Business & Corporate Laws You Need to Know Before
Starting Your Own Business
Timothy K. Cutler, [email protected]
• Practicing 24 Years• 10 Years in Los Angeles & 14 Years in Boston
• Founded CUTLER P.C. in 2004• Founded CUTLER & WILENSKY LLP in 2013• Served as a Mediator• Completed Over 30 Trials in 4 States• Overseen Legal Matters in 8 States• Represented Start-ups and Emerging Companies in the Areas of Software,
Internet, Retail, Engineering and Marketing• Represented Chinese Companies• Creates Legal Entities• Drafts:• Licensing Agreements, Contracts and Employment Agreements
• Handles:• Employment Matters, Disputes Between Shareholders, Unfair Business Practices
and Contract Disputes• Handles:
• Purchase and Sale of Businesses
Connie C. Dai, [email protected]
• Practice Areas:• Business, Employment and Immigration Law
• Handles:• Experience in Cross Border Transactions, Drafting and Reviewing Contracts, Judicial
Internship, Employment and Investor Visa and Immigration as well as Naturalization
• Business and Financial Consulting with Start-Ups and Established Businesses• Anti-Trademark Infringement Management, Joint Venture Negotiation, and
IP Training in Coca-Cola China• NECINA – Fundraising and Public Relations• Education:• J.D. (Suffolk University); MBA (University of Calgary); and B.A. (Shanghai University)
• Bar Admissions:• Massachusetts; and New York
• Languages:• Native Mandarin; and English
TOPICS TO BE DISCUSSED•Why Is It Important To Have A Legal Entity?•What Type Of Entity Is Best For Your Company?•C Corp vs. S Corp•Limited Liability Company•Partnership•Management and Control•Fiduciary Duties•Employment Concerns•Protect Your Intellectual Property
Why Is It Important to Have a Legal Entity?
• Liability• Credibility• Holding Intellectual Property• Allows for Multiple Owners• Disadvantages of Partnership
What Type Of Entity Is Best For Your Company?
• C Corporation• S Corporation• Limited Liability Company (LLC)• Sole Proprietorship• Partnership or Limited Partnership• Choice of Jurisdiction
C Corp. vs. S Corp.• Formality and Inflexibility• Bylaws• Board of Directors• Annual Meetings
• Ability to Issue Stock• S Corp. is Limited to 75 US Citizens or Permanent
Residents
Limited Liability Company (LLC)
• No Residence Requirements• Flexible in Formalities• Operating Agreement
Partnerships• General Partnership• Joint and Several Liabilities• Inadvertently Formed
• Limited Partnership• Limited Liability
Management and Control• Officers• Board of Directors• Employees and Agents
Fiduciary Duties• What Are Fiduciary Duties?• Directors and Officers• Partners in Partnership
Employment Concerns• Employee or Independent Contractor• Wage and Hour• Termination
Protect Your Intellectual Property
• Confidential Information• Trade Secrets• Patent• Trademark• Copyright
Questions?
CUTLER & WILENSKY LLP10 Milk Street, Suite 720
Boston, MA 02108www.cutlerlegal.com