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Strong attorney-client relationships are built on clear communication, early involvement, and an understanding of the client’s objectives. For small business owners, legal counsel is often viewed as something to engage only when a problem arises. In reality, a strong, ongoing attorney-client relationship can serve as a strategic asset, helping businesses manage risk, control costs, plan proactively, and make informed decisions that support long-term growth. This newsletter outlines what an effective attorney-client relationship looks like and how it can benefit your small business. What Defines a Strong Attorney-Client Relationship? An effective attorney-client relationship is grounded in communication, trust, and a clear understanding of the business’s goals and risk tolerance. Consider some of the core elements of an effective attorney-client relationship: Proactive Communication and Early Engagement: Cultivating a relationship with an attorney at the early stages of your business allows you to clearly communicate your goals and gives the attorney an opportunity to gain valuable insight into your operations, workforce structure, and growth plans. This can look like providing the attorney with the organizational structure of your business, past or upcoming contracts, challenges in your industry, and your business’ operational practices. Proactive communication is a core component of the attorney-client relationship, supported by both ethical duties and evidentiary protections. Attorney-client privilege and an attorney’s duty of confidentiality protect client communications and sensitive business information, enabling candid disclosures. In turn, the ABA and DC Rules of Professional Conduct require attorneys to keep clients reasonably informed, explain legal matters in a manner that supports informed decision-making, and consult with clients about the objectives and means of representation. These duties are best fulfilled when counsel engages with the business from the outset. (ABA Model Rules 1.4 & 1.6 ; DC Rules 1.4 & 1.6 ). Clear and Practical Legal Advice: Having familiarized themselves with your business, the attorney can then quickly spot issues, provide straightforward guidance, and explain legal risks and options in practical terms that help business owners understand and assess risk without unnecessary complexity. Attorneys are ethically required to provide competent representation, meaning they must possess the legal knowledge, skill, and preparation reasonably necessary for the representation. (ABA Model Rule 1.1 ; DC Rule 1.1 ). For small business owners, this duty of competence translates into advice that is both legally sound and meaningfully tailored to the business’ operations, industry, and strategic objectives. Proactive Risk Management: Regular legal oversight of contracts, policies, and compliance obligations helps resolve issues before they escalate into costly disputes or regulatory violations. A good attorney-client relationship focuses on long-term risk management, instead of isolated and reactive legal strategy. It may include reviewing contracts before execution, flagging compliance risks early, or advising on employment decisions before they result in claims. In providing this guidance, attorneys are bound by a duty of diligence and zealous advocacy to advocate for their client’s interests. This obligation requires counsel to do more than identify legal risks; it demands active and loyal representation aimed at protecting the client’s interests, minimizing exposure, and advancing the business’ objectives through informed, strategic decision making. (ABA Model Rule 1.3 ; DC Rule 1.3 ). How a Strong Attorney-Client Relationship Benefits Your Business: Risk Mitigation, Cost Control, and Operational Efficiency: When your attorney understands your business, routine matters such as contract negotiations, drafting, and review can be handled more efficiently. This proactive approach allows business owners to focus on core operations while controlling legal costs and minimizing risk. An attorney’s ethical duty of competent and diligent representation supports this efficiency by ensuring legal work is performed thoughtfully, accurately, and with attention to the business’s long-term interests. Improved Decision-Making : Whether scaling operations, bringing on partners, or navigating ownership changes, access to consistent legal counsel allows business owners to evaluate risks associated with new opportunities, partnerships, or investments before committing business resources. With a better understanding of the obligations and risks your business is taking on, you can operate in confidence. Best Practices for Small Business Owners: To get the most value from legal counsel, small businesses should: Engage legal counsel early, particularly when entering contracts, hiring employees, or expanding operations. Share relevant business developments proactively so counsel can provide timely guidance. Conduct periodic legal check-ins to assess compliance, contracts, and emerging risks. A strong attorney-client relationship is a valuable business tool and better positions small businesses to manage risk and plan for the future. If you would like to discuss how ongoing legal counsel can support your business, The SJS Law Firm is here to help. Call (202) 505-5309 for a complimentary consultation.

