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Legal

Legal considerations for business finance and accounting compliance

Can You Sue Your Accountant for Malpractice? What You Must Prove Before Filing a Claim

Accountant malpractice claims require proving duty, breach, causation, and damages — and the math is narrower than most clients expect: penalties caused by the error are typically recoverable, interest often is not, and tax you legally owed almost never is. State deadlines run two to six years, and an engagement letter's liability cap may limit recovery to the fees you paid.

Your App Doesn't Have to Be 'for Kids' to Owe Kids Privacy: A Small Business Guide to COPPA in 2026

The FTC's amended COPPA Rule, finalized in January 2025 with compliance required by April 2026, reaches any app or website with actual knowledge of users under 13, not just products built for children. It requires a separate opt-in parental consent before sharing a child's data or serving targeted ads, a published retention schedule that bars indefinite storage, and a written security program, with civil penalties above $50,000 per violation. This guide lays out who is covered, which consent methods the FTC accepts, and a seven-step checklist a small team can run without a privacy department.

Conditional vs. Unconditional Lien Waivers: Which One to Sign, and When

A lien waiver comes in four forms, and two words decide whether you kept your lien rights. Conditional waivers release rights only if the payment clears, so they go out with the invoice; unconditional waivers release immediately whether or not you are paid, so they go out only after funds clear the bank. Includes the through-date, retainage, and preliminary-notice rules that make the system hold up.

Do You Need a Music License to Play Spotify in Your Store? A 2026 Small Business Guide to ASCAP, BMI, SESAC, and the Section 110(5) Exemption

A personal Spotify plan is not a public-performance license. Playing it for customers exposes a business to statutory damages of $750–$30,000 per song ($150,000 if willful), while blanket licenses from ASCAP, BMI, SESAC, and GMR run roughly $500–$2,000 a year and business music services cost $17–$60 a month per location. The Section 110(5) exemption covers only over-the-air radio and TV in establishments under 2,000 square feet (3,750 for food and drink), never streaming.

Your Product Warranty Is a Federal Case: Full vs. Limited, Implied Warranties, and As-Is Sales Under Magnuson-Moss

The Magnuson-Moss Warranty Act applies to every written warranty on a consumer product costing more than $10, requiring a full or limited title, forbidding blanket disclaimers of implied warranties and brand-name parts requirements, and mandating pre-sale access to the terms above $15. A small-seller guide with a 10-point compliance checklist.

Service Animals vs. Emotional Support Animals: What a Small Business Can Ask, Refuse, and Must Allow Under the ADA

Under the ADA a service animal is a dog individually trained to perform a disability-related task; emotional support animals do not qualify. Businesses may ask only two questions, cannot demand papers, vests or fees, and may remove a dog only if it is out of control or not housebroken. Covers the staff script, the FDA Food Code kitchen line, why housing (HUD) and airlines (DOT) differ, the 35 state fake-service-animal laws, and how to track compliance costs.

Passing Your House to Your Kids Without Probate: How Transfer-on-Death and Lady Bird Deeds Work

A transfer-on-death deed names a beneficiary for your house the way you would for a bank account — recorded now, revocable any time, effective only at death. More than 30 states plus DC authorize one; Florida and Michigan use the Lady Bird (enhanced life estate) deed instead. Here is what each does, how to record one correctly, and the filing errors that send families back into a 9-to-18-month probate.

After-Hours Texts and Calls Count as Paid Time: An FLSA Overtime Guide for Small Employers

Under the FLSA's suffered-or-permitted standard (29 CFR 785.11), a nonexempt employee's four-minute reply to a 9 p.m. text is compensable work if you knew or had reason to know it happened, and the de minimis rule in 29 CFR 785.47 rarely covers timestamped, recurring message time. This guide covers exempt-vs-nonexempt classification at the $684-per-week salary floor, the four timekeeping setups that manufacture violations, the two-to-three-year lookback with doubled liquidated damages, and a five-habit compliance playbook for small employers.

Connecticut's Data Privacy Act Now Reaches You at 35,000 Consumers: A Small-Business Compliance Guide

Connecticut's amended Data Privacy Act took effect July 1, 2026, cutting the applicability threshold from 100,000 to 35,000 consumers, adding zero-threshold triggers for sensitive data and data sales, and removing the guaranteed 60-day cure period. Here is what changed, what arrives October 1, and a six-step checklist for small businesses.