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Business & Start Up Formations Lawyers

Starting a business is a big step. Anyone knowledgeable in this area knows that having an experienced, highly skilled firm of attorneys to help you through the process is invaluable. At Spodek Law Group, we are ready to assist and guide you from your original concept to the day your business comes to fruition. Our goal, like yours, is for the process to move as smoothly as possible and for you to become a successful entrepreneur. Since our legal professionals have been through business formations many times before, we are able to instruct you in strategies we know to be effective.

Decisions To Make Before Starting a Business

Business startups require a great deal of planning. It is important that you decide how you want your business to be structured and financed, what your preferred tax treatment will be, whether you plan to issue stock, and how you plan to deal with issues of owner liability or business disputes that may arise.

The major decision that has to be made when you are starting up a business is whether you want to form some type of corporation or other business entity that will protect your personal assets from business debts you may incur. Even the most well-run business is vulnerable to unexpected, sometimes dangerous onslaughts, such as lawsuits, tax miscalculations, unforeseen repairs, or large benefit payments. In worst case scenarios, your business may fail, and though this is awful to contemplate, you must be responsible for protecting your assets and your family from such adversity.

Types of Corporations That Will Protect You

Often, our attorneys will advise you to avert potential loss of personal assets by creating a corporation. There are two primary ways to establish a corporation, both of which have been approved by The Internal Revenue Code. The IRS differentiates between the two, Subchapter C and Subchapter S Corporations, in terms of tax treatment. Depending on your personal circumstances, one or the other may be preferable. As your business attorneys, we will be able to advise you on the matter.

Subchapter C Corporations

Typically, Subchapter C corporations are large and publicly held, so they are not usually appropriate for small businesses. These corporations face double taxation since they file their own tax returns, paying taxes on profits before paying out dividends. When their shareholders file their own individual returns they will be taxed again based on their own earnings.

Subchapter S Corporations

Subchapter S corporations have the advantage of being able to avoid double taxation, thus protecting their shareholders. There are, however, some restrictions on Subchapter S Corporations, including that they must:

  • Be domestic, without any alien shareholders
  • Have fewer than 100 shareholders
  • Have no corporate or partnership shareholders
  • Have only one class of stock
  • Not be affiliated with any larger corporate groups
  • Other Types of Business Formations

For individuals starting up a new business, there are several other methods of approaching business formation. Besides Subchapter C and Subchapter S Corporations, you may be able to form one of the following:

Limited Liability Company (LLC)

State laws provide for the creation of LLCs as another means of providing personal liability protection. Though they don’t have the same restrictions as S corporations, LLCs are also business structures designed to protect members from being held personally liable for company debts. In many ways, LLCs integrate aspects of sole or partnership ownership with corporate protections.


In a partnership, both partners are equal in their ability to represent the organization as a whole. In some cases, a limited liability partnership (LLP) can be formed to limit each partner’s liability for another partner’s error or wrongdoing.

Stock purchases

Since businesses may also be purchased by buying a large number of stocks in the company from existing shareholders, business attorneys can also draw up documents pertaining to stock purchases. While buyers are inclined to favor asset sales and sellers tend to prefer stock sales, in either case, there are tax and liability concerns to be dealt with and it is important to have a trustworthy business attorney at your side.

Employee Handbooks

Employee handbooks, while not explicitly required by law, are almost universally used as an efficient method of communicating information concerning company policies and employee rights. Since federal and state laws do mandate employer actions regarding such things as minimum wage, overtime pay, meals and breaks, and time off for jury duty, the vast majority of employers find distributing an employee handbook a convenient method of making sure everyone is on the same page about the procedures at the place of employment and the behavior that is expected in the workplace. In most cases, employee handbooks are distributed as soon as an individual is hired.

Why Employee Handbooks Are Necessary

The advantages of having a printed employee handbook are clear. Because such manuals inform employees uniformly, in written form, of company policies, they represent indisputable evidence that employees have been informed of their employers’ expectations. This ensures that a great many disputes can be put to rest without litigation, particularly since knowledgeable business attorneys have prepared these booklets as solid legal documents, not open to interpretation.

For this reason, employees are often asked to sign an acknowledgment form indicating that they have received and understand the manual’s requirements. Though employees may refuse to sign such a booklet, the employer may, if they wish, take this as a form of insubordination and terminate them before they ever begin work.

What Employee Handbooks Cover

For employee handbooks to be useful and protective to both parties, they have to spell out as many procedures and policies are possible. Areas typically covered by employee handbooks usually cover many, if not all, of the following:

  • Bullying
  • Employee benefits: healthcare, sick days, vacation days, personal days, holidays, and pensions.
  • Harassment and discrimination
  • Health and safety (potential hazards) at the workplace
  • Internet, cell phone, and social media usage
  • Payment through automatic deposit
  • Probationary periods
  • Wages and work hours

While the minimum wage is determined by law, it varies from state-to-state and region to- region. In New York State, for example, the minimum wage was increased, as of the end of 2016. In all five boroughs of New York City, it is now $10.50 per hour for businesses with 10 or fewer employees and $11.00 per hour for businesses employing 11 or more people. In Nassau, Suffolk and Westchester Counties, the minimum wage for small and large companies is $9.70 and $10.00, respectively, while In the remainder of the state, the minimum wage is $9.70. Average work hours expected to vary between 35 and 45 hours per week with the average being 40 hours weekly.

Depending on the state laws, employers may or may not require their employees to receive payments via direct deposit. In New York State, employees have the right to refuse direct deposit and, even if they do accept such an arrangement, they cannot be forced to use a particular bank by their employer.

Unacceptable behaviors, such as insubordination, bullying, and sexual harassment should be described in detail in the employee handbook so there is no misunderstanding about what is, or is not, tolerable in the workplace.

You may have all the good intentions in the world and still not craft an effective employee handbook since the project involves:

  • Strong legal background in federal and state employment law
  • Working knowledge of the pitfalls of missteps with legal language
  • Understanding precisely which topics must be covered in your particular handbook
  • Sensitivity to political correctness regarding discrimination, both in wording and enforcement of rules

Charle Butler
Charle Butler
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!



Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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