In the complex world of business, legal issues are inevitable. From formation to operation and beyond, businesses encounter a myriad of legal challenges that require expert guidance and representation. This is where the indispensable role of a business lawyer comes into play.

A business lawyer is a legal professional who specializes in providing advice and representation to businesses of all sizes and industries. Their primary objective is to help businesses navigate the legal landscape, protect their interests, and ensure compliance with laws and regulations. From startups to established corporations, business lawyers play a crucial role in helping businesses thrive and succeed.

One of the key responsibilities of a business lawyer is to assist with business formation and structuring. Whether it’s establishing a sole proprietorship, partnership, limited liability company (LLC), or corporation, choosing the right business structure is critical for long-term success. Business lawyers provide guidance on the legal implications of each structure, helping entrepreneurs make informed decisions that align with their goals and objectives.

Business lawyers from Volpe Law LLC draft and review contracts and agreements essential to business operations. From employment contracts and vendor agreements to lease agreements and partnership agreements, businesses rely on these legal documents to define relationships, protect assets, and mitigate risks. Business lawyers ensure that contracts are legally sound, enforceable, and in the best interests of their clients.

In addition to contract drafting and review, business lawyers provide advice and representation in matters such as mergers and acquisitions, intellectual property protection, and regulatory compliance. Mergers and acquisitions involve complex legal and financial considerations, and business lawyers play a crucial role in negotiating deals, conducting due diligence, and ensuring compliance with antitrust laws and regulations.

Furthermore, intellectual property protection is paramount for businesses seeking to safeguard their innovations, trademarks, and copyrights. Business lawyers assist with trademark registration, patent applications, and copyright protection, helping businesses protect their intellectual property assets and prevent infringement.

Regulatory compliance is another area where business lawyers provide invaluable support. Businesses must navigate a myriad of federal, state, and local regulations governing their industry, from environmental regulations to labor and employment laws. Business lawyers help businesses understand their legal obligations, develop compliance strategies, and navigate regulatory investigations and enforcement actions.

One of the most valuable services provided by business lawyers is their ability to provide strategic advice and representation in legal disputes. From contract disputes and employment lawsuits to shareholder disputes and business torts, businesses may find themselves embroiled in legal conflicts that threaten their reputation and bottom line. Business lawyers work tirelessly to resolve disputes through negotiation, mediation, or litigation, advocating for their clients’ interests and achieving favorable outcomes whenever possible.

The role of a business lawyer is indispensable in helping businesses navigate the complex legal landscape and achieve their goals. From formation to operation and beyond, business lawyers provide invaluable guidance and representation, ensuring that businesses can thrive and succeed in an increasingly competitive marketplace. If you’re a business owner facing legal challenges or seeking strategic advice, don’t hesitate to seek the assistance of a qualified business lawyer who can provide the expertise and support you need to achieve success.

Is There Still Time To Apply For The Employee Retention Credit (ERC)?

The Employee Retention Credit (ERC) was developed to soften the economic blow delivered by the COVID-19 pandemic. Due to the overwhelming (2.6 million claims as of July) and often fraud-filled response, the IRS stopped reviewing applications through the end of 2023, though you can still apply for the credit.

What Is The ERC?

The ERC was part of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, which passed Congress in March 2020. Employers can seek relief for maintaining employees during 2020 and 2021. This isn’t a loan. It’s a refundable payroll tax credit, so there are no repayments. A lawyer, like a business litigation lawyer from a law firm such as Focus Law LA can tell you that though the ERC expired in September 2021, businesses can file retroactive claims until April 15, 2024 (for 2020 claims) and April 15, 2025 (for 2021 claims). You can correct your past application by filing IRS Form 941-X for eligible quarters if you meet the given deadlines.

Can My Business Get This Tax Credit?

