Legal Resource Center

Running a business comes with tough decisions. Whether you’re securing funding, expanding your operations, protecting your intellectual property, or preparing to sell, legal clarity is everything. Without it, you’re moving forward blind. That’s why we created this resource center. Here, you’ll find practical legal insights tailored to business owners like you — articles that break down complex topics into clear, actionable guidance. No fluff, no jargon — just the information you need to make confident moves.

Below, we’ve organized our content into categories. Take a look, find what’s relevant, and get the clarity you need to move forward.

Alerts

Stay informed about new laws, court decisions, and regulatory changes that impact business owners.

Business FAQs

A collection of articles addressing frequently asked legal questions related to business operations, contracts, and compliance.

Cease and Desist Letters

You just received a cease and desist letter. Now what? Do you have to comply? Can you fight back? Or maybe you’re the one thinking about sending one — but is it the right move? Cease and desist letters can be powerful tools, but they aren’t always the right answer. Sending one at the wrong time (or in the wrong way) can backfire, and ignoring one can have serious consequences. This series breaks it all down. We’ll walk you through what these letters really mean, when they hold legal weight, and what to do, whether you’re on the sending or receiving end.

Copyright Law

Can you legally use that image you found online? What about quoting a passage from a book or using a song clip in a video? One wrong move, and you could find yourself hit with a takedown notice — or worse, a legal threat. Copyright law isn’t always black and white. There are times when you need permission, and times when you don’t. There are situations where a cease and desist letter is just a scare tactic, and others where ignoring it could land you in real trouble. This series walks you through it all—understanding fair use, responding to copyright claims, and protecting yourself from infringement disputes. Before you post, share, or create, make sure you know your rights.

Corporate Formation

Choosing a business name, filing paperwork, issuing stock — starting a corporation isn’t just about having a great idea. It’s about getting every legal detail right from day one.How do you pick a corporate name that meets legal requirements? What exactly is a certificate of incorporation, and what happens after you file it? When does the board need to pass resolutions, and why does a stock ledger matter? If you’re forming a corporation (or thinking about it), this guide walks you through the essentials. From legal requirements in New Jersey to bylaws, stock certificates, and EIN registration, we’ll help you make sense of the process so you can move forward with confidence.

Corporate Transparency Act

The Corporate Transparency Act (CTA) has been one of the most controversial business laws in recent years, with courts halting and reinstating it multiple times. If you own a business, manage a trust, invest in real estate, or work in finance, staying ahead of these shifting requirements is critical. This series unpacks what the CTA means for different stakeholders, who needs to report, what’s at stake for noncompliance, and the latest legal developments that could impact your obligations.

Incentive Compensation – LLCs Taxed as Partnerships

Incentive compensation isn’t just about rewarding employees. It’s about keeping your best people engaged and invested in your business’s success. But structuring these incentives in an LLC taxed as a partnership comes with unique challenges. Should you use profit interests, capital interests, or phantom equity? What happens if an employee leaves or the company is sold? And how do tax laws like Section 83(b) and Section 409A impact compensation? This series breaks down the strategies, legal considerations, and best practices for designing an incentive plan that actually works.

Incentive Compensation – LLCs Taxed as Corporations

Attracting and retaining top talent in an LLC taxed as a corporation requires the right incentive structure. Should you offer stock options, restricted stock units, or performance shares? How does vesting impact long-term retention? And what about tax laws like Section 83(b) and Section 409A? Structuring compensation incorrectly can lead to compliance issues, tax penalties, or worse — losing key employees. This series unpacks the strategies, tax considerations, and best practices to help you design an incentive plan that keeps your team motivated and your business protected.

Investment Regulation

Raising capital, managing funds, and structuring investments all come with legal hurdles—but which regulations actually apply to you? Do you need to register as an investment advisor or broker-dealer? What qualifies as general solicitation, and when should you issue a private placement memorandum? Whether you’re running a venture capital fund, real estate fund, or private investment firm, compliance is critical. This series breaks down key laws like the Investment Company Act of 1940 and Dodd-Frank, helping you navigate exemptions, investor qualifications, and regulatory pitfalls before they become costly mistakes.

Profit Sharing

A well-structured profit-sharing plan can be a game-changer for both employees and business owners, but how do you choose the right one? Should you go with a qualified or non-qualified plan? How does an Employee Stock Ownership Plan (ESOP) compare? What about tax implications, allocation formulas, and compliance with non-discrimination rules? Whether you're designing a plan from scratch or refining an existing one, this series walks you through the key strategies, legal requirements, and best practices to ensure your profit-sharing program benefits everyone involved.

Stories with a Lesson

Some lessons are best learned the hard way — but they don’t have to be your mistakes. This series dives into real-life legal stories, where business owners faced unexpected challenges, costly missteps, and hard-earned victories. From contracts gone wrong to lawsuits that could have been avoided, these cases reveal the best practices that protect businesses and the pitfalls that can bring them down. Read on, learn from others, and make smarter legal decisions for your own success.

Succession Planning

What happens to your business when you're no longer at the helm? Whether you're planning to pass it down to family, sell to a partner, or transition to new leadership, having a clear succession strategy is essential. Without one, you risk tax complications, legal disputes, and business instability. This series walks you through everything from estate planning and buy-sell agreements to trusts, life insurance funding, and tax implications for different business structures. The right plan doesn’t just protect your business — it ensures your legacy lasts.

Trademark Law

Your trademark is more than just a name or logo—it’s your brand’s identity, and if you don’t protect it, someone else might. How do you choose a strong trademark that won’t get challenged? What’s the process for registering with the USPTO? And if you ever receive a cease and desist letter for trademark infringement, how should you respond? Whether you're securing your first trademark or defending one, this series gives you the clarity you need to protect what’s yours.

What's Missing from Your Operating Agreement?

Your operating agreement is the foundation of how your business runs and how ownership is handled. But is yours actually protecting you? Does it cover ownership transfers, capital contributions, voting rights, dispute resolution, or what happens if a member exits? What about drag-along and tag-along rights when selling? If these terms aren’t spelled out clearly, you could be setting yourself up for costly disputes, unexpected liabilities, or even losing control of your business. This series highlights the critical provisions many business owners forget to include — until it’s too late.

Contact Wilkinson Law LLC

Legal clarity is a necessity for any business that wants to grow, thrive, and avoid costly missteps. This resource center is here to help. Each series is designed to give you actionable insights so you can make informed decisions and protect what you’ve built. Take a look, explore the topics that matter to you, and if you need guidance, Wilkinson Law LLC is here to help.

Are you wondering about any of the issues mentioned above? Please email us at info@wilkinsonlawllc.com or call (732) 410-7595 for assistance.

At Wilkinson Law, we give business owners the clarity they need to fund, grow, protect, and sell their businesses. We are trustworthy business advisors keeping your business on TRACK: Trustworthy. Reliable. Available. Caring. Knowledgeable.®