As 2026 gets underway, it’s a good time for small businesses to reflect on last year’s developments and prepare for what’s ahead. This newsletter highlights relevant updates in employment law, tax policy, and regulatory obligations across the DC-Metro area to help small businesses stay compliant while positioning themselves for growth. Consider the following key actions as you plan for 2026 and beyond: Review Wage & Employment Law Developments: Minimum wage increases across Washington, D.C., Maryland, and Virginia took effect or are scheduled for 2026, with additional compliance requirements for tipped employees. In July 2026, the DC and VA minimum wage will increase to $18.40/hour (or $10.30/hour for tipped workers) and $12.77/hour, respectively, while MD’s wage increases vary by county and number of employees, with different effective dates. It is especially imperative for small business owners to ensure that tipped employees’ combined wages and tips meet or exceed the required minimum wage to avoid liability under federal, state, and local laws. In addition to wage compliance, employers should be aware of expanded restrictions on non-compete agreements, particularly in D.C. Effective January 1, 2026, D.C. employers can no longer enter non-compete agreements with employees earning less than $162,164 (or $270,274 for medical specialists). Small businesses should review restrictive covenants to mitigate compliance risk. Assess Employee Leave and Statutory Obligations: Recent legislative changes in Maryland expanded parental leave coverage for certain small employers not subject to the federal Family and Medical Leave Act. Effective October 1, 2025, covered employers under the Maryland Parental Leave Act are those that employ at least 15 but no more than 49 employees for each working day during 20 or more calendar workweeks in the current or preceding calendar year and are not covered by the federal FMLA. Eligible employees are those who request parental leave, have been employed by the employer for at least 12 months, and have worked 1,250 hours during the previous 12-month period. Small businesses should confirm whether they fall within the revised coverage thresholds and that internal leave policies reflect current statutory obligations. Overview of the One Big Beautiful Bill and 2026 Impacts: Legislation enacted in 2025 as part of the One Big Beautiful Bill altered several provisions relevant to small businesses, including bonus depreciation, research and development expense deductions, and the qualified business income deduction. Most notably, the legislation permanently restores 100% bonus depreciation, allowing businesses to immediately deduct the full cost of qualifying property placed in service after January 1, 2025, providing greater certainty for capital investment planning. Expanded deductions for domestic research and development expenses and the permanent extension of the 20% QBI deduction may also influence decisions regarding business structure, hiring, and long-term growth strategies. Strategic tax planning can help small businesses take full advantage of these changes in the 2026 tax year. Confirm Contracting Compliance: Maryland’s procurement reforms expanded access to state contracting opportunities for certified small businesses. The reform expanded Small Business Reserve thresholds by requiring that any procurement of $1,000,000 or less be awarded to a certified small business, provided the business is capable of performing the work. The reform also shortened payment timelines, requiring payment within 15 days of invoice approval, which may improve cash flow. Small Businesses interested in state contracts should ensure that required certifications are current and that internal compliance processes align with the updated procurement requirements. A broader discussion of these developments and their implications for small businesses is provided in our comprehensive client alert which is available on our website . Taking time now to review these areas, coordinate with legal and tax professionals, and update internal practices can help position your business for a compliant and successful 2026. If you need help preparing your business for the new year, The SJS Law Firm is here to support you. Call (202) 505-5309 for a complimentary consultation.

As 2025 comes to a close, small business owners are juggling year-end deadlines, holiday demands, and planning for a successful 2026. This is the perfect moment to pause, assess your business, and take intentional steps to protect your company, strengthen your foundation, and position yourself for growth in the new year. Whether you’ve had a year of incredible wins or faced unexpected challenges, these five practical steps will help you enter 2026 organized, compliant, and ready to execute on your goals! 1. Review Regulatory Updates and Confirm Compliance for 2026 Laws and regulations shift every year— and 2025 brought several important changes that may affect how your business operates in the District of Columbia, Maryland, Virginia, and beyond. Now is the time to confirm that your business is fully compliant as you enter 2026. Key areas to review include: • Local licensing and tax obligations • Employment law updates for 2025–2026 • Contract and privacy obligations 2. Reflect on Your Wins, Losses, and Lessons From 2025 Reflection is a critical—and often overlooked—business tool. Taking stock of your business’s performance helps you enter 2026 with clarity instead of clutter. Conduct a “Year-in-Review” Audit and assess the following: What worked well? What didn’t work? What surprised us? What should we stop doing? Where did we exceed expectations? What goals were not met—and why? 3. Evaluate Growth Possibilities and Determine What’s Next A new year brings new opportunities—if you plan for them. Evaluate where you want the business to go in 2026 and what resources you need to get there. Some practical steps to evaluate growth possibilities include mapping out your 2026 visions, identifying your most profitable and least profitable offerings, evaluating operational bottlenecks and assessing team capacity and talent needs. 4. Schedule Year-End Meetings With Your Professional Advisors Don’t enter 2026 without the support of your advisory team. Now is the time to align with your attorney, CPA, financial advisor, and insurance broker. 5. Perform an Internal Legal & Operational Health Check Every business should conduct a holistic year-end legal and operational audit to strengthen the company’s internal foundations. This includes reviewing contracts, corporate records, intellectual property, insurance coverage, and operational systems. Start 2026 with Clarity and Confidence! If you need help preparing your business for the new year, The SJS Law Firm is here to support you. Call (202) 505-5309 for a complimentary consultation.