You may qualify for it if you can show:

• A significant decline in your gross receipts in a calendar quarter compared to the same quarter in 2019. This is an objective and straightforward calculation for eligibility 
• You fully or partially shut down due to a government order. You may have been approached or used a service to help you qualify for this more subjective approach. They may be very aggressive with questionable legal positions to help employers qualify. This may subject your application to an audit. These types of applications caused the IRS to stop processing new claims while they examine existing ones

If you plan to seek the credit due to a government shutdown, consult an accountant or attorney with expertise in this area, not on a service that charges a percentage of your expected credit.

Using a government order to justify a credit may cause problems because it may be tough to document for businesses considered “essential” during the pandemic, and employers must show a clear link from a government order to a negative operational impact. Your business must have suffered a “more than a nominal impact” due to the government order. This may be difficult to prove, but it hasn’t stopped many from trying.

The IRS will look closely at how you demonstrate how your company was affected by a government order. You won’t get the credit by providing a vague narrative lacking detail. The fact that you saw a drop in customer demand won’t be enough. 

Fraudulent Applications Clog The Tax Credit Pipeline

The IRS stated on September 14 that they started a moratorium on processing new applications, and it’s supposed to conclude by the end of December. Their press release states:

“IRS Commissioner Danny Werfel ordered the immediate moratorium…following growing concerns inside the tax agency, from tax professionals as well as media reports that a substantial share of new claims from the…program are ineligible and increasingly putting businesses at financial risk by being pressured and scammed by aggressive promoters and marketing.”

The agency announced in July it was shifting its focus to reviewing claims for compliance concerns, intensifying its audit work and criminal investigations on promoters and businesses filing false claims. They claimed hundreds of criminal cases were being considered, with thousands more applications being referred for audits. 

If you are interested in seeking this credit or have questions about it, consult with an accountant or attorney you can trust to guide you through this process.

When it comes to personal injury cases, one of the most crucial elements is proving negligence. At Brown Kiely LLP, we have extensive experience in handling such cases, guiding our clients through the complex legal maze to establish negligence and secure the compensation they deserve. As a leading Bethesda, MD law firm, we understand the nuances involved in these cases and are dedicated to providing the best legal representation.

Understanding Negligence In Legal Terms

Negligence is a fundamental concept in personal injury law. It refers to a situation where someone’s careless or reckless behavior causes harm to another person. To establish negligence in a legal setting, four key elements must be proven: duty, breach of duty, causation, and damages.

Identifying The Duty Of Care

The first step in proving negligence is to establish that the defendant owed a duty of care to the plaintiff. This duty varies depending on the situation. For instance, drivers have a duty to operate their vehicles safely, while business owners are obliged to maintain a safe environment for customers. Identifying this duty is essential for laying the foundation of a negligence claim.

Establishing A Breach Of Duty

Once the duty of care is established, the next step is to demonstrate that the defendant breached this duty. This breach could be an action taken or a failure to act. For example, a driver running a red light or a store owner neglecting to clean up a spill. We meticulously gather evidence to prove that the defendant’s actions or inaction breached the duty of care.

Linking The Breach To The Injury

After establishing a breach of duty, it must be proven that this breach directly caused the plaintiff’s injuries. This causation is often where personal injury cases become intricate. We work to show a clear link between the defendant’s actions and your injuries, often relying on medical records, expert testimonies, and accident reconstruction.

Quantifying Damages

The final element to prove is damages. This doesn’t just refer to physical injuries; it also includes emotional distress, loss of income, and other impacts on the plaintiff’s life. Documenting these damages is critical in ensuring that our clients receive fair compensation. As experienced personal injury lawyers, we understand the importance of a thorough and detailed presentation of damages.

The Role Of Comparative Negligence

In some cases, the concept of comparative negligence may come into play, where the plaintiff’s actions contributed to their injuries. Understanding and navigating these scenarios requires skilled legal expertise. Our firm carefully analyzes all aspects of the case to strategize the best approach for our clients.

At Brown Kiely LLP, we are committed to providing our clients with exceptional legal representation in personal injury cases. We understand the challenges involved in proving negligence and are dedicated to advocating tirelessly on behalf of our clients.

