In that spirit, we’re bringing you a collection of news for small businesses. Though some are about the businesses themselves, others are about issues small business owners have told us are most important to them.

Here is what caught our eye this week:

The Internet Makes Magic Disappear

While most of us know how the web fundamentally changed the landscape for journalists, record companies, and book publishers, you probably haven’t thought much about what the internet has done to professional magicians. Sure, YouTube and online magic sellers have made the art more accessible. But have they made it worse? Can it ever recover? And where will the next Houdini come from?

No Payroll Tax Battle After All

In news that’s likely a little more applicable to you and your business, this week, Congress passed the payroll tax cut without much of a fight. Employees will keep an extra $1000 a year on average, giving them fatter paychecks and a little extra spending money for gifts, vacations, and a night on the town.

Beyonce & Jay-Z Aim to Trademark Daughter’s Name

Being a celebrity is a business unto itself. And, apparently, being a month old baby is too. Jay-Z and Beyonce have taken steps to protect the name “Blue Ivy Carter” from being used in the market and their patent is currently pending at the USPTO. Laugh all you want, but at least two other parties have applied for a similar trademark and, thankfully, both applications were denied. It’s worth keeping in mind that if you haven’t taken the proper steps to protect your intellectual property, it’s never a bad time to do so. You might not have to trademark your newborn’s name, but even securing a Twitter handle or a URL can help keep your business yours.

Funny Money? 11 Local Currencies

When able-bodied workers are unemployed and money is hard to come by, what’s a depressed community to do? Lower taxes to entice businesses into relocating? Increase government jobs? These eleven communities did what great small businesses do: they got creative. By creating their own currencies, they kept money local and increased consumer spending. And as a bonus, they got to make up really cool names like “Bay Bucks” and “Ithica Hours.”

Seven Secrets of San Diego Comic-Con’s Success

In the interest of full disclosure, I grew up in San Diego and, yes, once frequented the annual celebration of all things comic book. And while back in the ‘90s it was still a destination for the industry, the Comic-Con has now ballooned into an international Event with a capital E. Over a hundred thousand people attended last year and pumped $193 million in San Diego’s economy. The convention organizers spelled out how they started, how they grew, and other secrets to their success. While this piece is of particular interest to event organizers, it’s got some great lessons for small business owners of all stripes.

Related articles

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• Washington Should Take a Lesson from Small Business (blogs.constantcontact.com)

It’s more than an honor…it’s also about giving back to the community, which is what these attorneys do every day. Rocket Lawyer is proud to award a $500 grant to each of the four final winners’ charities.

Please vote for the attorney you’d like to win, and keep in mind that it’s not just a vote for a hard working local attorney, but a charity too. Please vote now for your favorite attorney and charity.

The finalists’ charities of choice are listed below.

Harlem Children’s Zone (supported by finalist Rachel Rodgers)

Called “one of the most ambitious social-service experiments of our time,” by The New York Times, the Harlem Children’s Zone Project is a unique, holistic approach to rebuilding a community so that its children can stay on track through college and go on to the job market.

Guild for Exceptional Children  (supported by finalist Robert Howe)

The Guild for Exceptional Children (GEC) is a non-profit organization dedicated to addressing the needs of children and adults with developmental disabilities and their families. Since 1958, the GEC has provided homes, early childhood education, jobs and support services.

ALS Association of Massachusetts (supported by finalist Julio Hernando)

The ALS Association (National Office and Massachusetts Chapter) operates under a shared mission: to lead the fight to cure and treat ALS through global cutting-edge research, and to empower people with Lou Gehrig’s Disease and their families to live fuller lives by providing them with compassionate care and support.

March of Dimes (Supported by finalist Gerald F. Chefalo)

The March of Dimes is dedicated to improving the health of babies by preventing birth defects, premature birth and infant mortality.

Related articles

• Attorney of the Year Finalists Announced – Voting Open Now! (press.rocketlawyer.com)
• Our First Sociable Lawyer Premiere Event of the Year in NYC (Photos) (sociablelawyer.org)
• In Your Words: Attorney of the Year Finalists (press.rocketlawyer.com)

Here are a few of our favorite quotes from the nominators (in no particular order):

“Rachel Rodgers Law Office is not your father’s law firm!”