In the world of business contracts, small enterprises often find themselves negotiating with larger corporations that have more resources, leverage, and legal sophistication. It can feel intimidating, but small business owners can still protect their interests and build fair agreements through informed negotiation. This article explores practical strategies for leveling the playing field when you are not the biggest voice at the table. UNDERSTANDING YOUR LEVERAGE Every business has leverage, even small ones. It might come from specialized expertise, fast turnaround times, or local market insight. Before negotiations, identify what makes your business valuable. A 2024 survey by the National Federation of Independent Business found that small companies that highlighted unique service quality or niche skills achieved better contract outcomes in over 60% of cases. Recognizing and communicating your value allows you to negotiate from a position of confidence, even when the other party seems dominant. KNOWING WHICH TERMS MATTER MOST Not every contract term deserves equal focus. The most impactful provisions often involve payment timing, termination rights, indemnification, and dispute resolution. Larger companies sometimes include one-sided clauses in these sections that shift risk to smaller partners. The U.S. Chamber of Commerce recommends that small businesses prioritize “red flag” areas like indemnity and liability caps, as they determine who bears losses in the event of a problem. Negotiating even small changes, such as shortening payment terms from 90 days to 30, can make a major difference in cash flow and operational stability. USING PLAIN LANGUAGE AND ASKING QUESTIONS Legal jargon can hide risks. If a term is not clear, ask for clarification or propose simplified language. Many large organizations will agree to plain-English edits if they do not alter the clause’s substance. The American Bar Association’s Contract Standards Committee notes that unclear language is one of the top three causes of contract disputes for small businesses. Understanding every line you sign is not a sign of inexperience, it is a sign of good judgment. SEEKING PROFESSIONAL HELP STRATEGICALLY Hiring a lawyer does not mean derailing the deal. A brief contract review by an attorney familiar with small business law can identify high-risk provisions and propose fixes before signing. According to the Small Business Administration’s 2024 Legal Readiness Report, businesses that used legal review before finalizing major contracts were 40% less likely to experience disputes later. Even limited legal input can provide crucial protection at a manageable cost. CONCLUSION Negotiating with larger partners does not have to be an uneven fight. By recognizing your leverage, focusing on key terms, simplifying complex language, and seeking timely legal guidance, small businesses can build fairer, more sustainable agreements. Preparation and clarity turn negotiation into collaboration rather than confrontation. The SJS Law Firm, PLLC is committed to empowering small business owners with the legal tools to negotiate confidently and protect their growth. To learn more or schedule a consultation, contact us at (202) 505-5309. Source Notes: National Federation of Independent Business, Small Business Negotiation Practices Survey (2024); U.S. Chamber of Commerce, Contracting Risks for Small Enterprises (2023); American Bar Association, Contract Standards Committee Report (2024); U.S. Small Business Administration, Legal Readiness Report (2024).