Proving negligence in personal injury cases is a complex process that requires a deep understanding of the law and meticulous preparation. Whether you’re dealing with a car accident, slip and fall, or any other injury caused by someone’s negligence, having a knowledgeable and experienced legal team on your side is essential. At Brown Kiely LLP, we strive to ensure that our clients receive the justice and compensation they rightfully deserve.

The Importance Of Physical Therapy After A Car Accident

A car accident can be a traumatic experience, leaving individuals with physical injuries, emotional distress, and a profound sense of vulnerability. While seeking legal representation is a crucial step in dealing with the aftermath, it’s equally essential to focus on your physical well-being. Physical therapy, often an overlooked aspect of recovery, can play a pivotal role in helping you regain your health and quality of life after a car accident.

Understanding The Impact Of A Car Accident On Your Body

Car accidents can result in a wide range of injuries, from minor bruises and sprains to more severe conditions like fractures, whiplash, and soft tissue injuries. Regardless of the severity of your injuries, the trauma of a car accident can have long-lasting effects on your physical health.

Why Physical Therapy Matters

Physical therapy is a specialized form of healthcare that focuses on rehabilitating and improving physical function. Here’s why it’s essential after a car accident:

Pain Management

Injuries sustained during a car accident can lead to chronic pain. Physical therapists are trained to assess and treat pain through a combination of exercises, manual therapy, and modalities such as heat or ice. Their goal is to alleviate pain and help you regain mobility.

Restoring Mobility and Functionality

Car accidents can limit your range of motion and make it challenging to perform daily activities. Physical therapists work to restore your mobility and functionality by designing personalized exercise programs that target your specific needs.

Preventing Long-Term Complications

If left untreated, car accident injuries can lead to long-term complications. Physical therapy can help prevent these complications by addressing the root causes of your pain and discomfort.

Enhancing Strength and Coordination

Through targeted exercises, physical therapists help you regain strength and coordination, ensuring you can return to your normal activities with confidence.

Working Hand in Hand with Legal Representation

Physical therapy can also play a crucial role in supporting your personal injury claim. Thorough medical documentation, including records of your physical therapy sessions, can strengthen your case. Your lawyer, like a car accident lawyer, can coordinate with your healthcare providers to ensure that your legal and medical needs are aligned. Your lawyer may also be able to fight for compensation to cover your physical therapy sessions.

Taking The First Steps Toward Recovery

If you’ve been involved in a car accident, the road to recovery may feel daunting, but remember that you don’t have to navigate it alone. Seeking immediate medical attention and following a prescribed physical therapy plan can significantly impact your healing process. 

Our friends from Cohen & Cohen know that legal measures and recovery go hand-in-hand. Your lawyer can guide you through this journey, helping you regain your health, well-being, and peace of mind. Physical therapy is a critical component of your recovery after a car accident. It’s a path toward pain relief, mobility restoration, and long-term well-being. By prioritizing your physical health, you’re not only investing in your future but also ensuring that you have the best chance for a full recovery. Schedule an appointment now. 

Understanding the cost of litigation is crucial for anyone considering legal action. The price of pursuing a case in court can be significant, and it’s essential to weigh the financial implications before proceeding. In this blog post, we’ll break down the different costs associated with litigation to help you make an informed decision.

One of the primary expenses in litigation is attorney’s fees. These can vary widely depending on the complexity of the case, the experience of the attorney, and the region in which you live. Some attorneys charge by the hour, while others work on a contingency fee basis, meaning they take a percentage of any settlement or award you may receive.

In addition to attorney’s fees, there are also court costs and fees to consider. Filing fees, the cost of serving documents, and other miscellaneous charges can add up quickly. Furthermore, if your case goes to trial, there may be additional expenses, such as the cost of hiring expert witnesses, court reporters, and more.