“Since he began practicing law in 1981, Joseph Pippen has posted his fee schedule.  His practice has the feel of Neiman Marcus and the price of Dillards.”

“Troy Pickard is a stand-out lawyer who maximizes his firm’s technology to make things easy on his clients.”

“Kenan Farrell will always maintain that his greatest professional accomplishments are the successes he has helped obtain for his clients, for whom he zealously advocates.”

“He [David Godsey] works hard every year in December to make sure DFW children have bikes. He is there from the  entire process of our annual bike giveaway. From picking up the bikes, to the delivery; being a part of the entire experience.”

“Mr. Chefalo‘s attitude towards his clients and his profession have changed many people’s view on what attorneys really are.”

“He [John Tangren] always finds time to play the violin for church, sing in the choir, and even shleps out to the suburbs to play the violin for public libraries.”

“Ms. Ashby makes sure every client understands and is comfortable with their out-of-pocket cost for her services.  Ms. Ashby speaks at many local nursing homes and community centers to educate local senior citizens on elder law and planning for their future.”

“While he [Julio Hernando] is a fearless litigator with a sterling reputation he has given back to his community in a number of ways. In the past he has served as a president of the hispanic bar association, today he serves on a number of boards aimed at improving legal services and access to legal services throughout the community.”

That’s just a small sample of the comments we received about our finalists.  Thank you to everyone who shared these stories, and best of luck to all of our attorney finalists.

Please vote now for your favorite attorney!

When we asked for Attorney of the Year nominations, we received hundreds of responses from people nationwide, telling us why their favorite attorney should win.  The one theme that came through was an amazing sense of gratitude for how these attorneys have gone above and beyond to help others — by solving their clients’ legal issues, being fair and reasonable with their fees, and volunteering their time to help many charitable causes in their communities.  They are all local superheros who deserve to honored.

That’s why it’s been a challenge to pick our top 20. We have narrowed it down to 5 finalists from each region: Midwest, Northeast, South and West.

Now it’s your turn to give back to these outstanding attorneys.  Help us pick the winners!

Click here to vote!

Remember, each of the four winning attorneys will get a $500 grant to their charity of choice, so they can keep giving back.

Voting is open until March 1.  Please use the twitter hashtag #RLAotY when singing the praises of your favorite finalist.

Related articles

• Attorney of the Year Finalists to be Announced at Sociable Lawyer Premiere Event (sociablelawyer.org)
• Know a Great Lawyer? Send us your Nomination for Attorney of the Year (insider.rocketlawyer.com)
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Get the big picture in our infographic below. You can also view as a pdf.

lated articles

• So You’ve Incorporated. Now What? Three Important Legal Documents Your Business Needs (press.rocketlawyer.com)
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• 5 Small Business Tax Tips for 2012: Start Planning Now for a Prosperous New Year (press.rocketlawyer.com)

Pictures like this one are exactly what you want to avoid

Since their creation, social networking sites have become a prevalent part of life. Whether used for business or pleasure, it is hard to find someone who is not on at least one social networking site. These sites may seem like nothing but a positive thing, but they can, in all actuality, cause a lot of harm when it comes to your personal injury suit.

Social networking sites can be very telling. In addition to the info page that tells you the person’s likes and interests there are photos and status updates that paint a portrait of who someone is. When this information falls into the wrong hands, however, it can be twisted into something else. When pursuing a personal injury claim the defense attorney or opposing insurance company want to prove that your claim is invalid in order to reduce or eliminate the amount of money you receive.

The very first thing someone should do after filing a claim is suspend all of their social networking sites until the case is closed or settled. Many fail to realize just how much information they post on sites like Facebook and Twitter that can be used against them in a lawsuit.

Why social networking is so bad for your claim:

• Status updates: We have all done it: posted a status about our day or something that’s bothering us. When involved in a personal injury case, something as innocent as posting a status about a sore back three years ago becomes ammo to dispute your claim that you suffered a back injury from a car accident.

• Photos: If you are involved in a case involving an injury, let’s say you broke your arm, then you post a picture or are tagged in a picture doing something that you shouldn’t be able to do with a broken arm—or a picture that could be conceived that way—you just gave the defense a powerful piece of evidence to help disprove your claim.