When entering contracts, small business owners often focus on the deal’s terms, payment, scope of work, and deadlines, while overlooking how the relationship can end. Yet, a clearly written termination clause is one of the most valuable tools a business can have. It provides a roadmap for how and when a contract can be ended, minimizing confusion and costly disputes. This article highlights the key features and benefits of strong termination provisions for small business owners. THE VALUE OF A WELL-DRAFTED TERMINATION CLAUSE A well-crafted termination clause sets expectations from the start. It outlines the conditions under which either party can exit the contract, such as nonpayment, breach, or prolonged nonperformance, thereby reducing uncertainty if problems arise. According to a 2024 report by the American Bar Association’s Business Law Section, contract disputes involving ambiguous termination language were nearly 30% more likely to result in litigation. Clear exit procedures, including defined notice periods and cure windows, allow parties to correct issues before escalation. For example, giving a vendor ten days to fix late deliveries before termination encourages resolution rather than immediate contract breakdown. AVOIDING ONE-SIDED TERMINATION RIGHTS Small businesses should be wary of “termination for convenience” clauses that grant only one party the right to end the contract at any time. While these provisions may seem flexible, they can expose small vendors or contractors to sudden loss of income. To balance risk, small businesses can negotiate reciprocal termination rights or require a notice period that gives them time to adjust operations. Most small businesses benefit from requiring at least 30 days notice to protect against abrupt termination and associated costs. MANAGING TERMINATION COSTS AND PENALTIES Another key consideration is whether the contract imposes termination fees, penalties, or obligations to refund deposits. For service providers, this can be a major financial risk. The Federal Trade Commission has noted that many disputes stem from unclear refund or fee provisions when services are canceled mid-term. To prevent disputes, contracts should specify how costs will be allocated, such as allowing retention of payment for work completed to date. A well-defined clause reduces post-termination arguments over what each side owes. DRAFTING FOR DIFFERENT RELATIONSHIPS Termination provisions should reflect the nature of the relationship. In long-term service contracts, flexibility may be important, while in project-based agreements, finality and deliverable-based triggers may be better suited. Some businesses include “termination for cause” (e.g., nonperformance or breach) and “termination for convenience” (mutual or limited) options to balance certainty with adaptability. Including a mediation or notice step before final termination can also preserve business relationships by encouraging good-faith communication first. CONCLUSION Termination clauses protect both parties by outlining a predictable and fair exit process. For small businesses, they help avoid unexpected losses and strengthen contractual stability. The best clauses are transparent, balanced, and tailored to the specific transaction. Taking the time to review termination terms, before signing, can save a business significant expense and frustration later. The SJS Law Firm, PLLC can help your small business draft, review, and negotiate termination provisions that protect their interests. For a consultation, contact us at (202) 505-5309. TERMINATION CLAUSE CHECKLIST FOR SMALL BUSINESS OWNERS When reviewing or drafting a termination clause, make sure it includes: Grounds for Termination: Clearly define when either party may terminate (e.g., breach, nonpayment, prolonged nonperformance). Notice Requirement: Specify how much notice must be given before termination (typically 10–30 days). Cure Period: Allow time for the other party to fix issues before termination takes effect. Termination for Convenience: If included, make it mutual or require reasonable notice to prevent unfair surprises. Payment Obligations: Clarify whether fees, deposits, or partial payments will be refunded or retained. Post-Termination Responsibilities: Outline what happens to outstanding work, materials, or confidential information. Dispute Resolution Step: Consider including a mediation or notice requirement before final termination. Source Notes: American Bar Association, 2024 Business Law Section Report on Contract Litigation ; Contract Termination Guidelines (2023) ; Federal Trade Commission, Common Contract Dispute Patterns in Service Industries (2024) .

Government contracts can represent tremendous opportunities for small businesses, steady revenue, prestige, and potential growth. But bidding on government work isn’t like doing business in the private sector. The rules are stricter, expectations are higher, and missteps can cost you the bid or even lead to legal trouble. Before you put pen to paper (or cursor to form), here are key legal considerations every small business needs to address. Register With the Proper Authorities & Get Your Identifiers in Place You can’t bid unless you’re properly registered. For federal contracts, that often means registering on SAM.gov (System for Award Management). There you’ll obtain your Unique Entity Identifier (UEI) , a 12-character alphanumeric code that uniquely identifies your entity. Without this, your bid may be disqualified up front. Determine your NAICS codes (North American Industry Classification System). These tell agencies what you do and how big your business can be (in terms of revenue or employees) for it to count as small. These registrations and codes are foundational. Understand Small Business Certifications & Set Aside Programs Because of programs run by the SBA (Small Business Administration), many government contracts are set aside exclusively for small businesses. There are also special programs like 8(a) (for socioeconomically disadvantaged businesses), HUBZone (businesses in historically under utilized zones), Women-Owned Small Business (WOSB), and service disabled veteran business status. If you qualify, getting certified under