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Posts tagged “TechLaw”

November 23, 2011

Premium Lock When zoning regulations violate due process

Ward and Smith, P.A. TechLaw: A county's zoning ordinance prohibits cell phone towers that are over 100 feet tall. The zoning ordinance, however, allows other structures (including other types of towers) to exceed 100 feet in height. Are there any constitutional protections that can be invoked to challenge this prohibition that seems arbitrary on its face?

Tags: TechLaw
November 9, 2011

Premium Lock Cyber-bullies in N.C.: Are our children protected?

Ward and Smith, P.A. TechLaw: Each year, thousands of adolescents in North Carolina find themselves the victims of "cyber-bullying." North Carolina addressed this controversial issue with the passage of § 14 458.1 of the North Carolina General Statutes.

Tags: TechLaw
October 26, 2011

Premium Lock 'I have a right to know!' Well, maybe. Inspection rights in nonprofit corporations

Ward and Smith, P.A. TechLaw: Nonprofit corporations, including property owners' associations, are generally intended to "do good." But, more often than necessary, they foster "bad feelings" among their members because of ill-informed document inspection policies.

Tags: TechLaw
October 12, 2011

Premium Lock Planning for the estate tax - Is 'portability' all you need? Maybe not

Ward and Smith, P.A. TechLaw: In light of recent changes in the federal estate tax exemption laws, you may need to update your estate tax planning.

Tags: TechLaw
Updated September 28, 2011

Premium Lock New NC law on reciprocal attorney's fees in business contracts

Ward and Smith, P.A. TechLaw: A new North Carolina law provides that business contract terms allowing recovery of attorneys' fees are enforceable if they apply to all contracting parties and are "signed by hand." Attorneys' fee awards under this law will be very unpredictable.

Tags: TechLaw
September 14, 2011

Premium Lock How should two or more people own property? Does it matter?

Ward and Smith, P.A. TechLaw: When two or more people purchase property, they rarely consider how they should take title to the property, and this could be a big mistake.

Tags: TechLaw
August 31, 2011

Premium Lock Rehab: It's not just for celebrities anymore

Ward and Smith, P.A. TechLaw: A Raleigh-based company's refusal to hire a recovering drug addict results in an Equal Employment Opportunity Commission lawsuit.

Tags: TechLaw
August 17, 2011

Premium Lock Giving up the home court advantage: Forum selection clauses

Ward and Smith, P.A. TechLaw: The common, but often ignored, "forum selection clause" in many contracts can have significant consequences for you, both good and bad.

Tags: TechLaw
August 3, 2011

Premium Lock Limits on limited liability company protections

Ward and Smith, P.A. TechLaw: Use of a limited liability company has become a popular business planning tool because of the broad protections it affords owners of the LLC from the actions and debts of the LLC. However, the reverse is not necessarily true. Under certain circumstances, a creditor of an owner can reach the owner's interest in the LLC or even the LLC's assets.

Tags: TechLaw
July 20, 2011

Premium Lock Patent reform legislation ... the race is on!

Ward and Smith, P.A. TechLaw: Patent reform legislation pending in Congress is poised to become the most significant patent legislation in nearly 60 years. How will it affect your intellectual property management decisions?

Tags: TechLaw
July 6, 2011

Premium Lock Having your cake and eating it too: Removing assets from your taxable estate while retaining access for your financial support

Ward and Smith, P.A. Techlaw: With the proper use of special trusts, you may "have your cake and eat it too" by removing assets from your taxable estate while nonetheless preserving your access to them for your personal financial support.

Tags: TechLaw
June 22, 2011

Premium Lock Seeing red in green building issues

Ward and Smith, P.A. TechLaw: Green building has graduated from fad to trend to a powerful force. Although green building only recently has challenged traditional construction, a gap between expectation and performance has begun to grow.

Tags: TechLaw
June 8, 2011

Premium Lock Employers must act now to comply with EEOC disability regulations

Ward and Smith, P.A. TechLaw: On May 24, 2011, regulations went into effect that may expand the number of disabled employees in your workplace who will require accommodation.

Tags: TechLaw
May 25, 2011

Premium Lock Raising new capital: Selling stock without registration? Be careful

Ward and Smith, P.A. TechLaw: It's time to raise capital to get your company off the ground or expanded. The sale of stock seems like the best approach, but what about the expensive registration requirements? Is there a way around them? Maybe.

Tags: TechLaw
May 11, 2011

Premium Lock The value of non-compete agreements, trade secret protection to mid-sized businesses

Ward and Smith, P.A. TechLaw: There are simple legal steps a mid-sized business can take to protect its customer relationships and trade secrets.

Tags: TechLaw
April 26, 2011

Premium Lock You're doing better financially, so it's a good time to consider your estate planning

Ward and Smith, P.A. TechLaw: Recent changes to the federal transfer tax laws are taxpayer-friendly and present many planning opportunities for taxpayers during 2011 and 2012.

Tags: TechLaw
Updated April 21, 2011

Premium Lock Intellectual property issues in the sale of your business

Ward and Smith, P.A. TechLaw: Despite what business owners might think, almost every business, technology-related or not, has intellectual property. Consequently, intellectual property often is overlooked when a business is being sold. Understanding your business's intellectual property can be critical to selling your business smoothly, without undue delay.

Tags: TechLaw
Updated April 13, 2011

Premium Lock Congratulations, you're a landlord - Now what?

Ward and Smith, P.A. TechLaw: You found residential rental property in foreclosure and you invested. What's next? Some recent changes in residential landlord-tenant law have made it more important than ever to know just what you have gotten into.

Tags: TechLaw
Updated March 30, 2011

Premium Lock LLCs, other business entities may not protect members, owners from personal liability for their own wrongful actions

Ward and Smith, P.A. TechLaw: The protections offered by limited liability companies and other limited liability business entities are invaluable to business owners. Nevertheless, in certain circumstances, a business owner may be held personally liable for his or her own wrongful actions, even when those actions are done in furtherance of the company's business.

Tags: TechLaw
Updated March 2, 2011

Premium Lock From 'friend request' to discovery request: Issues raised by business use of social media

Ward and Smith, P.A. TechLaw: Facebook, Twitter, LinkedIn, and other social media create new opportunities, risks, and obligations for a business, and especially when litigation is involved. This article briefly highlights a few of the most salient information management and litigation issues raised by a business's use of social media.

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