In part one of a two-part series on consumer laws, we discussed the Consumer Sales practices Act (“CSPA”) and reviewed, generally, some rules that businesses should follow to have their best shot at keeping compliant under the CSPA. However, because the CSPA is technical and nuanced and its application is somewhat complicated and very fact driven, it is typically necessary to consult with an attorney to make sure you are protected. If that option is out of reach, one way to get familiar is to seek guidance at the Ohio Attorney General’s website. 

Why you need to understand the Consumer Sales Practices Act (“CSPA”)The CSPA is a series of laws that set forth many requirements that suppliers must follow in most commercial transactions.

In Part I of Litigation – what you can expect, we discussed the first two phases of litigation, which are pleadings and discovery. The next two phases of litigation are dispositive motions and preparation for trial prep / trial.

Whether it is you bringing the lawsuit or whether you are the one being sued and finding yourself defending allegations in court, there are certain things you should understand and expect.

onfidentiality (non-disclosure) agreements can be a very important part of many transactions and professional relationships. The trick is to know when you need one, and to know under what circumstances it is appropriate to request that one be signed or to sign one yourself.

The first thing to consider is that your business itself is an asset, your share/interest in a business is an asset with independent value, completely separate from the income generated from the business.

Commercial leases are very different from residential leases. They are typically set up so tenants cover things like insurance, property taxes, and maintenance. This structure is called a triple net lease. The tenant’s ability to negotiate can be somewhat difficult because landlords often want to offer their tenants the same rates. However, the market may help tenants negotiate more favorable terms if the space in question is not highly sought after. If that’s the case, a tenant could ask for more build out money or more parking spaces or even less base rent.  Additionally, if a landlord has a need to fill a spot quickly, that can be a time to try to negotiate your best deal. 

A strategic partnership is a contract that was formed on the basis of a mutually beneficial relationship between two business entities. For example, a small business and a larger business might partner for any number of reasons, including market access, common goals, or relationship building.

The most recent stimulus relief bill contains $284 billion for a second round of loans to small businesses under the government’s Paycheck Protection Program.

When it comes to legal disputes, there’s more than one way to skin a cat.

There is nothing more satisfying or more difficult than owning your own business. Starting and operating a small business is exciting, interesting and, arguably, a complete gamble. To increase your chances of success, be brave, work hard, and develop a relationship with a good lawyer.