Empire Business Law

03/20/2024

The Telephone Consumer Protection Act applies to business owners who call leads as part of their marketing efforts in several ways:

1. Prior Express Consent: Business owners must obtain prior express consent from individuals before calling them for telemarketing purposes. This means that individuals must voluntarily provide their phone numbers and agree to receive marketing calls. Without prior express consent, making marketing calls to individuals is a violation of the TCPA.

2. Do-Not-Call List: Business owners must also respect the National Do-Not-Call Registry. They are prohibited from making telemarketing calls to phone numbers listed on the registry, unless they have obtained prior express consent from those individuals.

3. Identification and Opt-Out Requirements: During marketing calls, business owners must clearly identify themselves, their businesses, and the purpose of the call. They must also provide contact information that individuals can use to opt out of future calls. Business owners are required to honor opt-out requests immediately, and individuals have the right to request to be added to the company-specific do-not-call list.

4. Use of Autodialers: If business owners use automatic telephone dialing systems (autodialers) to make marketing calls, they must ensure that they have obtained prior express consent from the individuals being called. The use of autodialers to make unsolicited marketing calls is regulated by the TCPA.

Overall, business owners must be aware of and comply with the requirements of the TCPA when conducting telemarketing activities to avoid potential fines and legal consequences. This includes obtaining consent, respecting do-not-call lists, providing identification and opt-out options, adhering to time restrictions, and ensuring compliance when using autodialers.

In today's digital landscape, TCPA litigators are on the rise, targeting businesses for alleged violations. If your business uses telemarketers, or has received TCPA violation demand letters, contact Empire Business Law today for a free strategy session.

03/13/2024

We are happy to introduce the newest member of the Empire Business Law team. Tomás Peralta joins Empire Business Law as our new Legal Assistant. Tomás comes to us with years of experience as a lawyer in his home country of Argentina dealing with Labor, Civil, and Commercial affairs. Tomás was also an Assistant Professor of Corporate Law at the Catholic University of Santiago del Estero. In his free time Tomás enjoys playing soccer, going for a pizza with his family, and attending rock concerts with his friends.

Tomás will have an important role with Empire Business Law as he will be tasked with enhancing our clients experience both directly and behind the scenes. Tomás is fluent in English, Spanish, and Portuguese. Finding someone that was fluent in Spanish was one of the top qualifications we looked for to better serve our Spanish Speaking clients.

We are excited to have Tomás be part of our team.

01/11/2024

Having business partners can be challenging. Not only do you worry about the health of the business, but there is also the added pressure of having a relationship with people who have the ability to affect your income, goals, and aspirations.

At Empire Business Law we believe in resolving issues in a way that's best for businesses owners as well as the business itself. However, we also understand that sometimes, a partnership dispute is inevitable. In those cases, there is too much at stake for you to go it alone.

If you and your business partners aren't getting along, call Empire Business Law at 855-781-7705 and get an experienced attorney in your corner.

01/03/2024

🔍✨ Keeping a finger on the pulse of legal trends in 2024! Here are 5️⃣ key developments:

1. 🚨 ADA Litigation Surge: Small businesses face a growing wave of ADA litigation. Staying compliant is crucial! 💼⚖️

2. 💡 New Federal Requirements: Business owners, get ready! Federal mandates now require filing Beneficial Ownership Info with FinCEN. Stay informed, stay compliant. 📑💰

3. 🤖 Rise of AI: Artificial Intelligence is on the ascent, transforming legal landscapes. How will this impact our legal systems? 🤯🤝

4. 🏡 Remote Work Evolution: The remote work trend continues! What legal implications will this have on workplace norms and regulations? 🌐💼

5. 💸 Economy & Small Businesses: The economy's sway directly affects small business transactions. How will economic shifts impact buying and selling in 2024? 📈🤔

Stay informed, stay ahead! 📰🔒

12/09/2023

12/06/2023

In a land of brands, both big and small,
Here’s a cautionary tale that should be heard by all.
It’s about a man who failed to protect his brand,
There was no way to save him, without a trademark in hand.

Listen up, dear folks, in this social media spree,
Trademark protection is the key.
There’s Grinchy imposters, and businesses old and new,
They are all looking for advantages even if it means taking advantage of you.