• Any other personal information you’ve shared can be used against you: It is best to remove the site completely because after having been on a social networking site like Facebook or Twitter for years you may not even remember the personal information you put out there that could work to your disadvantage.

This is meant to be a warning rather than a scare tactic. The reality of a personal injury case is that insurance companies will go to great lengths to find dirt on you. Most people have used social networking sites to learn more about someone. For example, say you met someone while at a party. You think you are interested in getting to know them more, but you’re not sure. What are you going to do? You will look them up online and dissect all the information you find.

The same strategy is used by the insurance companies and opposing attorneys. They know what a useful source social networking sites are. This is only getting worse as people become more and more comfortable sharing personal information online. It has gotten to the point where some people have no qualms posting everything they do in a day, digitally recording their every move.

If you are involved in a personal injury claim you should speak with a local accident attorney immediately about how your social networking profiles can affect your case. It is better to protect yourself from the prying eyes of the insurance companies than to have something you posted online, that was unrelated, used against you.

About the Author

Richard P. Console Jr. is a New Jersey personal injury attorney who has been protecting the rights of injury victims for 17 years.

Related articles

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Keeping your small business compliant can be difficult if you don't have the right road map.

Starting your own small business is an exciting yet daunting experience, and — as any small business owner knows — there’s never enough time to get everything done. If you’re spending your time juggling employees, clients, and family, it’s understandable that sometimes the legal stuff ends up at the bottom of your to-do list.

Nonetheless, you know that it’s good for you and your business to incorporate. You’ve taken that first big step and formed a C-Corp, S-Corp, or an LLC. That’s great!  But many people just stop there. They shouldn’t. After all, if you neglect other key documents you should create soon after incorporating your business, you could face expensive legal issues as your company grows.

Here are three such documents that should be created for recently incorporated companies. Being diligent about these can save you tons of hassle (and money) in the long run.

Bylaws

What are Bylaws?

Put simply, Bylaws are the operational blueprint for your company.  If your business is a C-Corp or S-Corp, you’ll need them and if your business is an LLC, you’ll need an LLC Operating Agreement, which is similar. They state the internal purpose or mission of the business.  The Bylaws may also contain information concerning the rights of shareholders, directors, and officers, identifying information, and corporate name protection.

Why do You Need Bylaws?

Banks and other businesses are much more likely to lend or partner with you if you can provide them copies of your Bylaws.  Bylaws are also necessary to address problems that may arise within the company (like a director voting on an issue he has direct financial interest in).  They act as a kind of legal backbone, in other words. Plus, your corporation does not technically exist until your Bylaws are adopted, and without them, you may not have the shield of limited liability protection if your company is sued.

Rocket Lawyer makes it easy to start writing your Corporate Bylaws today.

Buy-Sell Agreement

What is a Buy-Sell Agreement?

The Buy-Sell Agreement is akin to a prenuptial agreement, except for your business. Basically, it ensures continuity of ownership if you or a co-owner dies or has to leave the business voluntarily or involuntarily.

Why do You Need a Buy-Sell Agreement?

Getting a Buy-Sell Agreement is important to a business’s long-term plans.  Business can be interrupted or even halted when a co-owner leaves, either due to death or another reason, and the remaining owners are left to figure out who will fill the void. These situations can lead to lengthy internal legal disputes.  Examples include an owner leaving his or her share of a company to someone the other owners consider to be a disreputable family member, or even a divorce can cause havoc when an ex-spouse suddenly becomes a company owner against the wishes of the other owners.

Rocket Lawyer provides a free, easy-to-complete Buy-Sell Agreement. Protect your business tomorrow by getting started today.

Corporate Minutes

What are Corporate Minutes?

Corporate Minutes are your business’s records of decision making at board or shareholder meetings.  Corporate Minutes are private records that provide a concise, clear method of organizing information from prior meetings.

Why do You Need Corporate Minutes?

Corporate Minutes are a government requirement.  Keeping accurate minutes can save your company a lot of professional fees later when trying to piece together your business history.  They contain crucial information — such as the appointment of directors — as well as stock records and are admissible in court as proof your company acted in the best interests of its shareholders.

Rocket Lawyer makes it easy to record your Corporate Minutes for all your important meetings.

