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Posts tagged “TechLaw”

Updated January 5, 2011

Premium Lock It pays to know: What employees, owners with children should know about child support

Ward and Smith, P.A. TechLaw: Correctly determining the income of parents is critical in establishing the proper child support obligation. North Carolina's recently revised Child Support Guidelines clarify what is and what is not income for purposes of child support.

Tags: TechLaw
December 22, 2010

Premium Lock New Year's resolution: What employers need to know - and not do - in the new year

Ward and Smith, P.A. TechLaw: The vast majority of employers mean well and try to do the right thing. However, as the saying goes, "the road to hell is paved with good intentions." Simply stated - it is hard to do the right thing if you don't understand what the law requires. As an employer, resolve to avoid some common mistakes this new year.

Tags: TechLaw
December 8, 2010

Premium Lock The personal costs of commercial lending

Ward and Smith, P.A. TechLaw: Commercial lending transactions can have far reaching implications, affecting more than just your business. In obtaining commercial loans, individuals may incur personal liability despite the protections afforded by various business structures.

Tags: TechLaw
December 1, 2010

Premium Lock Premarital agreements - Hoping for the best, planning for the worst

Ward and Smith, P.A. TechLaw: Most people think that premarital agreements are only for the cold-hearted, the extremely wealthy, or fictional television characters, but, in reality, they may be a much needed tool for you. Ask yourself a question - would you enter into a business partnership with another person without clearly defining each partner's rights and obligations?

Tags: TechLaw
November 10, 2010

Premium Lock Incorporating asset protection into your business succession plan

Ward and Smith, P.A. Tech Law: When a business owner plans to transfer ownership and management of the business to the next generation, protection of the business assets from lawsuits, divorce, bankruptcy, and other third party claims should be considered. Such protection frequently can be achieved by employing a few straight forward devices, such as limited liability companies, "spend thrift" trusts, and buy sell agreements.

Tags: TechLaw
October 27, 2010

Premium Lock The Low-Profit Limited Liability Company ("L3C") – North Carolina's new double hybrid entity

Ward and Smith, P.A. TechLaw: In August, North Carolina recognized a new species of legal entity – the Low-Profit Limited Liability Company, or "L3C" – for the first time. To some, it is the "best of all possible worlds" because its purpose is to allow investors to make a profit while pursuing charitable and socially-beneficial goals.

Tags: TechLaw
October 13, 2010

Premium Lock Letter of intent: Is it really what you intended?

Ward and Smith, P.A. TechLaw: "Letters of intent" are often used by parties who are thinking about entering into a contract with another party, but who do not yet want to be bound by any particular provisions. However, without careful drafting, the party sending a letter of intent might find itself bound to the provisions of the letter as if it were a final contract.

Tags: TechLaw
September 29, 2010

Premium Lock Express yourself: Workplace breast pumping in the health care reform act

Ward and Smith, P.A. TechLaw: The Patient Protection and Affordable Care Act was signed into law on March 23, 2010. The new law includes a provision that requires certain employers to provide mothers reasonable break time to express milk for their infants who are up to one year old. Employers need to know the requirements.

Tags: TechLaw
September 15, 2010

Premium Lock Hide and seek: Untangling conundrum of having U.S. money judgments recognized, enforced in foreign countries

Ward and Smith, P.A. TechLaw:You and your American company have entered the international market, but you have ended up being harmed by a foreign company. Nervous about litigating abroad, you consider suing the foreign company in the United States. Before you sue, you should consider whether a U.S. money judgment will be recognized and enforced in the foreign country.

Tags: TechLaw
September 1, 2010

Premium Lock Uncle Sam's buying, but can you afford to sell?

Ward and Smith, P.A. TechLaw: Federal government contracting can be steady and lucrative work – especially when the private sector is in a recession. But these contracts come with surprising compliance costs unrelated to the actual goods or services being sold. While receiving federal contract dollars is an enticing prospect for technology companies in a down economy, the money comes with many strings attached.

