Posts tagged “TechLaw”
Eminent domain and you: What is 'just compensation' government must pay?
TechLaw: If an agency with the power of eminent domain decides to take your property against your will, it will have to pay you "just compensation." However, in any given case, there can be vast differences of opinion as to what compensation is "just" under the applicable facts.
Buying assets from a bankrupt company
TechLaw: A sale under Section 363 of the Bankruptcy Code provides a useful tool for distressed companies seeking to sell their assets and provides a potential opportunity for buyers to purchase the assets at bargain prices. Purchasing at a Section 363 Sale nevertheless requires an understanding of the process and careful planning.
The fine print: The perils of focusing only on price when entering into a contract to purchase real property
TechLaw: Most purchasers of real property understand that the closing of the purchase of real property is an exercise in reading the "fine print" of real estate and loan documents, but many fail to "read the fine print" before signing a contract to purchase property. Buyers who do not carefully review and negotiate all of the terms of the contract might be in for an unpleasant surprise.
Alienation of affections and criminal conversation: Preserving the sanctity of marriage or antiquated law?
TechLaw: North Carolina is one of only eight states that still recognize the torts of alienation of affections and criminal conversation. Amid years of calls to abolish these torts, recent legislation was passed in North Carolina to limit them. What are these torts and what is the change in the law?
Arguing patents: Bilski oral argument sheds little light
TechLaw: The oral argument before the Supreme Court in the case of Bilski v. Kappos sheds a little light on what is likely to be the fate of business method patents, and it appears that software patents may be safe for now.
Selling a company: The 'nuts and bolts' of selling
TechLaw: Last week in Part 1 of this article, we discussed some of the more common expectations of sellers of operating companies and some of the matters that sellers should take into consideration in finding buyers and conducting preliminary negotiations. This week's article discusses tax and contract negotiation considerations sellers should keep in mind.
Now's the time to gift: Strategies to make the most of the current financial situation
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.
The erosion of ‘OBX’ and the importance of distinctive trademarks
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.
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?
Good faith, due care, loyalties – Responsibilities of nonprofit directors
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.
‘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?
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.
Breaking up is hard to do – Valuation of stock options in divorce
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.
Should you fight the good fight: How to evaluate unemployment claims and choose the ones to contest
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.
Privacy as we know it just died – and the Internet killed it
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?
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