Posts tagged “TechLaw”

Updated February 27, 2013

Premium Lock Child custody in today's mobile society

Ward and Smith, P.A.   TechLaw: Given the mobility of today's society, the need to determine which state has jurisdiction to hear child custody matters when parents relocate to another state has become more common. The North Carolina Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") governs when North Carolina has jurisdiction to decide particular child custody issues.

Tags: TechLaw
Updated February 13, 2013

Premium Lock Hey - They stole my trademark! Can they really do that?

Ward and Smith, P.A.   TechLaw: A business has been using a trademark in relation to its goods or services for years, but has never bothered to obtain a federal registration for it. Another business starts using a similar trademark and moves to federally register the trademark. How are the rights of the first business impacted?

Tags: TechLaw
January 30, 2013

Premium Lock Here comes the sun - and it's alright (as long as you have a good solar lease)

Ward and Smith, P.A. TechLaw: The North Carolina General Assembly is requiring North Carolina utilities to purchase energy from renewable sources. The hot sun beating on you and your land can be one of those sources.

Tags: TechLaw
Updated January 2, 2013

Premium Lock Top 10 'non-tax' estate planning recommendations

Ward and Smith, P.A. TechLaw: Despite the uncertainty about the future of the gift and estate tax laws, meaningful estate planning goals can be achieved by paying careful attention to various "non-tax" considerations.

Tags: TechLaw
December 19, 2012

Premium Lock This, that and the kitchen sink: Dividing it all up after a marriage ends

Ward and Smith, P.A. TechLaw: The end of a marriage is often filled with stress, tension, and clouded judgment. What are your rights when it comes to dividing up the "stuff" after separation and how do you get the process started?

Tags: TechLaw
Updated December 5, 2012

Premium Lock The attorney-client relationship - Are you getting what you deserve?

Ward and Smith, P.A. TechLaw: Your relationship with your attorney should be considered no different from any other customer service relationship you have. Is your attorney providing you with the basic tenets of customer service?

Tags: TechLaw
November 21, 2012

Premium Lock The re-awakening real estate market: Watch out for zombies!

Ward and Smith, P.A. TechLaw: The real estate market is awakening, especially in the Triangle. Opportunities for bargains abound for buyers looking for property upon which to build or looking for newly-finished homes or business structures. But be careful. There's some walking dead property out there.

Tags: TechLaw
November 7, 2012

Premium Lock Love, keystroking, spyware and passwords: Oh my!

Ward and Smith, P.A. TechLaw: When faced with troubling family law situations, it is tempting to utilize technology to confirm or deny suspicions about your spouse. What is legal and what can land you in hot water?

Tags: TechLaw
October 24, 2012

Premium Lock Who am I? EEOC recognizes gender identity discrimination

Ward and Smith, P.A. TechLaw: An Equal Employment Opportunity Commission ruling in April 2012 determined that employers found to be discriminating against an employee or applicant because of that person's gender identity are violating Title VII of the Civil Rights Act of 1964.

Tags: TechLaw
Updated October 10, 2012

Premium Lock Restrictive Covenants: What they are and why should you care?

Ward and Smith, P.A. TechLaw: Two of the most important considerations a person should make when purchasing real property is whether the land is burdened by restrictive covenants and whether those restrictive covenants will affect the purchaser's intended use of the property.

Tags: 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
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The Skinny: A Blog by Rick Smith