Tags: TechLaw
August 18, 2010

Premium Lock You've got a plan: How do you get the permits?

Ward and Smith, P.A. TechLaw: You think you have a great development plan for expanding or relocating your business. But first, you have to obtain zoning and/or other permit approvals from local elected and appointed boards. Knowing what to expect and having a plan are critical to your plan's success.

Tags: TechLaw
August 4, 2010

Premium Lock Redevelopment of environmentally-damaged property: A less expensive way to relocate or grow

Ward and Smith, P.A. Techlaw: You are interested in finding a cost-effective space for your growing commercial enterprise and have identified an abandoned building that is perfect for your needs and inexpensive because the property is environmentally damaged by soil and groundwater contamination. You recall being warned that buying contaminated property is risky because the owner and operator of such a facility are exposed to substantial cleanup liability simply by owning or operating the property. Should you keep looking, or is there a way to make use of this abandoned building while being protected from such liability?

Tags: TechLaw
August 4, 2010

Premium Lock Intel cleaning up antitrust woes in FTC deal

Intel Corporation Unlike other antitrust cases against Intel, the settlement with the Federal Trade Commission could mean the biggest set of changes for how Intel does business.

July 21, 2010

Premium Lock The ‘earn-out’: A complex issue sometimes requires a complex solution

Ward and Smith, P.A. TechLaw: You started and built a successful business, but you feel it's time to sell. You think you have located a purchaser with a solid reputation who will treat your business and employees well. However, you and the purchaser cannot seem to agree on a price. A properly negotiated and drafted earn-out agreement may be what is needed to close the deal.

Tags: TechLaw
July 9, 2010

Premium Lock The Bilski patent decision: A return to established Supreme Court precedent

Supreme Court TechLaw: While some may interpret the Court’s opinion as opening the floodgates to business method patents, a more careful reading reveals that the Court pointed out other sections of the Patent Act which not only require careful scrutiny of business method inventions, but also provide sound basis to refuse patenting of business methods that are mere concepts or too abstract.

Tags: TechLaw
July 7, 2010

Premium Lock Can I recover my attorneys’ fees if I sue?

Ward and Smith, P.A. TechLaw: That's often the first question a business owner will ask the business's attorney when discussing whether to sue another party. Litigation is expensive, and attorneys' fees can be a large part of the expense. Can you get the other party to pay your attorneys' fees?

Tags: TechLaw
Updated June 23, 2010

Premium Lock Tax man provides help – New opportunities for savings on sale of IP assets

Ward and Smith, P.A. TechLaw: Under the right circumstances, the Internal Revenue Service now will allow a taxpayer to defer tax on the sale of certain intellectual property assets using an Internal Revenue Code § 1031 like-kind exchange. This policy change presents significant opportunities for tax savings.

Tags: TechLaw
June 9, 2010

Premium Lock The importance of saving litigation-related electronic documents

Ward and Smith, P.A. TechLaw: By imposing harsh sanctions, courts across the country are reminding businesses of the need to preserve electronically-stored information which might be relevant to a current, or even potential, lawsuit.

Tags: TechLaw
May 26, 2010

Premium Lock Trade secrets: Can you identify yours?

Ward and Smith, P.A. TechLaw: The law provides businesses with the ability to protect a broad range of confidential business information as trade secrets. To take full advantage of these protections, however, businesses must take the time to identify exactly what information they use that can and should be entitled to trade secret status.

Tags: TechLaw
Updated May 12, 2010

Premium Lock Asset protection planning: Shoot before the buzzer

Ward and Smith, P.A. TechLaw: In basketball, whether the ball passes through the net before the final buzzer sounds can be the difference between a meaningful shot and no points. Like a buzzer beater, asset protection planning can be very effective if completed in a timely fashion. Otherwise, planning likely will not count.

Tags: TechLaw
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