Legal Question in Intellectual Property in New Jersey

New LLC Legal Needs

I am starting a business that I wish to create as an LLC licensed to do business nationwide. There will be two, possibly three managing members all of whom live in different states. The business will be web-based and adminstrative functions mainly handled by software. The company will have business partners and an affiliate program. Our personnel will all be independent contractors.

Below is a listing of our legal needs that I have identified. I am seeking advice regarding whether I need one or more attorneys to carry them out and as a start-up, how can we keep our legal fees as low as feasible. Assuming that since I am starting the business and am located in NJ, this is where the business would be formed. Thank you in advance for your input.

1.LLC Business Formation

2.LLC Operating Agreement

3.NJ Certificate of Business Formation

4.NJ Business Registration

5.Partnership Agreement with other businesses

6.Affiliate Agreement

7.Client Contract

8.Independent Contractor Contract

9.Trademark Registration

10.Review of Website Terms of Service and Privacy Policy

Asked on 7/31/08, 7:52 am

2 Answers from Attorneys

Daniel Pepper Pepper Law Group, LLC

Re: New LLC Legal Needs

We handle all of these matters on a regular basis, and would be happy to discuss further with you. Please feel free to contact my office.

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Answered on 7/31/08, 10:36 am
John Corbett Corbett Law Firm LLC

Re: New LLC Legal Needs

Your needs are fairly typical for a new web-based company. Your best strategy for keeping your legal costs to a minimum at startup is to establish good communications with a lawyer who can help you, get his/her advice, and then help along the way. Your list of to-dos is fairly complete. Some of these documents may not be necessary. For the moment, the OA should have your attention.

I find that client cost is reduced if the client participates in (but does not interfere with) the drafting process. First, the lawyer has to understand your business concept. The legal advice that you get will, no doubt, modify the concept somewhat. You will then get the best results for the lowest fees if you take the time to document what you and you lawyer decide to do before the OA and your contract document are drafted. Then, give yourself and your lawyer enough time to do the documents one-by-one. That accomplishes a number of things. First, you will get documents tailored to your needs. Second, you will both have a chance to converge on a description of your business/legal concept while the documents are being drafted. That minimizes rewrites.

Starting an LLC is administratively easy. Creating a new business that will work requires more expertise and artistry. So, don't get the idea that you can cut corners too severely and still get a good product. However, if you are willing to take the time to work with your lawyer to do it right, you will be rewarded by clear sailing after things are done.

My firm handles matters of this type. If I can be of further help to you, call or email.

See also:

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Answered on 7/31/08, 11:35 am

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