
CORPORATION AND LLC FORMATION
PAPERS & PRESENTATIONS by Lisa Gervase:
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December 2020 Collecting Attorneys' fees from State Agencies
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October 2015 U.S. Constitution and key Amendments
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May 2012 Qualifying Party Training
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August 2011 Investing in Real Estate - Minimizing Liability
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July 2011 Making Money on Homes Today Workshop
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June 2011 Arizona's New Bed Bug Law
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January 2010 Reducing Business Risk through Knowledge (Arizona Pest Management Association)
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September 2009 Good Business Management Practices, Saguaro Continuing Education Conference and Expo
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September 2009 Starting a Business, Saguaro Continuing Education Conference and Expo
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September 2009 Laws, Rules and Violations, Saguaro Continuing Education Conference and Expo
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March 2009 Minimize Legal Problems and Manage Liability, Univar March Madness 10th Annual Industry Conference & Expo
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March 2009 Regulatory Compliance for Pest Management Professionals - QP Responsibilities, Arizona Office of Pest Management
Continuing Education Course
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February 2009 Regulatory Compliance for Pest Management Professionals - QP Responsibilities, Arizona Office of Pest Management Continuing Education Course
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February 2007 The Four Legs of Professionalism, National Pest Management Association Legislative Day Professional Women in Pest Management
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August 2005 Termite Pretreatment Enforcement, Association of Structural Pesticide Control Regulatory Officials Conference
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June 2005 Perspectives and Practical Tips for Public and Private Attorneys, Administrative Law Judges, Board/Commission
Members and Agency Directors, Arizona State Bar Convention, Administrative Law Section Seminar
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July 2004 Mock Administrative Hearing, EPA’s Pesticide Regulatory Education Program
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June 2000 Perspectives on Representation before Administrative Agencies, Arizona State Bar Convention, Administrative Law Section Seminar
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June 1997 Moderator: Time for a Trip to Learn the Rules of the Road About Handling Cases From the Administrative Hearing
Through the Judicial Review Process, Arizona State Bar Convention, Administrative Law Section Seminar
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October 1997, May 1997 and December 1995 Arizona Governor’s Office, Board and Commission Member Training
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December 1996 and July 1996 Arizona Office of Administrative Hearings, Administrative Law Judge Training
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June 1996 Constitutional and Ethical Issues in Administrative Law, State Bar Convention
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February 1996 Tapping the Talents of Public Members, Federation of Association of Regulatory Boards
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February 1996 Empowering Boards’ Consumer Members, Federation of Association of Regulatory Boards
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November 1995 General Administrative Law; Handling License Denials; Disciplinary Hearings; Commingling Investigative and Adjudicative Functions; Rule making; Alternative Sanctions and Enforcement of Sanctions; Post Hearing Proceedings; and Informal Interviews, Federation of Association of Regulatory Boards
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April 1995 Residential Contractor’s Recovery Fund--A Consumer Safety Net, Arizona Journal of Real Estate and Business
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November 1994 Arizona State Board of Nursing, Board Member Training
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September 1994 Arizona State Board of Funeral Directors and Embalmers, Board Member Training
Protect your personal assets, by properly forming and operating a corporation or LLC. For efficient, effective corporation or LLC set up, contact Ms. Gervase at (480) 515-4801.
TOP 10 LEGAL MISTAKES BUSINESSES MAKE
1. Not Incorporating Timely. Affects financing and value of founders’ contributions.
2. Forming the Wrong Ownership Structure. Investors prefer the stock/interest structure of a corporation/limited liability company. Also, potential unlimited personal liability for company’s debts.
3. No/Insufficient Organizational Documents. Must follow the formalities and create/maintain required documents to limit personal risk.
4. Not Considering Securities Laws. Investors want a healthy profit and consult their own advisers. There’s risk if appropriate disclosures were not given and documented in investment documents per securities laws.
5. Not following Founders’ and Employees Non-Compete Agreements. Many agreements prohibit an employee from competing with their (former) employer. Litigation is expensive, time-consuming and very distracting.
6. No/Insufficient Employment Agreements. Employees may leave to compete with you and acquire intellectual property rights to their inventions related to your business. There is a high potential for disputes if employees’ and company’s rights and responsibilities are not clearly defined in writing.
7. No/Insufficient Vendor/Customer Written Agreements. A handshake is worth the paper it’s written on. It’s difficult to uphold a verbal agreement in court. A properly written agreement can protect interests and rights, save a lot of stress and the legal expense of trying to enforce rights.
8. Litigation. Litigation is VERY expensive. Don’t spend time focused on litigation. It’s cheaper to take steps to prevent disputes (preventative legal work). It’s not unusual to pay more in legal fees/costs than to settle a dispute.
9. Not having required licenses and insurance. This limits the types and amount of work that can be obtained, and exposes the company, individuals and perhaps customers to substantial risks.
10. Not getting Legal Advice. Trying to save on costs by not hiring an attorney, or cutting and pasting from legal documents found online is a penny-wise and pound-foolish. Sources may not be credible, may not be appropriate for your circumstances, and may not comply with the law. Legal documents that don’t protect your interests may cost you much more than the cost to hire counsel. A seemingly simple misplaced comma or word can drastically change the interpretation of a document.
a. Not getting legal advice about Business Continuity Planning to protect the livelihood or you and your family, and your employees and their families.
b. Not getting legal advice about Protecting your Family, Designating Guardians for minors and pets, Appointing Agents to make Financial and Healthcare decisions, stating your Estate Planning Wishes, and other Life-Planning Events.
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