In addition to the above documents, you may also need to keep other records when starting your business, including those pertaining to business insurance and employee agreements.  You can visit our Corporate Compliance Center to get corporate compliance documents and maintain your legal protection or check out our Business Help section for more information to keep your company safe and legally secure.

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Well, according to recently spurned Phonedog.com, about $340,000.

Lately, we’ve been fascinated by the case of Noah Kravitz, an ex-employee of the aforementioned mobile phone site, and his erstwhile employer. During his four years at the company, Noah, under the Twitter handle @Phonedog_Noah, amassed some 17,000 followers. When he finally quit in 2010, he took his handle and those followers with him, and though he eventually changed his twitter address to @NoahKravitz, he kept his audience.

And Phonedog isn’t happy about it. Valuing each follower at $2.50, they’re asking for damages, alleging that the 17,000 people are essentially a digital rolodex. While writing and podcasting about this last week, we predicted that the sides will essentially settle out of court, sparing us — at least for the time being — a precedent on the value of a Twitter follower.

But even if the case does go to court, there’s no reason you or your company needs to worry about it if you take the right precautions. By claiming ownership over the followers your employees gain on company accounts, you can avoid ending up in the sort of sticky (and time-consuming) legal matter in which Phonedog and Mr. Kravitz now find themselves.

The solution is simple.  Ask your employees to sign a Social Media Policy, where you can spell out exactly who owns your social fan base, as well as solidify the rules about what your employees can and cannot say on social media. Believe it or not, there are already well-established laws on the books. For example, according to the Federal Trade Commission, your employees must always disclose any “material connection” between themselves and your company, even in their off hours. (So I could write something like “Rocket Lawyer is the best company ever,” so long as I made sure to mention, “of course, I should know: I work there.”)

But what about independent contractors?  How about employment agreements? We have you covered there too.  We’ve included similar language in our Independent Contractor Agreement, Employment Agreement, and Employee Handbook. It might not seem like a big deal to you now, but remember: no less than five years back, Facebook was just a place for baby pictures; Twitter didn’t even exist. Now, you can find nearly every Fortune 500 company on both.

If you don’t have a Social Media Policy in place, take a few minutes and get it done. Remember, smart companies don’t just solve problems after they arise; they avoid them before they even start.

And we’d like to ask you a little favor.  Since the idea of a Social Media Policy is so new, please help us spread the word! If you like our new Social Media policy, please tell your friends on Twitter and Facebook.  They’ll thank you!

Related articles

• Do You or the Boss Own Your Twitter Followers and What are they Worth? (legallyeasy.rocketlawyer.com)
• Experts: Twitter account case may blaze new trails in social media law (cnn.com)
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Push the button on the right. Come on, Congress. You know you want to.

With their approval rating at a feeble 9%, you’d think that Congress would put aside their differences and vote through an extension of the payroll tax cut set to cost the average American an extra $1000 next year.

Unfortunately, you’d be wrong.

As we stand today, the payroll tax cut (which affects 160 million American workers) is set to expire on the first of January. In other words, Congress’s “Happy New Year” gift for the country will be a smaller paycheck for workers and a smaller bottom line for businesses.

So what is the payroll tax? How did we get to this impasse? And what does the impasse mean for workers and businesses? Let’s take a look.

[UPDATE]: Looks like Washington came to their senses. The payroll tax cut has been extended for two months, so your taxes next year, at least till March, should look the same. Still, what’s below remains valid, should Congress resume squabbling.

The Payroll Tax

The short answer: 4.2% of your paycheck if we keep the extension. 6.2% if we don’t.

The payroll tax, as we wrote last week, is “a tax imposed on employers and employees by the federal government; it comes in the form of  income withholding, social security and medicare, and unemployment taxes all bundled up.” Right now, 4.2% of your paycheck is withheld for this tax. If Congress does nothing and the tax cut expires, effectively, your taxes will be raised. That means 6.2% per paycheck or, as mentioned, an average of $1000 a year for every working American.

How We Got Here

The short answer: partisan brinksmanship.

Without rehashing too much of the bureaucratic maneuvering and silly he-said, she-said politics, the Democrat-controlled Senate is pushing for a two-month extension of the cuts while the Republican-led House is hoping for a year-long extension. You read that right: both houses of Congress want to extend the cuts but can’t agree on how long and how exactly to do so.

