A Conversation with Bri Podraza of Resolute Law

We are excited to welcome Bri Podraza, attorney with Resolute Law.  

Bri - tell us a little about yourself? 

I am an attorney at Resolute Law. I focus my practice on business planning, estate planning, and general litigation!

Outside of the office and/or the courtroom, I enjoy outings with my husband and son, taking care of my collection of houseplants, and crossing things off of my never-ending HGTV-inspired home project list!

What makes Resolute Law unique? 

At Resolute Law, we’re driven by one simple goal: real results for real people. We know that when clients come to us, whether they’re starting a business, planning for the future, or facing a legal challenge, they don’t just want legal jargon or vague advice. They want clarity, confidence, and solutions that work.

We take a personalized, practical approach with every client and every case. That means understanding our clients’ goals, identifying their risks, and creating legal strategies designed to protect what matters most.

1. Legal Considerations at Startup

• What are the biggest legal mistakes small business owners make when starting their business?

Having the correct documents in place prior to starting a business is imperative for small business owners. Frequently, clients come to us with business formation documents they either put together themselves or obtained online that are not in compliance with Nebraska law. 

Properly prepared documents, such as operating agreements, bylaws, buy-sell agreements, and contracts, clearly define roles, responsibilities, and procedures, reducing the risk of future disputes. They also help safeguard personal assets, outline ownership structures, and establish guidelines for decision-making and conflict resolution. Ultimately, professional legal guidance provides clarity, protection, and a solid foundation for long-term business success.

• What are the key differences between an LLC, sole proprietorship, and corporation, and how do you choose the right one?

The key differences between an LLC, sole proprietorship, and corporation involve liability protection, taxation, and structure. A sole proprietorship is the simplest and easiest to start but offers no personal liability protection. An LLC provides liability protection for owners while maintaining flexible management and pass-through taxation. A corporation offers the strongest liability protection and potential tax benefits but has more formal requirements and regulations. Choosing the right one depends on factors like liability concerns, tax preferences, business goals, and the level of structure and formality you want for your business.

Properly prepared documents, such as operating agreements, bylaws, buy-sell agreements, and contracts, clearly define roles, responsibilities, and procedures, reducing the risk of future disputes. They also help safeguard personal assets, outline ownership structures, and establish guidelines for decision-making and conflict resolution.

2. Legal Implications for Branding, Marketing & Advertising

• At what point should a small business consider trademarking or copyrighting its brand, products, or services?

A small business should consider trademarking or copyrighting its brand, products, or services as soon as those assets become a key part of its identity or competitive advantage. Trademarking a business name, logo, or slogan helps protect brand recognition and prevents others from using similar marks. Copyright protection applies automatically to original works like logos, website content, or marketing materials, but registering a copyright provides stronger legal protection. 

Early protection is often recommended to avoid costly disputes later and to safeguard the brand as the business grows.

• What legal risks do small businesses face when it comes to marketing, advertising, and branding—especially regarding claims, intellectual property, and promises to customers?

Small businesses face several legal risks in marketing, advertising, and branding, particularly when it comes to making claims, using intellectual property, and communicating with customers. False or misleading advertising, including exaggerated claims or unsubstantiated promises, can lead to lawsuits or regulatory penalties. Using copyrighted materials, trademarks, or images without permission can result in intellectual property infringement claims. Additionally, businesses must be careful with guarantees, warranties, and promotional language to avoid breaching consumer protection laws or creating unintended contractual obligations. Clear, truthful messaging and securing the right permissions are essential to reducing these risks.

Copyright protection applies automatically to original works like logos, website content, or marketing materials, but registering a copyright provides stronger legal protection.
Early protection is often recommended to avoid costly disputes later and to safeguard the brand as the business grows.

3. Legal Protections for Ongoing Operations

• What legal protections should a small business have in place when hiring employees or independent contractors?

Well-drafted employment agreements or independent contractor agreements that outline roles, responsibilities, payment terms, confidentiality, and ownership of work created are essential for small businesses who are hiring employees and/or independent contractors.

Businesses also need to have clear policies on non-disclosure, non-compete, and non-solicitation where appropriate. Proper worker classification (employee vs. contractor) is crucial to avoid tax and legal penalties. Additionally, having an employee handbook and compliance with wage, hour, and anti-discrimination laws helps protect the business and set clear expectations.

• What legal considerations should small businesses keep in mind when expanding into e-commerce or digital sales?

When expanding into e-commerce or digital sales, small businesses should consider several key legal factors to protect themselves and their customers. Privacy policies and terms of service are essential to outline how customer data is collected, used, and protected. Businesses must also comply with data protection laws, such as GDPR or CCPA, depending on where customers are located. Clear refund, shipping, and return policies help manage customer expectations and reduce disputes. Additionally, businesses should ensure their website content, product descriptions, and marketing materials respect intellectual property laws and avoid misleading claims.