Posts tagged “TechLaw”
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.
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.
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.
TechLaw: Business owners aware of how vital key employees or co-owners are to the continued success of their business often obtain life insurance on those people in case of their untimely demise. If you are not careful, however, that life insurance may not provide the protection that you think it does.
TechLaw: The well-publicized rise in mortgage defaults has created ample opportunities to purchase commercial and residential real estate at bargain prices. In fact, commercial real estate foreclosures may increase further as more five-year balloon notes mature over the next two years without refinancing availability. There are risks in buying at foreclosure, so potential bidders should learn as much as possible about the property and the process prior to placing the first bid.
TechLaw: There are new sheriffs in town at the U.S. Department of Labor and the Equal Employment Opportunity Commission. It's time for employers to reassess their compliance with the Fair Labor Standards Act and federal discrimination laws.
TechLaw: A business can find a significant amount of valuable information within public records. The term "public records" seems simple enough. It's all that stuff in the vault down at the courthouse, right? While court filings often are public records, public records include much, much more.
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.