Archive for Blog

Ohio Man Violates Non-Compete – Pays $1,339,457 in Damages

Monday, July 12th, 2010

On March 31, 2010 the Northern District of Ohio Federal Court held that Kenneth Bryant was in violation of a non-compete agreement with his former employer, Century Business Services, Inc. (“CBIZ”).  The employer had legitimate business interests to protect, which resulted in Bryant paying the cost for violating the non-compete agreement.
CBIZ provides business services to [...]

Former Ohio Employee Pays $139,521 for Violating Non-Compete Agreement

Tuesday, June 8th, 2010

On April 30, the Court of Appeals in Hamilton County upheld a non-compete agreement prohibiting Michael E. Bustle from competing with Mitchell’s Salon & Day Spa, Inc. for a period of one year.
Mr. Bustle was hired at Mitchell’s, a high-end beauty salon in the greater Cincinnati area, soon after graduating from cosmetology school.  At the time [...]

Naming Your Business and Everything That Goes With It

Thursday, May 6th, 2010

What is a name reservation?
If you are not yet ready to incorporate or form an LLC, partnership, or a corporation,  but would like to reserve your business name for future use, you can choose to file a name reservation (costing $50 in Ohio).  Filing a name reservation will prevent another company from forming in [...]

Revisiting Your Choices: S Corporation or LLC in Ohio

Wednesday, May 5th, 2010

For many small business owners, choosing whether to form a Corporation or a Limited Liability Company (LLC) is one of the very first decisions to be made.  In order to decide which choice is best for your small business, it is essential to understand the differences between a Corporation and an LLC.  In this article, [...]

The Ohio Supreme Court Reduces CSPA Protections

Thursday, April 29th, 2010

Due to an Ohio Supreme Court decision on a car sales case, the Ohio Consumer Sales Practices Act (CSPA) now offers consumers less protection.  The CSPA, which was enacted to protect consumers from unfair, deceptive and unconscionable acts or practices by suppliers, has been narrowed by the Court so that a consumer can no longer [...]

The Consumer Sales Practices Act Penalties

Tuesday, April 27th, 2010

Suppliers who take actions that are unfair, deceitful, or unconscionable or who fail to comply with the deposit requirements of the CSPA may be subject to extensive penalties.
A consumer who wins in an action against a supplier under the CSPA can choose from two remedies.  First, the consumer can choose to undo the contract, surrender [...]

What is the Ohio Consumer Sales Practices Act ?

Friday, April 23rd, 2010

The Ohio Consumer Sales Practices Act (CSPA)  protects consumers from unfair, deceptive and unconscionable acts or practices by suppliers.  The Act specifies which business practices are legal or illegal, including what businesses can and cannot say in advertisements.  It also describes what the Attorney General can do when businesses break the law.
What qualifies as a [...]

New Tax Laws For Ohio Small Businesses

Thursday, April 22nd, 2010

With April 15 behind us, and the 2009 tax season over for most small business owners, it’s time for business owners to think about next year’s taxes – especially in light of the wide variety of new tax rules designed to benefit owners of businesses.  There are three major new tax rules of which small [...]

What You Need To Know About Starting A Small Business – Part 4: What is a Corporate Veil and How Can I Keep It From Being Pierced?

Monday, April 19th, 2010

Most companies choose to form a legal entity – whether a limited liability company, corporation, or otherwise – for the avoidance of personal liability to the shareholders or members.  In other words, the personal assets of the company’s owner – including homes, cars, savings, and possessions – are not at risk [...]

What You Need To Know About Starting A Small Business – Part 3: What is an Operating Agreement?

Thursday, April 15th, 2010

An Operating Agreement is an agreement among LLC Members that governs the LLC’s business as well as member’s financial and managerial rights and duties.
Many states require an LLC to have an Operating Agreement, however Ohio is not one of those states.  LLCs that operate without an Operating Agreement are governed by the state’s default rules [...]