one or more programs can give you a competitive edge. Know What Types of Contracts You’ll Encounter Government contracts aren’t completely universal. Some of the common types include: Fixed Price Contracts : You agree to a price ahead of time, and regardless of actual costs, you deliver for that price. Cost Reimbursement Contracts : You can be reimbursed for allowable costs and then typically add a fee or profit. These carry much more risk but also more potential benefit. Indefinite Delivery / Indefinite Quantity (IDIQ), Time & Materials (T&M) , and others, each have unique risk/benefit profiles. Understanding which your business is best suited for (or is asked to bid on) matters for pricing, compliance, and accounting. Comply with Federal Acquisition Rules & Relevant Regulations The FAR (Federal Acquisition Regulation) system is what governs the federal contract bidding process. It contains rules on everything from how you must represent your business size, how you must treat subcontracting, to labor laws, small business programs, and more. Violating FAR regulations, even unintentionally, can lead to disqualification or worse. Also, stay current with procurement regulations and labor laws for the jurisdictions where the contract will be performed. If you do work in Washington D.C., Maryland, or Virginia (for example), you’ll need to cross check state and local procurement rules. Build a Strong Bid or Proposal Your technical proposal, pricing, deliverables, and compliance with RFP (Request for Proposal) instructions each matter heavily. A winning bid usually includes: A clean, well organized statement of qualifications References or past performance documentation showing you can deliver Realistic pricing that accounts for compliance costs, labor, insurance, and required overheads Proof that you meet all required certifications, registrations, and bonding or insurance mandates Skipping any required document or misunderstanding the RFP instructions is one of the fastest ways to have your bid rejected. In addition, small businesses should be ready to demonstrate financial responsibility, which often includes providing proof of how they handle payroll and vendor payments. Simple tools like business checks can help keep transactions professional, traceable, and aligned with the government’s preference for clear financial records. Stay Prepared After You Win Winning the contract is only half the battle. After the contract is won, there are legal obligations: performance standards, audit rights, submitting invoices properly, following security or data protection mandates, and ensuring any subcontractors follow required rules too. Contract non performance or regulatory non compliance can risk losing the contract or facing penalties. Government contracting can be a game changer for small businesses, but only if you come in prepared. Register properly, understand which programs and certifications apply to you, know the types of contracts, make sure your proposal is thorough and compliant, and be ready to meet all ongoing obligations if you win. When you approach the process with the right legal groundwork, the 101 stage becomes your solid foundation for success. Written by the staff writing team at HappyWriters.co

In today’s environment, data privacy and security are no longer just “nice to have”, they’re legal necessities. Small businesses too often assume they’re under the radar, but state and federal legal obligations, consumer expectations, and litigation risk make privacy a serious concern. Below is a checklist of legal and practical steps that every small business should consider to protect customer data, avoid regulatory penalties, and build trust. Determine Which Laws Apply to Your Business Different jurisdictions impose different requirements. Some laws to check for include: Federal laws like the FTC Act, HIPAA (for health data), GLBA (for financial institutions), and the Children’s Online Privacy Protection Act (COPPA). State privacy laws such as the California Consumer Privacy Act (CCPA), even if you don’t operate in California but collect data from residents there. Industry regulations that may overlap with federal and state frameworks. In Maryland, businesses must comply with the Maryland Personal Information Protection Act (PIPA), which requires prompt notification of residents if their personal data has been compromised. In Washington, D.C., companies handling consumer data must follow the Security Breach Notification Act, which sets strict timelines for notifying affected individuals after a data breach. Make a list of the laws you must follow based on where your business is, where your customers are, and what kinds of data you process. Audit What Personal Data You Collect, Store, and Share Understanding your data flows is fundamental. Questions to answer: Exactly what personal data do you collect? (Names, emails, addresses, geolocations, payment info, etc.) Where is it stored? On-site servers, cloud-storage, third-party vendors? Who has access, internally (employees) and externally (vendors, partners)? Why is each piece of data collected? Is it necessary? (Minimization principle.) Document this in writing. Data inventory is often required under privacy regimes. Build & Publish a Clear Privacy Policy Your privacy policy should accurately reflect your data practices. It needs to clearly cover: What personal data you collect and why How long you retain data, and when/how you delete it Who you share data with (vendors, partners) User rights (access, correction, deletion) under applicable laws Security measures in place to protect data If your policy is vague or doesn’t match what you actually do, it creates legal risk. Implement Secure Data Handling and Retention Practices Even with a policy, practice matters. Key elements include: Using encryption for data at rest and in transit (SSL/TLS) Strong password policies and multi factor authentication (MFA) for internal access Regularly training employees on data security and privacy awareness Limiting access to sensitive data to only those who need it Deleting or anonymizing personal data once its purpose is over Using management software that includes built in compliance and security features can also