Book Review Business Law Battle Plan

2193 words - 9 pages


Business Law Battle Plan by Marjorie Jobe, J.D. provides strategies and steps necessary to protect entrepreneurs from the risk of litigation which has become commonplace in the United States legal system . The author claims that today’s American legal system is broken, abused by bad lawyers and corrupt prosecutors whereby no business owners are safe no matter how insignificant the business is or even if it is innocent. The author stresses the importance of legal prevention and introduces the multitude of protective actions one entrepreneur or business owner can take to prevent legal disaster from taking place such as picking out a legal team and watching for common legal ...view middle of the document...

In Chapter 5, the author gives the reader a taste of the different types of entity choice of holding with brief descriptions. These different kinds of entity choice for holding provide different liability limitation, tax implication and addresses marital property issues. Chapter 6 explains that the property rights of both spouses are affected by their business entity and describes both the asset protection and marital property agreements aspect for legal insulation with respect to that business entity. Chapter 7 gives the reader an overall picture of the types of insurance coverage available to a business and the importance of the various insurances to limit one’s liability exposure. In Chapter 8, the different kind of provisions in contracts such as waivers, warranty, force majeure and indemnification is discussed. A well thought-out and properly written contract is a powerful weapon to fight against legal exposure. Chapter 9 describes the different kind of business taxes and the criticality of paying them accurately and on time to avoid tax liability. Chapter 10 gives a broad overview of the various intellectual properties that are important to any businesses and the ways to secure them. The author also points out the potential copyright and patent trap and intellectual property fraud. In Chapter 11, the author discusses the different kind of federal employment statutes to protect employee’s right such as minimum wage, family medical leave and disabilities. The author also cautions business owners against illegal employment practices such as discrimination and harboring. Chapter 12 takes the reader through the important steps of securing one’s businesses from potential costly employee legal problems especially on the creation of relevant employees’ policies and manuals. Chapter 13 touches on businesses’ risk exposure from the cyber world. The author again stresses the use of a well written company policy and highlights some examples of cyber legal issues such as the smoking gun e-mail and website risks. Chapter 14 describes the different types of employment and points out good hiring practices and record keeping for every business owner to minimize legal liability. Chapter 15 on the other hand deals with releasing workforce members, highlights the potential pitfalls and suggests ways to ensure smooth and legal termination of employment relationship. In chapter 16, the author discusses what any entrepreneur should do when faced with a lawsuit or litigation. The chapter covers briefly the process of engaging and subsequently controlling a lawyer, the importance of establishing an action plan for the case and the business decision involved in controlling the litigation. Chapter 17 on the other hand puts the reader in the shoes of a plaintiff. The author discusses the need and cost and benefits analysis of filing a lawsuit and the alternatives available. Finally, chapter 18 wraps up the content of the book by emphasizing the need for...

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