Another factor that can impact the cost of litigation is the length of the legal process. A case that is settled quickly will generally be less expensive than one that drags on for months or even years. The complexity of the case and the willingness of the parties to negotiate and reach a settlement can also play a role in determining the overall cost.

When it comes to Maryland litigation law firm we have extensive experience navigating the legal landscape and can provide valuable insight into the potential costs of your case. Our team of expert attorneys will work with you to develop a strategy that meets your needs and budget, ensuring you have a clear understanding of the financial implications before proceeding.

It’s also worth noting that the emotional toll of litigation should not be underestimated. The stress and uncertainty of the legal process can be overwhelming, and it’s essential to consider the potential impact on your mental and emotional well-being.

Despite the potential costs, there are also many benefits to pursuing litigation. A successful legal action can result in financial compensation, justice, and accountability. It’s important to weigh the potential rewards against the costs and consult with an experienced attorney to help guide you through the decision-making process.

The cost of litigation can be significant, but it’s essential to have a clear understanding of the potential expenses before proceeding. Attorney’s fees, court costs, and the length and complexity of the legal process can all impact the overall cost. Consulting with an experienced attorney can provide valuable insight and help you make an informed decision.

Let’s partner together to navigate the complexities of the legal landscape. At Brown Kiely, LLP, we have a team of experienced attorneys ready to provide the support and guidance you need to make informed decisions about your case. We understand the financial implications of litigation and will work with you to develop a strategy that meets your needs and budget. Reach out to us today to learn more about how we can assist you in achieving your legal goals.

Choosing the right nursing home lawyer is an essential step in ensuring the well-being and protection of your loved ones. When you place a family member in a nursing home, you are entrusting their care and safety to the facility and its staff. Unfortunately, cases of neglect and abuse in nursing homes are far too common, and it’s vital to have a competent and experienced lawyer to advocate for your loved one’s rights.

When looking for a nursing home lawyer, the first thing to consider is their experience and specialization in nursing home law. A lawyer with extensive knowledge and experience in this specific field will be better equipped to handle the complexities of nursing home abuse and neglect cases. They will also be more familiar with the state and federal regulations governing nursing homes, as well as the common signs and symptoms of abuse and neglect.

The next factor to consider is the lawyer’s reputation. Look for a lawyer with a strong track record of successful cases and satisfied clients. You can ask for references from past clients or read online reviews to get an idea of the lawyer’s reputation. A good nursing home lawyer will have a positive reputation in the legal community and a history of holding nursing homes accountable for their actions.

Communication is another crucial aspect to consider when choosing a nursing home lawyer. The lawyer should be accessible and responsive and should keep you informed about the progress of your case. You should feel comfortable asking questions and raising any concerns you may have. A good lawyer will take the time to explain the legal process and keep you informed every step of the way.

The location of the lawyer is also an important factor to consider. You should look for a nursing home lawyer who practices in your area. This will make it easier for you to meet with the lawyer in person and will also ensure that they are familiar with the local laws and regulations. For example, a Baltimore, MD nursing home lawyer will be well-versed in the specific laws and regulations that govern nursing homes in the state of Maryland.

In addition to these factors, you should also consider the lawyer’s fees and payment structure. Some nursing home lawyers work on a contingency basis, meaning they only get paid if you win your case. Others charge by the hour or have a flat fee. Be sure to discuss the lawyer’s fees and payment structure before hiring them to ensure that you are comfortable with the arrangement.

Once you have considered all of these factors, you will be well-equipped to choose the right nursing home lawyer for your needs. It is important to remember that your loved one’s well-being and safety are at stake, and the right lawyer can make all the difference in holding the nursing home accountable and securing the justice your loved one deserves.

At Brown Kiely, LLP, we understand the importance of choosing the right nursing home lawyer to protect your loved ones. We have a team of experienced and compassionate nursing home lawyers who are dedicated to advocating for the rights of the elderly. Our lawyers have a strong track record of holding nursing homes accountable and securing justice for our clients. We are here to support you and your loved ones every step of the way, and we invite you to reach out to us for a consultation. Together, we can ensure that your loved ones receive the care and protection they deserve.

