Posts tagged “TechLaw”
TechLaw: Whether you are a director of a Fortune 500 company or a small "mom and pop" company, you owe certain fiduciary duties to the corporation and its shareholders. Obedience to the duties of good faith, due care, and loyalty must be the director's guiding star.
TechLaw: As a business owner, you might think that the worst thing that could happen when you extend credit to a customer is having the debt go unpaid. Think again. If you aren't careful in attempting to collect on the debt, you may find yourself liable for damages to the non-paying customer. How can you avoid such an indignity
Here today, gone tomorrow: The repeal and reinstatement of the federal estate and generation skipping transfer taxes
TechLaw: The federal estate and generation skipping transfer taxes are repealed for at least part of 2010, with reinstatement of both taxes scheduled for 2011. These dramatic changes in the tax law will cause significant confusion and problems, but also may open the door to some excellent planning opportunities.
TechLaw: The current economic climate for the construction industry provides an excellent opportunity for those who work in, conduct business in, or are a part of the construction industry to embrace and implement certain best practices that not only will help them survive the current recession, but also will allow them to emerge from it stronger.
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.
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?
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.
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.
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.
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.
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.
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.
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.
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.
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?