Contents

Introduction

About the Author

Chapter 1

Reaching Out to Small Businesses

Marketing Letter Featuring an Attorney and Reception

Marketing Letter Inviting Contract Review

Marketing Letter Featuring Reminder Re: Corporate Tax Returns

Marketing Letter Featuring a Change in the Law or Recent Decision

Marketing Letter Congratulating a Small Business

Seeking Referrals for Other Services for a Client

Seasonal Greetings

Notice Regarding New Office Location

Estimating Legal Expenses for a Start-up

Following Up on an Initial Phone Call

Engage or Decline After an Initial Meeting

Chapter 2

Engaging and Disengaging the Small-Business Client

Engagement Letter with Alternative Paragraphs

E-mail Footers for Correspondence with Clients

Authorization to Transfer Files to New Firm

Protecting the Attorney-Client Privilege

Forwarding an Invoice for Legal Services

Responding to Billing Inquiries

Professional Reference for Client for Foreign Banking Purposes

Letter to Client Who Is Tranferring to Other Counsel

Termination Letter to Client for Nonpayment

Letter to Former Client Regarding Disposition of File

Letter Forwarding File to New Counsel

Chapter 3

Forming or Dissolving an Entity

Choosing Between a Corporation and a LLC

Tax Planning in Connection with Corporate Structuring

Deciding Whether to Form a Subsidiary or a Division

Drafting a Founders’Agreement

Forwarding Articles to the Secretary of State for Filing

Forwarding Organizational Documents to a New Corporation (Short Form)

Forwarding Organizational Documents to a New Corporation (Long Form)

Following Up on Organizational Documents for New Corporation

Determining the Size of the Board of Directors

Forwarding Investment Documents to a New Corporation

Forwarding Stock Certificates

Forwarding Organizational Documents to New LLC (Long Form)

Forwarding Draft Form 1023 Application to Nonprofit Client

Forwarding Form 1023 Application to IRS

Forwarding Exemption Request to State on Behalf of Nonprofit Client

Forwarding an Election to Wind Up and Dissolve for Filing

Forwarding a Certificate of Dissolution for Filing

Letter to Attorney General for Dissolving Nonprofit

Chapter 4

Protecting Intellectual Property

Trademarks, Trade Names, and Trade Secrets

Fictitious Business Names

Forwarding Form NDA to Help Protect Trade Secrets

Copyright Protection for Software

Updating Copyright Notices

Obligations of Former Employee Regarding Termination Certificate

Former Employee’s Obligations Regarding Trade Secrets

Notice to New Employer of Former Employee with Trade Secrets

Cease and Desist Letter to Former Contractor

Sharing a Patentable Business Concept with Persons Outside the United States

Registering a Trademark or Service Mark

Forwarding a Notice of Publication on a Trademark Application

Forwarding a Certificate of Registration for a Trademark

Forwarding a Certificate of Registration for a Service Mark to Client

Chapter 5

Entity Compliance and Maintenance

Doing Business in More Than One State

Annual Reminder to Delaware Corporation

Forwarding Ballots and Inspector Agreement for Annual Shareholder Meeting

Letter to Corporation with Reminder Re: Corporate Governance Matters

Annual Reminder to LLC

Warning Regarding Scam Annual Filing Notices

Forwarding a Complaint Received from Agent for Service

Forwarding Statement of Information for Filing

Forwarding Resignation of Agent for Service for Filing

Forwarding W-2 Form to Employee or Former Employee

Forwarding Employment Tax Return and Payment to IRS

Forwarding Employment Tax Returns and Payment to State

Forwarding Form for Nonprofit Receipts

Letter with Instructions for Sale of Stock Held by Company

Audit Response Letter

Chapter 6

Business Plans and Contracts

Forwarding a Template for an Executive Summary

Responding to Inquiry After Executive Summary Review

Contracting for Website Development

Setting Up a Meeting to Discuss Form Contracts and Boilerplate

Legal Limitations on Interest on Loans

Terms for Design Escrow Agreement

Termination of Manufacturing Contract

Demand to Party That Prematurely Terminated Contract

Response to Unfounded Contractual Demands

Forwarding Premarital Agreement to Client

Forwarding Documents for a Real Estate–Secured Loan

Letter of Intent

Chapter 7

Directors, Employees, and Equity Compensation

Invitation to Join Board of Directors

Invitation to Join Nonprofit Board of Directors

Checklist for Employment Law Compliance

Background Checks on Prospective Employees

Offer Letter to Prospective Employee

Employment Taxes and Payroll Services

Differences Between Independent Contractors and Employees

Forwarding an Employee Handbook

Forwarding Illness and Injury Prevention Policy

Requesting Information for Employment Agreement

Avoiding Harassment Claims

Using Stock Options Versus Stock Grants; Option Pricing

Forwarding a Stock Option Plan to Client

Forwarding Notice of Options Issuance for Filing

Fowarding an Option Grant and Making an 83(b) Election

Pricing Stock Options in Privately Held Entity

Chapter 8

Raising Money in Private Placements

Securities Law Compliance

Offering to Investors Outside the United States

Avoiding Liability for Using Finders to Raise Funds

Accredited Investors

Disclosure Requirements for an Offering under Rule

Keeping a Private Placement “Private”

Forwarding a Draft Convertible Note and Board Consent to Client

Forwarding Convertible Note and Subscription Agreement

Forwarding a Draft Form D Notice of Sale to Client

Opinion in Connection with Stock Offering

 

 

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