Litigation lawyers play a critical role in safeguarding businesses from the numerous legal challenges they face in today’s complex commercial environment. Whether it’s a contract dispute, intellectual property infringement, or an employment-related issue, having the right legal counsel is crucial to navigating the turbulent waters of the business world.

When it comes to selecting a litigation lawyer, it’s important to find someone with the right experience and expertise to handle your specific needs. In the state of Maryland, for example, Maryland commercial litigation lawyer professionals are well-versed in the local laws and regulations that can impact businesses operating in the area. They bring a wealth of knowledge and experience to the table, ensuring that their clients are well-protected against any potential legal threats.

One of the key benefits of hiring a litigation lawyer is that they can provide valuable advice and guidance when it comes to mitigating legal risks. They can help you identify potential areas of concern and develop strategies to minimize your exposure to legal problems. This proactive approach can save you time, money, and stress in the long run, allowing you to focus on running your business.

Another critical aspect of a litigation lawyer’s role is representing your business in court. If a dispute does arise, your lawyer will be there to fight for your interests and work to secure a favorable outcome. They have the skills and experience necessary to navigate the legal system and present a compelling case on your behalf.

When looking for a commercial litigation lawyer, it’s important to consider their track record of success. Look for someone with a proven history of delivering positive results for their clients. Ask for references and talk to other business owners who have worked with the lawyer in the past. This will give you a sense of their reputation and the level of service they provide.

It’s also important to find a lawyer who takes the time to understand your business and its unique needs. A good litigation lawyer will work closely with you to develop a personalized legal strategy that aligns with your business goals and objectives. They should be responsive, communicative, and willing to go the extra mile to ensure your business is protected.

In addition to their legal expertise, a good commercial litigation lawyer will also have strong interpersonal skills. They should be able to build relationships and communicate effectively with clients, opposing counsel, and the court. This is essential in achieving a positive outcome in any legal dispute.

Ultimately, the goal of a litigation lawyer is to protect your business and help it thrive. They are your partners in navigating the complex legal landscape, and their expertise can be invaluable in ensuring your business is well-protected against any potential threats

Hiring a commercial litigation lawyer is a wise investment for any business owner. They bring a wealth of knowledge and experience to the table, and their expertise can be invaluable in safeguarding your business from legal challenges. When selecting a lawyer, be sure to consider their track record, communication skills, and understanding of your business’s unique needs. With the right legal counsel on your side, you can focus on running your business with confidence, knowing that your interests are well-protected.

At Brown Kiely, LLP, we understand the importance of having a strong legal partner to safeguard your business. Our team of experienced commercial litigation lawyers is here to help you navigate the complexities of the legal system and protect your business from any potential threats. Let’s work together to secure your business’s future and ensure its continued success. Contact us today to learn more about how we can help you.

Nursing home abuse is a serious issue that can have significant consequences for the health and well-being of elderly residents. Unfortunately, this type of abuse can be difficult to detect, as the signs are often subtle or overlooked. It is essential for family members and loved ones to be aware of the potential indicators of abuse and know how to take action if they suspect that their loved one is being mistreated. It is important to recognize and discuss some common signs of nursing home abuse and what you can do if you suspect your loved one is a victim.

Physical abuse is one of the most apparent forms of nursing home abuse. This can include hitting, slapping, or pushing residents, as well as using unnecessary physical restraints. Signs of physical abuse can include unexplained bruises, cuts, or broken bones. 

Emotional abuse is another form of nursing home abuse that can be more challenging to detect. This can include yelling, threatening, or belittling residents, as well as isolating them from friends and family. Signs of emotional abuse can include changes in your loved one’s behavior, such as withdrawal from social activities, fearfulness, or depression. If you notice these signs, it is crucial to talk to your loved one about their experience and report any suspicions of abuse to the nursing home management and the appropriate authorities.

