The Law (In Plain English) for Restaurants and Others in the Food Industry Book

Preface -
Foreword -
Introduction -

Chapter 1: Organizing Your Business -
Sole Proprietorships
Partnerships and Joint Ventures
Limited Partnerships
Unintended Partners
Corporations
S Corporations
Limited Liability Companies
Precautions for Minority Owners
Hybrids

Chapter 2: Business Organization Checklist -
Accountant
Business Name
Business Structure: Partnership
Business Structure: Corporations and LLCs

Chapter 3: The Business Plan -
Executive Summary
History
Nature of the Business
The Market
The Competition
Source of Supplies
Management
Financial Data
The Business Plan Team

Chapter 4: Borrowing from Banks -
Starting Your Search
The Loan Proposal
Repayment
Analyzing Your Business Potential
Options for Owners of New Businesses
Lender's Rules and Limitations
Details of the Agreement
The Loan Application
Importance of Communication when Problems Arise

Chapter 5: Going Public -
Advantages of Going Public
Disadvantages of Going Public
The Initial Public Offering
Federal and State Securities Laws
The Attorney's Role
The Accountant's Role
The Banker's Role
The Underwriter's and Selling Agent's Roles
Privatization

Chapter 6: Contracts -
What Is a Contract?
Types of Contracts
Contracting Online

Chapter 7: Franchising -
Franchises
What to Look For

Chapter 8: Patents and Trade Secrets -
Patent Protection
International Patents
Trade Secrets
Patent or Padlock Dilemma
Trade Secret Protection

Chapter 9: Trademarks -
The Need for a Recognizable Mark
Prohibited Trademarks
Protecting a Trademark
Federal Registration of a Trademark
Trademark Loss and Infringement
International Protection
State Registration
Using an Attorney

Chapter 10: Copyrights -
What Can Be Copyrighted
Scope of Protection
Ownership of Copyright
Works Made for Hire
Derivative Works
Collective Works
Copyright Protection for Utilitarian Objects
Notice Requirement
Filing an Application and Depositing the Work
Period of Protection
Infringement
Fair Use

Chapter 11: Advertising -
Government Regulation
Comparative Advertising
Publicity and Privacy
Unauthorized Use of Trademark or Copyrighted Material
Geographic Locations
Trade Dress

Chapter 12: Commercial Opportunities and Activities -
Licensing Trademarks
Licensing Copyrights
Licensing Other Intellectual Property
Licensing Cautions
Consignment

Chapter 13: The Internet -
Intellectual Property Protection
Domain Names
Internet Advertising
Other Intellectual Property Issues
Server Protection
Email
Viruses

Chapter 14: Warranties and Consumers -
Elements of an Express Warranty
Implied Warranties
Disclaimers
Legal Advice Regarding Risks

Chapter 15: Product Liability -
History of Liability Law
Product Liability
Federal Laws
Think Before You Pour
Liability Insurance

Chapter 16: Business Insurance -
Expectations vs. Reality
Scheduling Property
When to Insure
Keeping the Cost Down

Chapter 17: People Who Work for You -
Independent Contractors
Employees
Employment Contracts
Other Considerations in Hiring
Hazards in the Workplace
Discrimination
Job Descriptions
Employee Handbooks
Zero Tolerance Policies
The Family and Medical Leave Act
Minimum Wage and Overtime
Tips
Termination of Employment

Chapter 18: Keeping Taxes Low -
Income Spreading
Taxes on Accumulated Earnings and Passive Investment Income
Qualifying for Business Deductions
Special Rules for Payroll Taxes on Tips
Deductions for the Use of a Home in Business
Other Professional Expenses
Travel Expenses
Entertainment Expenses
Expenses the IRS Scrutinizes
Recordkeeping
Charitable Deductions
Health Insurance

Chapter 19: Renting Commercial Space and Zoning Issues -
Who Pays for What?
Security and Zoning
Home-Based Operations

Chapter 20:Pension Plans -
Defined Benefit Plans
Designing and Documenting a Plan

Chapter 21: Estate Planning -
The Will
Disposition of Property Not Willed
Advantages to Having a Will
Estate Taxes
Distributing Property Outside the Will
Probate
Conclusion

Chapter 22: How to Find a Lawyer and an Accountant -
Finding a Lawyer
Finding an Accountant

Glossary -
Appendix: Restaurant Associations -
Index -
About the Authors