help small businesses streamline retention, access controls, and data deletion. Vendor & Third-Party Risk Management Often, small businesses outsource parts of their operations to CRM providers, payment processors and cloud services, but that doesn’t remove your legal obligations. You should: Vet vendors: check their security certifications, privacy practices, breach history Use written agreements: data processing agreements or vendor contracts that require vendor compliance with relevant laws and security measures Know where vendor-stored data resides physically and legally (especially relevant under state laws or international jurisdictions) Prepare for Consumer Rights & Data Subject Requests Many privacy laws give consumers rights such as: Requesting access to what data you hold on them Deleting or correcting data Opt-out of certain types of data sharing or sales  Set up internal procedures so you can respond to these requests within required deadlines. Document every step to show compliance. Plan for Incidents & Breaches Even the best systems can be compromised. You should: Have an incident response plan: who does what, when, how to notify affected individuals Buy appropriate cyber liability or data breach insurance Maintain audit logs and monitor for unusual activity Know the legal requirement for breach notification: which laws require you to notify affected persons and authorities, and within what timeframe Maintain Ongoing Compliance & Review Privacy isn’t a one-time project. Laws change, your business changes. To stay compliant: Periodically review your data inventory, policies, and practices Stay updated on changes in relevant privacy laws (state, federal, international) Get external audits or legal review if possible For small businesses, investing time and resources in data privacy and security isn’t optional, it’s vital. Litigations, fines, and customer distrust can cost far more in the long run than the cost of implementing sound policies today. Use this checklist as your framework. When you build good practices from the beginning, you protect your business, your customers, and your reputation. Written by the staff writing team at HappyWriters.co

When drafting contracts, many small business owners face the question of whether to include an arbitration clause. Arbitration is a private process where disputes are resolved outside of court, usually by a neutral third party. For small businesses, arbitration clauses can offer meaningful benefits, but they also carry important trade-offs. This newsletter highlights the key considerations for entrepreneurs weighing arbitration as part of their legal strategy. THE POTENTIAL BENEFITS OF ARBITRATION For small businesses, the most significant advantage of arbitration is efficiency. Proceedings are often faster and less formal than litigation, saving both time and legal expenses. Recent data from the American Arbitration Association shows that consumer arbitrations involving claims under $10,000 required claimants to pay an average of only $96 upfront, a fraction of typical court filing and service fees. Arbitration is also private, allowing businesses to resolve disputes without the public exposure of court filings, and it gives parties more flexibility to select arbitrators with industry-specific expertise. For example, in technical sectors or for construction disputes, the ability to choose an arbitrator familiar with the subject matter can be invaluable. THE CHALLENGES AND RISKS Despite these benefits, arbitration has drawbacks that small businesses must weigh carefully. One concern is the finality of the process: arbitration awards are binding and extremely difficult to appeal, even if the arbitrator makes a mistake. Costs can also escalate, where filing fees can start at $2,000 for two-party matters, significantly higher than the fees in many courts. In addition to paying arbitrators by the hour, parties must also account for the legal fees they pay to their attorneys, which can make the overall expense substantial. Another challenge is that arbitration clauses are widespread in contracts drafted by larger players, often skewing the balance of power. The Economic Policy Institute has reported that more than half of private-sector employers already require arbitration in employment contracts, and nearly a third of those also include class-action waivers. In consumer finance, the Consumer Financial Protection Bureau has found that arbitration clauses appear in about 53% of credit card agreements and more than 90% of prepaid card contracts, meaning small businesses may find themselves bound by terms they did not negotiate. BALANCING THE DECISION Ultimately, whether arbitration clauses are effective depends on the specific circumstances of the business and the contract. For ongoing relationships with trusted partners, arbitration may provide a streamlined and less adversarial path to resolution. But for small businesses engaging with larger corporations or consumers, arbitration clauses may limit options and restrict leverage. The prevalence of arbitration in both employment and consumer markets underscores its growing importance, but also signals the need for careful tailoring to avoid unintended consequences. CONCLUSION Arbitration can be a valuable tool for small businesses seeking efficiency, privacy, and subject-matter expertise in dispute resolution. At the same time, its finality, potential costs, and risk of imbalance must be considered before adopting these clauses wholesale. For many small businesses, the best approach may be to draft arbitration provisions narrowly, allowing arbitration for certain disputes while preserving the option to go to court in others. The SJS Law Firm, PLLC remains committed to guiding small business owners through contract negotiations and dispute resolution planning. For a complimentary consultation, please contact us at (202) 505-5309. Source Notes: American Arbitration Association, Consumer Arbitration Fact Sheet ; Economic Policy Institute, The Future of Mandatory Arbitration Clauses in Employment Contracts (2023); Consumer Financial Protection Bureau, Arbitration Clauses in Consumer Finance Markets (2024); JAMS, Arbitration Schedule of Fees & Costs .

