Posts tagged “TechLaw”
TechLaw: The final rules implementing the Health Information Portability and Accountability Act ("HIPAA") became effective in March and apply to persons and companies other than those in the health industry. The rules are cumbersome to navigate, but compliance is required by September.
Don't let the golden goose get away: The need for caution when contracting with a local government unit
TechLaw: When contracting with a local government unit, it is important for businesses to consider additional legal requirements that, if not complied with, may void what appeared to be a golden opportunity.
Leaving the apples to rot: The duty of a wronged party to mitigate its damages and its potential waiver in commercial contracts
TechLaw: The duty of a legally-wronged party to mitigate its damages is an important legal mechanism that minimizes economic waste. Under North Carolina law, that duty can be waived in commercial contracts and leases. Before agreeing to do so, contracting parties should consider the potential risks and rewards.
TechLaw: North Carolina law now requires certain private employers with 25 or more employees to use the federal E-Verify system when hiring new employees. North Carolina employers must understand the limits on legal use of the system, know how to proceed based on the confirmation or nonconfirmation received from E-Verify, and be aware of the possible penalties if they fail to use E-Verify, or fail to use it correctly.
A federal judge has taken a big bite out of Apple's $1.05 billion victory in a patent infringement case with Samsung, cutting the award by about 45 percent and ordering a new trial on damages for some Samsung products after finding the jury had erred.
TechLaw: Given the mobility of today's society, the need to determine which state has jurisdiction to hear child custody matters when parents relocate to another state has become more common. The North Carolina Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") governs when North Carolina has jurisdiction to decide particular child custody issues.
TechLaw: A business has been using a trademark in relation to its goods or services for years, but has never bothered to obtain a federal registration for it. Another business starts using a similar trademark and moves to federally register the trademark. How are the rights of the first business impacted?
TechLaw: The end of a marriage is often filled with stress, tension, and clouded judgment. What are your rights when it comes to dividing up the "stuff" after separation and how do you get the process started?
TechLaw: Your relationship with your attorney should be considered no different from any other customer service relationship you have. Is your attorney providing you with the basic tenets of customer service?
TechLaw: The real estate market is awakening, especially in the Triangle. Opportunities for bargains abound for buyers looking for property upon which to build or looking for newly-finished homes or business structures. But be careful. There's some walking dead property out there.
TechLaw: An Equal Employment Opportunity Commission ruling in April 2012 determined that employers found to be discriminating against an employee or applicant because of that person's gender identity are violating Title VII of the Civil Rights Act of 1964.
TechLaw: Two of the most important considerations a person should make when purchasing real property is whether the land is burdened by restrictive covenants and whether those restrictive covenants will affect the purchaser's intended use of the property.
TechLaw: Generally, a shareholder of a corporation owes no fiduciary duty to the corporation despite the shareholder's ownership interest. The shareholder can deal or refuse to deal with the corporation as the pure self-interest of the shareholder dictates. Is that still the law in North Carolina when the shareholder is the only owner of the corporation?
TechLaw: Many companies routinely make loans or otherwise extend credit to other businesses or individuals. Often the company making the loan will want some collateral from the borrower to secure repayment of the loan. How do you, as the lender, obtain a valid security interest in the collateral, and how is that security interest protected and enforced?
TechLaw: The North Carolina General Assembly is poised to modernize the state's tax code to reflect its current services-based economy. You and your company need to be prepared for the changes that appear to be coming your way.
TechLaw: Most purchasers of real property, and almost all of their lenders, obtain title insurance. Title insurance, however, is not a cure all. This article addresses the coverage that title insurance provides to you and the rights of your title insurance company in dealing with a claim from you.