Key Legal Considerations When Starting a Business in Today’s Market

Starting a business in the complex market in 2025 can be exciting if you know how to avoid legal pitfalls and regulatory hurdles. Ignoring them can sink a company—even the most promising—in a heartbeat. From the type of entity you choose to data privacy, understanding the key legal considerations can help avoid costly mistakes and create a solid foundation. An experienced business law attorney can guide you through starting a business.

Choosing the Appropriate Business Structure

Your business structure impacts personal liability, taxes, fundraising, and even future growth. Selecting the correct business entity prevents restructuring later, which could be expensive.

Business entities include:

  • Sole Proprietorship: No personal liability protection. Taxes pass through to your taxes.
  • Partnership: Easy to set up, but you share risks and profits. It has the potential for internal conflict.
  • Limited Liability Company (LLC): This type of company is very flexible and offers liability protection depending on how you set it up. It is increasingly popular for small and medium businesses.
  • Corporation: A separate legal entity, whether a C-Corp or S-Corp, which usually means no personal liability. However, it has more regulations and paperwork.

Business Registration and Brand Protection

Once you choose a name, register your business—even if it’s a sole proprietorship—with Florida’s Secretary of State Office to protect the name and your brand. You will also need a federal Employer Identification Number (EIN), which provides another layer of separation between your business and you personally.

Before registering, conduct a thorough search to ensure your chosen business name does not match another. It confuses customers—you could send yours to the other business, and the different business owner could file a lawsuit against you for using their name.

If you have intellectual property, such as formulas or a logo, consider trademarking it to protect your brand. Even unintentional infringement could result in legal disputes and forced rebranding.

Licenses, Permits, and Regulations

Many businesses need specific licenses and permits for various industries, including restaurants, healthcare providers, financial services, hairdressers, etc. Additionally, you must abide by any regulations that affect your industry. Finally, you must ensure your chosen location has the appropriate zoning for your business.

Operating without permits or obtaining the wrong zoning can lead to fines and forced closure.

Employment Law

You must understand and comply with state and federal employment laws. Good hiring practices include compliant offer letters and employment contracts. You must also know wage and hour laws for Florida and the United States, including minimum wage, overtime, and recordkeeping laws.

Workplace policies can also cause legal issues. Outline required workplace practices, including anti-discrimination and harassment policies in your employee handbook. An experienced business attorney can guide you through understanding legal requirements and draft compliant employee-related documents.

Contracts

Contracts are the foundation of your business. Each type of relationship, including clients, vendors, partners, and employees, should have a clear written contract to protect you and them. Key clauses should include the scope of work, payment terms, termination conditions, intellectual property ownership, and dispute resolution mechanisms.

Generic templates available online can expose you to risk. Tailor contracts to your industry and unique business circumstances.

Additional Considerations

The scope of legal considerations is broad for most businesses. Other factors that are key to a successful business include:

  • Data privacy and cybersecurity
  • Data collection laws
  • Breach notifications
  • Intellectual property issues, including patents, trademarks, and copyrights
  • Non-disclosure agreements
  • Tax obligations and compliance

You may have to register with tax authorities at the federal, state, and local levels for various taxes, including employment taxes such as FICA and Social Security, sales taxes, and local taxes.

Don’t Take Chances: Experienced Business Law Attorneys Can Help Set Up a Business

Launching a business regardless of economic times means navigating complex legalities. Planning ahead of time to ensure you set up your business correctly goes a long way toward its success, as it allows you to create a solid foundation.

Call 850-224-1040 or complete our online contact form to speak with the experienced business law and tax attorneys at France Law Firm.