Posts tagged “TechLaw”

Updated October 28, 2009

Now's the time to gift: Strategies to make the most of the current financial situation

Ward and Smith, P.A. TechLaw: In today's economic climate, it is easy for business owners and other high-worth individuals to feel pessimistic about financial matters. However, in the world of gift and estate taxation, unusually low interest rates provide several planning opportunities that capitalize on depressed real property and stock values. Furthermore, new gift tax legislation allows these planning opportunities to be used with little or no out-of-pocket gift tax expense. Families should get serious about planning today in order to pass assets to a younger generation with as little tax cost as possible.

Tags: TechLaw
October 21, 2009

The erosion of ‘OBX’ and the importance of distinctive trademarks

Ward and Smith, P.A. TechLaw: If you have ever traveled the roads of North Carolina, or perhaps any state on the eastern seaboard, you likely have seen vehicles bearing a white, oval-shaped sticker with "OBX" printed on it. That trademark was extraordinarily valuable for its owner for over a decade. However, a recent ruling from a federal appeals court has drastically eroded its value. The case underscores for business owners the importance of "distinctiveness" in formulating and marketing trademarks.

Updated October 7, 2009

Employment-at-will rule: A doctrine under siege

 TechLaw: The employment-at-will rule has served management well for 132 years. However, it has taken some hits. How much vitality remains in the at will rule?

Tags: TechLaw
Updated September 30, 2009

Good faith, due care, loyalties – Responsibilities of nonprofit directors

What are board member requirements? TechLaw: It is common in today's business world for individuals to serve as directors on one or more nonprofit corporation boards such as their church, homeowners association, or a public charity. Rarely, however, do people understand the responsibilities they accept when becoming a nonprofit director.

Tags: TechLaw
Updated September 23, 2009

‘The answer, my friend, is blowin’ in the wind’ – What is future of wind energy projects in N.C.?

 TechLaw: North Carolina has some of the best wind resources in the nation. Are we ready and willing to use them to generate green, low-cost electricity?

September 16, 2009

Do you have a good title? The financial crisis and the rise of surprise title issues

 TechLaw: The downturn in the economy has led to a number of financial problems with lenders, property owners, developers, builders, general contractors, and subcontractors of newly constructed, or recently improved, homes and commercial buildings. These financial problems can get passed to the purchasers in the form of unknown, and unexpected, title problems.

Tags: TechLaw
September 2, 2009

Breaking up is hard to do – Valuation of stock options in divorce

Divorce and assets TechLaw: In North Carolina, like many other states, when spouses physically separate and ultimately divorce, each is entitled to an equitable distribution of the couple's marital and divisible property.

Tags: TechLaw
Updated August 26, 2009

Should you fight the good fight: How to evaluate unemployment claims and choose the ones to contest

Reviewing claims for unemployment TechLaw: The troubled economy has made unemployment by many members of the work force a reality. When determining whether or not to contest a claim for unemployment benefits, the employer's knowledge of the process is critical.

Updated August 20, 2009

Privacy as we know it just died – and the Internet killed it

Internt and privacy don't mix TechLaw:In this technologically advanced age, nearly anyone can disseminate information around the world with just the click of a mouse. You no longer have to be famous to draw attention from millions of viewers. Through the Internet, anyone can reach a mass audience. But how does this, or should this, change or affect the current state of privacy laws?

Tags: TechLaw
August 12, 2009

From bad to worse: The expanded fiduciary duties imposed on directors of insolvent, near insolvent corporations

Executive suite challenges TechLaw: A member of a corporation's board of directors always owes certain fiduciary duties to that corporation. However, a corporate director's fiduciary duties expand to include creditors when the corporation becomes insolvent or is nearing insolvency.

Tags: TechLaw
Updated August 5, 2009

Taxation of patent sales: Even innovation answers to Uncle Sam

Patents and taxes TechLaw: Your sale of a patent, like the sale of any property, may result in either ordinary income or capital gain tax treatment. Understanding the rules applicable to the taxation of patent sales will ensure that any income you receive from the sale of your patent will be taxed at the long-term capital gain rate instead of the higher, ordinary income rate.

Tags: TechLaw
Updated July 29, 2009

International estate planning: Issues arising when your estate crosses national borders

Planning for your estate TechLaw: The term "international estate planning" may conjure up images of offshore trusts in the Cayman Islands or numbered bank accounts in Switzerland, but multinational tax and fiduciary law issues affect not only ultra-wealthy international jet setters but also anyone who is a resident non-citizen, who is married to a non-citizen, or who has property located in more than one country.

Tags: TechLaw
Updated July 23, 2009

Miss deferred compensation compliance deadline? You still may be able to fix documents, avoid triple tax if you act quickly

IRS TechLaw: As of January 1, 2009, documents containing deferred compensation must include "magic language" to avoid the adverse tax consequences of Internal Revenue Code Section 409A. Although the IRS has not provided any relief to taxpayers who missed the deadline, you still may have a limited opportunity to comply.

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