Neglect is another common form of nursing home abuse. This can include failing to provide necessary medical care, not assisting with personal hygiene, or not providing adequate nutrition. Signs of neglect can include weight loss, bed sores, or a general decline in your loved one’s health. If you suspect that your loved one is being neglected, it is crucial to speak with them about their experience and report any suspicions of abuse to the nursing home management as well as law enforcement. 

Financial exploitation is also a form of nursing home abuse that can be difficult to detect. This can include stealing from residents, coercing them into giving away their money or committing fraud. Signs of financial exploitation can include unexplained changes in your loved one’s financial situation, missing belongings, or new, unexplained transactions. 

When it comes to finding a Bethesda, MD law firm, it is essential to choose a firm with experience in handling nursing home abuse cases. A good law firm will have a team of experienced attorneys who are knowledgeable about the laws and regulations governing nursing homes and will be able to guide you through the legal process.

At the end of the day, it’s up to all of us to protect our elderly loved ones from abuse in nursing homes. If you suspect that your loved one is a victim of nursing home abuse, don’t hesitate to take action. Reach out to Brown Kiely, LLP, and let’s work together to ensure that your loved one is safe and receives the justice they deserve. We’re here to help you navigate the legal process and fight for your loved one’s rights.

As businesses navigate through the complex landscape of today’s commercial world, understanding and avoiding legal pitfalls becomes more essential than ever. With a myriad of regulations, contracts, and potential disputes, it’s vital to have a comprehensive legal strategy to protect your business interests.

One common legal pitfall in business involves contracts. A clearly defined and well-drafted contract is the backbone of any successful business relationship. It’s important to pay attention to the details, ensuring that all aspects of the agreement are clearly laid out and that the contract is legally binding. This can prevent disputes from arising in the future and provide solid legal ground should any issues occur. 

Another area that requires careful attention is intellectual property. Protecting your business’s unique ideas, products, or services is crucial in today’s competitive market. This involves securing trademarks, patents, or copyrights as necessary. Failing to protect your intellectual property can result in significant financial loss and can even compromise the integrity and uniqueness of your business.

Employment law is another important aspect to consider. Ensuring that you are in compliance with all relevant labor laws and regulations is essential. This includes everything from hiring practices to employee rights and termination procedures. Failing to comply with employment laws can result in costly legal battles and can harm your business’s reputation.

Furthermore, it’s important to be mindful of any industry-specific regulations that may apply to your business. Depending on the nature of your business, there may be specific laws and regulations that you need to comply with. Failure to adhere to these regulations can result in fines, and legal actions, and can even threaten the existence of your business.

In addition to these common pitfalls, businesses should also be aware of potential disputes that may arise. This can include disputes with customers, suppliers, or even within the business itself. Having clear policies and procedures in place, as well as a solid legal foundation can help prevent disputes and provide a clear path for resolution should any issues arise.

With all these potential legal pitfalls, it’s crucial to have a trusted Washington, DC business lawyer on your side. A knowledgeable business lawyer can help guide you through the complex legal landscape, ensuring that your business is protected and that you are in compliance with all relevant laws and regulations.

But how do you find the right business lawyer for your needs? It’s important to do your research and find a lawyer with experience in your specific industry and with a proven track record of success. Look for a lawyer who takes the time to understand your business and its unique needs, and who can provide personalized legal solutions to help you achieve your business goals.

Avoiding legal pitfalls in business requires a comprehensive legal strategy and a keen awareness of potential risks. By paying attention to contracts, intellectual property, employment laws, and industry-specific regulations, businesses can protect themselves from potential legal issues and ensure their long-term success.

If you find yourself in need of legal assistance or advice, we at Brown Kiely, LLP are here to help. We understand the challenges businesses face and are committed to providing personalized and effective legal solutions to protect your interests. Reach out to us and let us be your trusted partner in navigating the complex world of business law.