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Posts tagged “TechLaw”

July 9, 2010

Premium Lock The Bilski patent decision: A return to established Supreme Court precedent

Supreme Court TechLaw: While some may interpret the Court’s opinion as opening the floodgates to business method patents, a more careful reading reveals that the Court pointed out other sections of the Patent Act which not only require careful scrutiny of business method inventions, but also provide sound basis to refuse patenting of business methods that are mere concepts or too abstract.

Tags: TechLaw
July 7, 2010

Premium Lock Can I recover my attorneys’ fees if I sue?

Ward and Smith, P.A. TechLaw: That's often the first question a business owner will ask the business's attorney when discussing whether to sue another party. Litigation is expensive, and attorneys' fees can be a large part of the expense. Can you get the other party to pay your attorneys' fees?

Tags: TechLaw
Updated June 23, 2010

Premium Lock Tax man provides help – New opportunities for savings on sale of IP assets

Ward and Smith, P.A. TechLaw: Under the right circumstances, the Internal Revenue Service now will allow a taxpayer to defer tax on the sale of certain intellectual property assets using an Internal Revenue Code § 1031 like-kind exchange. This policy change presents significant opportunities for tax savings.

Tags: TechLaw
June 9, 2010

Premium Lock The importance of saving litigation-related electronic documents

Ward and Smith, P.A. 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.

Tags: TechLaw
May 26, 2010

Premium Lock Trade secrets: Can you identify yours?

Ward and Smith, P.A. 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.

Tags: TechLaw
Updated May 12, 2010

Premium Lock Asset protection planning: Shoot before the buzzer

Ward and Smith, P.A. 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.

Tags: TechLaw
April 28, 2010

Premium Lock Employer-owned life insurance: Rules to follow to reap maximum benefit

Ward and Smith, P.A. 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.

Tags: TechLaw
April 14, 2010

Premium Lock Think globally, fight locally: How to secure home-field advantage for business disputes

Ward and Smith, P.A. TechLaw: Your business needs to ignore borders to compete but, when disputes arise, you want to be able to fight close to home. A few simple steps will improve your chances.

Tags: TechLaw
Updated March 31, 2010

Premium Lock Prudent bidding on real estate at a foreclosure sale

Ward and Smith, P.A. 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.

Tags: TechLaw
Updated March 17, 2010

Premium Lock Employers watch out – There are new sheriffs in town

Ward and Smith, P.A. 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.

Tags: TechLaw
Updated March 3, 2010

Premium Lock Breaking the record: Public records under N.C. Public Records Act

Ward and Smith, P.A. 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.

Tags: TechLaw
Updated February 17, 2010

Premium Lock Good faith, due care, loyalty: Fiduciary duties of directors of for-profit corporations

Ward and Smith, P.A. 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.

Tags: TechLaw
February 3, 2010

Premium Lock Debt collection pitfalls: How to avoid adding insult to injury

Ward and Smith, P.A. 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

Tags: TechLaw
January 22, 2010

Premium Lock Divorce and taxes

Ward and Smith, P.A. TechLaw: By any measure, divorce is a painful process. Don't make it even more so by making easily avoidable blunders which can result in serious negative tax consequences.

Tags: TechLaw
December 30, 2009

Premium Lock Here today, gone tomorrow: The repeal and reinstatement of the federal estate and generation skipping transfer taxes

Ward and Smith, P.A. 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.

Tags: TechLaw
December 23, 2009

Premium Lock Surviving the current economic crises in the construction industry

Ward and Smith, P.A. 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.

Tags: TechLaw
Updated December 9, 2009

Premium Lock Eminent domain and you: What is 'just compensation' government must pay?

Ward and Smith, P.A. 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.

Tags: TechLaw
December 2, 2009

Premium Lock Buying assets from a bankrupt company

Ward and Smith, P.A. 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.

Tags: TechLaw
November 25, 2009

Premium Lock The fine print: The perils of focusing only on price when entering into a contract to purchase real property

Ward and Smith, P.A. 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.

Tags: TechLaw
Updated November 18, 2009

Premium Lock Alienation of affections and criminal conversation: Preserving the sanctity of marriage or antiquated law?

Ward and Smith, P.A. 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?

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