The following article does a good job of explaining what exactly a tax attorney does and when a small business may be in need of one. It’s more of a general primer and gives you a foundation upon which to go search for further information, as needed.

A tax attorney is, first of all, an attorney. That is, he or she has a Juris Doctor (J.D.) degree and has passed the bar exam, qualifying this person to practice law in one or more states. The tax specialization is developed over time and experience by certain attorneys. Tax attorneys keep up with the many frequent changes in the tax law to help you with tax questions.

• At business start-up, a tax attorney reviews the various legal types of business to determine which might be best for that business.
• A tax attorney reviews business contracts and negotiations, such as those for purchase or sale of a business, to determine the tax effects of these deals.
• A tax attorney can advise on treatment of sales and expenses and deductions (depreciation, for example) for the most advantageous tax treatment.
• A CPA can represent you in an audit, as can a tax attorney, but only the attorney can represent you in a tax court situation.
• In business bankruptcy, a tax attorney can help determine the best bankruptcy form and can advise you on the potential tax effects of various actions during and after the bankruptcy.

Trademark protection is of utmost concern for businesses. It helps protect their brands and proprietary names for products and services, amongst other things. However, not every name can be trademarked and some that can only provide limited protection.

For instance, if you use general descriptive words in your name you are attempting to trademark you may run into some issues. However, if you use a totally unique name then you may run into an issue of explaining to your customers what exactly your name means and stands for. Therefore, there is a delicate balancing act that businesses need to go through in determining the best business decision.

The following is pulled from The Trademark - Marketing Dilemma

One of the dilemmas that arises when considering different names to associate with your business is the level of descriptiveness of the name you are considering.  A business owner will find it highly attractive to name their business or its crucial products or services in a manner that clearly describes what it does to potential consumers. For example, “Quality Printing” or “Speedy Dry Cleaning.”

The problem with using a highly descriptive name for your business or its products or services is that merely descriptive marks are not, in general, capable of trademark protection.  A moniker can only be considered a trademark or a service mark if it is distinctive; it must be capable of distinguishing the goods or services upon which it is used from the goods or services of others. A mark that merely describes or names a characteristic or quality of the goods or services is not, under trademark law, distinctive.

Fanciful marks are marks which have been created solely to function as a trademark and have no other meaning than acting as a mark. Fanciful marks are considered to be the strongest type of mark. The downside of selecting a fanciful mark is that, unlike a descriptive mark, you must spend a great deal of time and money educating your potential customers about what that mark represents.  On the upside, once your rights in a fanciful mark are secured and the public has been educated about its meaning, you have a strong mark that will enjoy the protections of trademark law and carry with it the goodwill associated with that mark.

If you are starting a business or have already started one and ready to raise some capital , inevitably you have been introduced to the legal maze of what is called “securities laws.” These laws, generally speaking, govern the raising of money by selling ownership, whether through stock or otherwise, in a company. The laws are meant to protect investors and help ensure an even playing field for those raising money and those investing money.

Companies selling common stock, preferred stock or issuing options or warrants are issuing “securities.”  The Securities Act of 1933 generally requires companies selling securities to give investors full disclosure of all material facts that investors would find important in making an investment decision. The Act also requires companies to file a registration statement with the SEC that includes information for investors, unless the security or the type of transaction is exempt from registration.

Even if a securities offering is exempt from federal registration requirements, the company must also comply with securities laws in each state where securities are offered.  States may impose their own registration or qualification requirements that must be complied with unless an exemption is available.