The realm of hashtags and Twitter make people so clever
They’ll look through your profile and taint your brand forever
Empire Business Law is begging you, with wisdom so clear,
Protect your mark today, don’t live in the fear.

In a world full of thieves there is not much room for correction,
You only have those remedy when you have Trademark Protection.

Have a great Holiday Season

11/04/2023

Let's make sure everyone has a wonderful Thanksgiving this year! We are looking for sponsors to help us make our upcoming Eat & Be Well Thanksgiving event a success.

We are only 8 days away from the deadline (November 10th), so don't miss this chance to make a difference in your community. With your support, we can provide warm and healthy meals to families in need. So don't wait, become a sponsor today and help us spread the joy of Thanksgiving! 🦃 Email us at [email protected] if you are interested! 🤎

10/23/2023

Not so fun fact: Reading Contracts sucks.

Seriously, it might be the least fun you can have that doesn't include the immediacy of danger.

The unfortunate truth though is that reading and understanding the agreements you sign is really important. Like really really important.

Believe it or not there are some mentally unwell people that decided to make a living out of reading those things. We call those people lawyers (and sometimes losers). The truth is, business lawyers read so many contracts, that they anticipate problems a lot better than the average non-lawyer. You see you're not paying a lawyer just to read a contract. You are paying a lawyer to read the contract through the anticipation of potential litigation. Litigation should be the scariest L word in the dictionary for business owners next to maybe the word Lobotomy.

When entering into any agreements, leases, contracts, etc., make sure that you know everything that you may be getting into. This not only includes what you're getting today, but the potential of what can happen tomorrow. For a free consultation call (855) 781-7705.

10/20/2023

Starting January 1st, 2024, Business Owner Information reports must be filed with FinCEN. This applies to both businesses created before 2024 and new businesses. FinCEN will be asking for information about the "Beneficial Owners" of the business. Some businesses will be exempt from filing. While there will initially be a grace period, eventually there will be harsh penalties for not filing business reports. We are entering new territory. If you have any questions about what this means for your business, find out more by going to the link below.

Starting January 1 st, 2024, Business owners will have to file what is being called “Beneficial Ownership Information”, with the Financial Crimes Enforcement Network. For those who don’t know, the Financial Crimes Enforcement Network, most commonly known as FinCEN is a bureau of the U.S. Depar...

10/18/2023

The current average waiting time for trademark registrations with the United States Patent and Trademark Office (USPTO) is exceeding 14 months. The process takes even longer for filings that are done incorrectly or that are missing pertinent information when the application is submitted. Office actions also seem to be at an all time high. When filling a Trademark, make sure that it is done correctly. There are many do it yourself services that fail to analyze an application before ultimately submitting it to the USPTO. This can cost you years in securing your trademark registration. If you have any questions about the trademark application process feel free to schedule a free consultation by calling (855) 781-7705.

10/16/2023

A partir del 1 de enero de 2024, se deben presentar informes de información del propietario del negocio a FinCEN. Esto se aplica tanto a las empresas creadas antes de 2024 como a las nuevas empresas. FinCEN solicitará información sobre los "Beneficial Owners" (dueños beneficiarios) del negocio, así como de sus "Company Applicants" (solicitantes de la empresa). Algunas empresas estarán exentas de presentar estos informes. Si bien inicialmente habrá un período de gracia, eventualmente habrá duras sanciones por no presentar los informes comerciales. Estamos ingresando en un nuevo territorio. Si tienes alguna pregunta sobre lo que esto significa para tu negocio, por favor programa una consulta gratuita. Llámanos al (855) 781-7705.

#2024

10/10/2023

Starting January 1st, 2024, Business Owner Information reports must be filed with FinCEN. This applies to both businesses created before 2024 and new businesses. FinCEN will be asking for information about the "Beneficial Owners" of the business as well as its "Company Applicants. Some businesses will be exempt from filing. While there will initially be a grace period, eventually there will be harsh penalties for not filing business reports. We are entering new territory. If you have any questions about what this means for your business, please schedule a free consultation. Call us at (855) 781-7705.
#2024