When buying or selling a business, the buyer and seller must decide whether to structure the transaction as a stock purchase or asset purchase. (In this article, the term “stock purchase” means the acquisition of a company’s equity, whether that company is a corporation, a limited liability company, or other form of entity. For LLCs, the term “stock” means membership interests or membership units.) The choice Read More
The Hidden Risks of “Friendly” Business Transactions
Familiarity often breeds a dangerous complacency and at CLARK.LAW, we've seen a recurring pattern: Clients entering transactions with a sense of ease solely because they're dealing with a friend, family member, or another familiar party. While comfort in business is not inherently problematic, it often leads to skipping crucial steps and legal processes—especially in areas we focus on, such as mergers and Read More
There is No Such Thing as “The Cloud” – It’s Just Someone Else’s Computers
The concept of "the cloud" is frequently misunderstood when discussing data and its storage, use, and privacy. When you ask most people to describe it, they may need help to give you a confident answer and just gesture to the air above. “The cloud” is actually just a network of interconnected data centers that house computers to store our data – or, in fewer words, someone else’s computers. This transition to Read More
How Should You Structure Your Med Spa Business?
The growing popularity of Med Spa businesses is reshaping the wellness and beauty industries. These businesses are popping up in communities across the country, offering a variety of services like non-surgical skin and hair enhancements, laser hair removal, Botox, fillers, light treatment, and more. These companies provide alternatives to traditional hospital visits and lessen the costs associated with going through Read More
Who Can Own a Med Spa?
Medical spas, commonly referred to as med spas, are becoming a more regular occurrence in our communities. These “spas” offer a variety of services largely focusing on skincare, laser hair removal, non-surgical enhancements like Botox, fillers, light treatment, and other treatments that borderline on medical solutions for people looking for alternatives outside of a hospital. But, who is able to own these Read More
Alternative Dispute Resolution Tactics to Save Your Business
When business disputes arise, the knee-jerk reaction for many entrepreneurs and business owners is to head straight to the courtroom. Litigation can be an expensive, time-consuming, and emotionally draining process that can potentially harm not only your professional relationships but also your business as a whole. Fortunately, there are alternatives to litigation that can help you resolve disputes in a more amicable Read More
Is Your Business Prepared for the Reporting Requirements Under the Corporate Transparency Act?
After years of discussion, the Corporate Transparency Act (CTA) officially goes into effect on January 1, 2024 – just a few months from this publication. Businesses need to prepare for the Beneficial Ownership Information reporting aspect of the law and the deadlines associated with it. This is a move we anticipated and addressed in an article last June. Now that the implementation is just months away, we want to Read More
Two Recent Supreme Court Decisions Highlight the Narrow Pathway of Fair Use
Creatives have long relied on the Fair Use defense when using the work of others as direct inspiration for their own work. The Fair Use Doctrine can successfully be used as a defense to copyright infringement if you meet certain requirements. The Supreme Court recently analyzed the Fair Use defense in ruling in favor of two copyright holders after others infringed upon their work. In the case of the Andy Warhol Read More
Legitimize Implementation of NFTs Through IP Licensing
Non-Fungible Tokens, or NFTs as they are more commonly known, create unique opportunities for businesses. The sale and exchange of these digital assets soared in 2022, to the tune of 101 million tokens sold last year. These transactions show that, despite skepticism, NFTs are gaining more mainstream acceptance. In business, companies are often using these as a marketing tool as much as they are using them as Read More
Do People Have a Right to Know When They Are Dealing with Artificial Intelligence?
We’ve all been trapped in the matrix of a company’s directory trying to find our way to a real human being. You sift through the various options, pressing 1 here and 6 there – only to get disconnected and try all over again. In many cases, however, businesses have found a way to transcend the phone version of connecting the dots into a new world that leaves callers questioning whether or not they’re actually speaking Read More