As Black Business Month is celebrated this August, it is important to take a closer look at the realities and achievements of Black-owned enterprises in today’s economy. 2024 data from the U.S. Census Bureau and the Federal Reserve provide a clear picture of the scale and economic footprint of Black-owned enterprises, and their continued challenges with profitability and access to capital. This newsletter highlights the most up-to-date statistics available, offering a broad view of the landscape for Black-owned enterprises. THE CURRENT LANDSCAPE OF BLACK-OWNED BUSINESSES According to the Census Bureau’s December 19, 2024 release of the Annual Business Survey covering 2022, the United States had an estimated 194,585 Black- or African American-owned employer firms. Those companies generated about $211.8 billion in annual receipts, employed roughly 1.6 million workers, and paid approximately $61.2 billion in annual payroll. A quarter of Black-owned employer firms operated in Health Care and Social Assistance, underscoring the sector’s central role in Black business formation and job creation. Most Black-owned businesses operate without employees. The Census Bureau’s Nonemployer Statistics by Demographics (released August 8, 2024, covering 2021) reported approximately 4,128,432 Black-owned nonemployer businesses. These businesses accounted for about 14.5% of all nonemployer businesses nationwide and generated an estimated $109.8 billion in receipts. This illustrates the breadth of Black entrepreneurship across sole proprietorships and microbusinesses, which often serve as pipelines for future employer firms. PERFORMANCE AND EXPECTATIONS The Federal Reserve Banks’ 2024 publication Firms in Focus: Chartbook on Firms by Race and Ethnicity of Ownership (based on the 2023 Small Business Credit Survey of small business employer firms) provides detail on performance and outlook. At the end of 2022, only 28% of surveyed Black-owned employer firms reported operating at a profit, compared with 50% of white-owned employer firms. Even with those challenges, expectations remained optimistic: going into 2024, 77% of Black-owned employer firms anticipated revenue growth over the next 12 months, and 58% anticipated expanding headcount. These optimistic expectations highlight the resilience and forward-looking confidence of Black business owners. CHALLENGES IN ACCESS TO CAPITAL Financing remains a binding constraint. Among credit applicants in the 2023 survey year, as summarized in the Federal Reserve Banks’ 2024 chartbook, only 32% of Black-owned employer firms were fully approved for the financing they sought, compared with 56% of white-owned firms. Denial rates showed a mirror image: 41% of Black-owned applicants were denied outright, compared with 18% of white-owned applicants. These disparities continue to shape growth trajectories of black-owned enterprises by limiting the ability to invest in inventory, equipment, and payroll when demand is rising. CONCLUSION Taken together, the 2024 releases point to a Black-owned business ecosystem that is broad in participation, increasingly present in employment-creating firms, and concentrated in service sectors like health care, while still contending with profitability headwinds and sharply uneven access to credit. For organizations looking to support Black businesses, the message is clear: pair demand-side opportunity with capital readiness, credit access, and working-capital solutions, so that promising firms can translate strong pipelines into durable job growth. The SJS Law Firm, PLLC remains committed to supporting and advising entrepreneurs as they navigate these challenges and opportunities. For a complimentary consultation, please contact us at (202) 505-5309. Source Notes: U.S. Census Bureau, Annual Business Survey , reference year 2022 (released Dec. 19, 2024); U.S. Census Bureau, Nonemployer Statistics by Demographics , reference year 2021 (released Aug. 8, 2024); Federal Reserve Banks, Firms in Focus: Chartbook on Firms by Race and Ethnicity of Ownership (based on the 2023 Small Business Credit Survey), 2024.