If you’re curious about the 9% approval rating, there’s your answer.

Both sides are busy calling each other names and President Obama is asking for them to get together and work things out. On Tuesday, we’re left hoping with him.

What It Means For Workers

The short answer: less discretionary income.

While Congress haggles over long-term policy and the length of the cuts, American workers are just 11 days away from seeing an ever larger portion of their income sliced out of their paycheck. Meanwhile, millions more Americans currently getting unemployment benefits could also lose their safety net if the sides refuse to settle their differences.

What It Means For Businesses

The short answer: continued uncertainty.

Many businesses feel that the extra $1000 for workers and everyday Americans means those folks will likely put that money back into the economy. Since discretionary spending — spending on things like a nice dinner out, a movie, or a luxury item like a new television — dips when people have less money, the additional taxes paid by Americans could presumable hurt business’ ability to both hire new employees and be successful in the first place.

Now, granted, people will still spend money. But if they have less, they’ll spend less.

Some business leaders are pushing for the year-long extension of the cuts. They argue that the year gives Americans a real plan and lets them budget accordingly, instead of kicking the proverbial can down the road and re-visiting the cuts again in two months.

–

In other words: business wants this. Working Americans will save money. And Congress agrees we need action and wants to extend the tax cut.

But as we stand now, we’re not getting two months or a year of the payroll tax extension. We’re getting the same old song and dance from a wildly unpopular Congress that seems less and less interested in solving problems. We’re left wondering how much we’ll be paying in taxes and if Americans will have money to spend.

We’re hoping they’ll come to their senses and work things out. The optimist is us says they will.

Either way: we’ll keep you updated.

Related articles

• Wait, Why Are Republicans Against The Payroll Tax Cut Again? (businessinsider.com)
• House Rejects Senate’s Temporary Payroll Tax Cut Bill (outsidethebeltway.com)
• Payroll Tax Battle Absorbs Ideological Issues (legallyeasy.rocketlawyer.com)

Feel free to have a little more fun that these folks.

It’s December and, if you’re like most American businesses, ‘tis the season for your company’s holiday party. And although a chance for banter and merriment with your employees is always a good idea, sometimes, what they do at your yearly soiree could leave them with a lump of coal in their inbox the next morning.

Now, we don’t want to be humbugs. No one should spend their few hours at the company party fretting over whether to have that second drink. We should all have fun and, by all means, cut a rug. But if you and your employees make sure to follow the five tips below, everyone can be sure to stay off the HR Director’s naughty list.

1. Make Sure You’re Driving the Sleigh

The biggest legal mistake small businesses make is not getting an agreement in writing. When you’re planning your party make sure you have contracts with all of your holiday vendors from the DJ to the caterer that clearly states payment and cancellation policies.

2. Don’t Get Caught Underneath the Mistletoe

According to a recent survey from the Caron Treatment Centers, 30% of people who attended a work-related outing have seen someone flirt with a co-worker or supervisor. Make sure you have a game plan in place for how to handle inappropriate behavior that could potentially lead to a sexual harassment claim when the eggnog starts flowing.

3. Check Your List Twice

Often times event spaces will require you to release them from liability at a holiday party. If something happens, like someone slips while dancing around the Christmas tree, you need to have liability insurance to cover it. Check with your current business insurance policy to see if it’s something your current plan will cover, or if you need a special rider.

4. Keep an Eye on the Eggnog

If alcohol is served at a company event, small business can be liable for accidents that happen on the way home. It’s wise to offer cabs and coordinate designated drivers in advance of the party to protect everyone’s safety.  Also consider serving food, and limit the amount of the time the bar is open to keep things from getting too jolly.

5. Get a Gift from Uncle Sam

Expenses for your holiday party should be tax deductible, as long the party isn’t overly lavish or wholly unrelated to work activities. But stay organized and keep those receipts…you never know when you might run into a grinch-like IRS agent who doesn’t share your holiday spirit.

Be safe out there, everyone. And have a great holiday season.

Related articles

• 5 Small Business Tax Tips for 2012: Start Planning Now for a Prosperous New Year (press.rocketlawyer.com)
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