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Posts tagged “TechLaw”

September 26, 2012

Premium Lock Sole shareholders: Is one greater than two?

Ward and Smith, P.A. 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?

Tags: TechLaw
September 12, 2012

Premium Lock Properly securing your loan or credit advance: A secured transactions primer

Ward and Smith, P.A. 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?

Tags: TechLaw
Updated August 29, 2012

Premium Lock What employers need to know about Patient Protection and Affordable Care Act

Ward and Smith, P.A. TechLaw: The United States Supreme Court has spoken. The Patient Protection and Affordable Care Act is the law, and employers must know what they are required to do. It's a long list.

Tags: TechLaw
August 15, 2012

Premium Lock N.C. tax reform - Are you and your company ready?

Ward and Smith, P.A. 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.

Updated August 1, 2012

Premium Lock Title insurance - Reading the fine print

Ward and Smith, P.A. 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.

July 18, 2012

Premium Lock 'JOBS' overview: 'Jumpstart Our Business Startups' act

Ward and Smith, P.A. TechLaw: The JOBS Act signed by the President on April 5, 2012, may offer better capital-raising opportunities to many tech companies and reduce their SEC compliance burdens. But we must await SEC rulemaking to determine how useful the JOBS Act changes will be.

Updated July 5, 2012

Premium Lock Criminal background information in employment: It's not what you learn, but how you use it

Ward and Smith, P.A. TechLaw: While an employer's gathering of criminal background information for use in its hiring and promotion decisions is allowed, it nevertheless can result in a charge of discrimination if such information is not used carefully.

June 20, 2012

Premium Lock Intellectual property in bankruptcy: An Overview

Ward and Smith, P.A. TechLaw: More businesses today rely on intellectual property for day-to-day operations. How might a bankruptcy proceeding affect your or your business's intellectual property rights?

Tags: TechLaw
June 6, 2012

Premium Lock Proposed changes to tax laws may reshape estate planning landscape

Ward and Smith, P.A. TechLaw: President Obama's desired modifications to federal wealth transfer tax laws may limit your future estate planning, but you still have many tax saving opportunities during the remaining months of 2012.

Tags: TechLaw
May 23, 2012

Premium Lock Need a manufacturing facility but don't want to own one? Try contract manufacturing and a comprehensive manufacturing agreement

Ward and Smith, P.A. TechLaw: Developing and marketing products is your expertise, not owning and operating a manufacturing facility. You want to engage a third-party manufacturer to manufacture your products, freeing you up to pursue the aspects of your business that you do most efficiently. If that is the case, you need a well-drafted written Manufacturing Agreement.

Tags: TechLaw
Updated May 9, 2012

Premium Lock Litigation by any other name would still be dispute resolution

Ward and Smith, P.A. TechLaw: Litigation includes many components that are often referred to interchangeably and incorrectly. Understanding the correct use of these terms is essential in gaining a working knowledge of the litigation process.

Tags: TechLaw
May 7, 2012

Premium Lock Google-Oracle jury reaches impasse on key issue

A federal jury in San Francisco has reached an impasse on a key issue in Oracle's copyright-infringement case against Google, handing the database-software company a major setback.

Google vs. Oracle Google vs. Oracle

May 7, 2012

Premium Lock State settles with Abbott Labs for false drug advertising

NCDOJ The Chicago-based drug maker is to pay a record settlement of $100 million total to North Carolina and 45 other states over marketing tactics used for Depakote.

April 25, 2012

Premium Lock When employees' Facebook posts turn into protected activity

Ward and Smith, P.A. TechLaw: The National Labor Relations Board is significantly increasing enforcement related to protecting employees' use of social media websites.

Tags: TechLaw
Updated April 19, 2012

Premium Lock Raleigh proposes funding for open-source government

City of Raleigh The Raleigh City Council voted this week to include $50,000 for a hosted open data catalogue in next year's proposed fiscal budget. Council members will vote on the budget on May 15.

April 18, 2012

Premium Lock Latest news on wireless, land-line services, CISPA, NYC

Bulldog U.S. wireless traffic more than doubles; State laws let telephone companies end land-line services; Cybersecurity Bill revised to ease privacy concerns; 'Smart screens' to replace pay phones in NYC.

April 11, 2012

Premium Lock The Limited Availability to employers of additional claims for relief in noncompetition disputes

Ward and Smith, P.A. TechLaw: The North Carolina Business Court has recently issued an opinion suggesting that, in most cases, an employer's claim for breach of a former employee's noncompetition agreement will be the employer's only possible remedy. North Carolina employers need to be aware of this limitation and take proper steps to ensure that they are able to fully protect their rights.

Tags: TechLaw
Updated March 28, 2012

Premium Lock Proposed patent fees under Leahy-Smith America Invents Act: Be prepared for sticker shock

Ward and Smith, P.A. TechLaw: The Leahy-Smith America Invents Act was signed into law on September 16, 2011, amid much fanfare. The recently proposed fees authorized by Section 10 of this Act, however, have generated more shock than fanfare.

Tags: TechLaw
March 15, 2012

Premium Lock I've been sued for a preference (and don't feel preferred at all)

Ward and Smith, P.A. TechLaw: My business received a demand letter from a bankruptcy trustee for a bankrupt customer asking me to return payments I received for goods and services provided to the customer. Do I have to return the payments?

Tags: TechLaw
March 2, 2012

Premium Lock Taxpayers have one more chance to avoid trouble: IRS announces new offshore voluntary disclosure program

Ward and Smith, P.A. TechLaw: In January, the IRS announced a new Offshore Voluntary Disclosure Program for taxpayers with undisclosed foreign assets. The IRS warns taxpayers to come forward or risk facing severe penalties and criminal prosecution.

Tags: TechLaw
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The Skinny: A Blog by Rick Smith