society clearly benefits from encouraging people to start businesses - and take some commercial risks without an attendant risk of personal ruin. Yet otherwise well-intentioned and well-motivated people were either quitting businesses or exposing themselves to personal liability - in both instances due to their aversion to the so-called “double layer of taxation” engendered by the C-corp. Additionally, the “double” taxation of the C-corp was creating a disincentive for new people to go into business - particularly those who were risk-averse. There had to be a better way.
LLC’s, Corporations, And Other Business Structures – Part II: Written By New York Entertainment Attorney And LLC Counsel John J. Tormey III, Esq.by John J. Tormey III, Esq. (John J. Tormey III, PLLC)
Part I of this article discussed the process of selecting a new name for a business, typically a limited liability company (LLC) or a corporation in this day and age. Many people choose to incorporate or form an LLC, so as to minimize their personal liability for the debts, liabilities, and obligations of their business. There is cost to forming an entity, but the cost is often worth it. What follows is a brief discussion of “personal liability”, and the types of entities that may be available. These types of issues regarding corporations and limited liability companies (LLC’s) are often brought to an entertainment attorney such as myself in the context of new entertainment venture start-up companies and otherwise, but are in fact universal concerns across manifold sectors and industries besides entertainment.
The bottom line is that a choice of entity should be made upon current information only, with the assistance of a lawyer and an accountant. To do it any other way is to risk making a bad choice that one will later regret, especially when the first or successive tax returns relating to the LLC or corporation are filed. Though in this day and age an entertainment attorney will typically be asked to form and file a limited liability company (LLC) rather than an alternate form of entity in the context of a new media or entertainment business start-up, the choice of entity should still be carefully examined by the entertainment attorney and the business-owner at the outset – just as it should be carefully examined in any other sector or industry.
LLC’s, Corporations, And Other Business Structures – Part I: Written By New York Entertainment Lawyer And LLC Counsel John J. Tormey III, Esq.by John J. Tormey III, Esq. (John J. Tormey III, PLLC)
While many artists continue to do business as individuals, there often comes a point in their career when it makes sense to ascend to the next level – to create a business, to create a company, usually in this day and age a limited liability company (LLC) or a corporation, with its own name and identity. In the fields of arts and entertainment, this process is often handled by and through an entertainment lawyer, and is often the first reason for which a new client seeks counsel. If you are an artist who has reached that point in your career, or even if you have already surpassed it and want to revisit your decision, then this article is for you. I am a New York entertainment lawyer who regularly handles corporate and LLC matters and my contact information appears below.
If one is choosing a structure for a small business, there are a number of different types of business entities that can be formed. At minimum, one likely will need to assess the relative merits of the subchapter-”S” corporation (“S-corp”); the subchapter-“C” corporation (“C-corp”); and the limited liability company (“LLC”). This choice will be described in more detail, below, and in Part II and Part II of this Article. But the first issues one should address, also typically addressed with and through one’s entertainment lawyer, are the trademark considerations which may arise as a result of the chosen name for the limited liability company (LLC), corporation, or other form of company.