McBride Law Blog


Archive for for October, 2016

Good Plans Can Mean Big Money 4 Great Benefits to Quality Planning

October 31, 2016

Business plans may sound boring, but they’re really important. Why are business plans so important? Why do they matter?

There are a lot of reasons why it’s critical that you have a good business plan. Let’s break it down a little bit. Let’s think about how and why business plans are so important. Let’s assume you’ve done the hard work to make a good business plan. Why is having a business plan so important?

#1 A good business plan is your road map to success.… Read the rest

My Learning Experience Speaking To Tech Ranch

October 28, 2016

Last week, I spoke on The Three Laws of Empowerment at Tech Ranch. The room was full of a great group of entrepreneurs, and there was a lot of interaction in the room, and as always, I learned a lot from others when I spoke. One of my goals is to have a two-way conversation going during a speech and to learn about my audience and what they see, and then to address their concerns. A couple interesting topics came up from the conversation.… Read the rest

When a Corporation Fails To Exist (Legally) (Part IV)

October 27, 2016

In Hill v. County Concrete Co., Inc., Hill and Newman hired an attorney to form a construction services corporation to be known as “C&M Builders, Inc.” (C&M).[1]  The attorney advised Hill and Newman that the corporate name was available and that they could proceed with their business preparations, upon which Hill and Newman ordered checks, painted trucks, and opened a bank account, all imprinted with, or in the name of, C&M.  But for whatever reason, the attorney did not attempt to file the Articles of Incorporation until the end of February 1989, more than 3 months later, and when he did, the corporate name C&M was no longer available. … Read the rest

Protecting the Client When Selling Their Business Or Do I Really Need to Hire a Lawyer?

October 26, 2016

I recently read a blog article suggesting that person selling their business SHOULD NOT involve a lawyer in the process. I replied to the original blog, and since then the original blog was updated.  Here is the updated version:

Planning Your Liquidity Event: Four Groups to Consult with Prior to Selling Your Business

I found this advice shocking!  As a lawyer I take the contrarian view to the article.

While you typically don’t want a lawyer leading the sale of your business, you do want a lawyer keeping an eye on things. … Read the rest

Securities Fraud Class Action Lawsuit Trends

October 25, 2016

When we write about securities law issues here, we tend to focus on enforcement actions or investor alerts by the Securities and Exchange Commission (SEC).  For instance, in our previous blog series “SEC Issues an Investor Alert on Social Media and Investing,” we discussed the SEC investor alert warning investors about fraudsters who attempt to manipulate share prices through social media.  In another blog post “Crowdfunding Gone Wrong: Some Points of Caution,” we covered the SEC’s emergency action against Ascenergy LLC, a Nevada limited liability company, which allegedly solicited investors on crowdfunding websites with false and misleading statements. … Read the rest

Encouragement Pays Off Big

October 24, 2016

The following blog is from Valerie M. Nowottnick, a guest of McBride For Business.

I had a conversation with one of my out-of-state clients today.  I’ve been assisting them with their office organization/management/start-up issues.  They have had difficulty in finding competent, reliable support in their location.  They hired a student who is currently attending a community college majoring in paralegal studies and she has been a tremendous asset to their firm.  Unfortunately, others have fallen by the wayside while the student picked up the slack and kept the office chugging along.… Read the rest

Bridging the Generation Gap in the Workplace: Some Tips and Ideas

October 21, 2016

Today’s workplace, consist of Millennial, Generation X, Baby Boomers and even some folks from older generations. Each of these groups brings unique sets of attitudes, values and work styles to an organization.

While each person is unique, social scientists have identified some characteristics common among different groups born about the same time:

Pre-Baby Boomers have a lot of knowledge that can be tapped into, if one would take the time to listen.  Many of this group are on their second or third career and have a vast amount of life experiences to appreciate. … Read the rest

When a Corporation Fails To Exist (Legally) (Part III)

October 20, 2016

Corporation by Estoppel

In Cranson v. I.B.M. Corp., Cranson decided to invest in a corporation that was soon to be formed.[1] Upon being advised by the attorney that the corporation had been formed, Cranson received a stock certificate for his shares and was shown the corporate seal and minute book.  The company started conducting business, through corporate bank accounts, with auditors maintaining corporate books and records, and under a lease for the office space entered into by the corporation. … Read the rest

All postings are intended to be planning tools to familiarize readers with some of the high-level issues discussed therein. No posting is intended to be a comprehensive discussion and additional details should be discussed with your transaction planners including attorneys, accountants, consultants, bankers and other business planners who can provide advice for your circumstances. This article should not be treated as legal advice to any person or entity.