Employment and Labor Laws: Including Fair Labor Standards Act (FLSA), state-specific labor laws, and IRS guidelines for independent contractor classification. Critical for properly structuring the consulting relationship.
Intellectual Property Laws: Copyright Act, patent laws, Trade Secrets Protection (Defend Trade Secrets Act), and consideration of prior IP agreements from employment period. Essential for protecting both parties' intellectual property rights.
Non-Competition and Non-Solicitation: State-specific restrictions on non-compete agreements, including reasonableness of restrictions, duration and geographic scope limitations. Particularly important in post-employment consulting relationships.
Confidentiality Regulations: Trade secrets protection, non-disclosure obligations, and data privacy laws. Critical for protecting sensitive information exchanged during both previous employment and consulting arrangement.
Tax Laws: IRS regulations for independent contractors, state tax requirements, and Form 1099 requirements. Essential for proper tax compliance and reporting.
Contract Law: State-specific contract laws, Statute of Frauds, and consideration requirements. Forms the legal foundation for the consulting agreement.
Benefits and Insurance: ERISA considerations, workers' compensation, and professional liability insurance requirements. Important for defining insurance obligations and benefits structure.
Anti-discrimination Laws: Equal Employment Opportunity laws, Age Discrimination in Employment Act, and Americans with Disabilities Act. Ensures compliance with federal and state anti-discrimination provisions.
Conflict of Interest: Corporate ethics policies, fiduciary duties, and Sarbanes-Oxley requirements (if applicable). Critical for maintaining ethical business practices and compliance.
Data Protection: Industry-specific regulations (HIPAA, GLBA, etc.), state data privacy laws, and cybersecurity requirements. Essential for protecting sensitive data and ensuring compliance with privacy regulations.
