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Posts tagged “TechLaw”

April 18, 2012

Premium Lock Latest news on wireless, land-line services, CISPA, NYC

Bulldog U.S. wireless traffic more than doubles; State laws let telephone companies end land-line services; Cybersecurity Bill revised to ease privacy concerns; 'Smart screens' to replace pay phones in NYC.

April 11, 2012

Premium Lock The Limited Availability to employers of additional claims for relief in noncompetition disputes

Ward and Smith, P.A. TechLaw: The North Carolina Business Court has recently issued an opinion suggesting that, in most cases, an employer's claim for breach of a former employee's noncompetition agreement will be the employer's only possible remedy. North Carolina employers need to be aware of this limitation and take proper steps to ensure that they are able to fully protect their rights.

Tags: TechLaw
Updated March 28, 2012

Premium Lock Proposed patent fees under Leahy-Smith America Invents Act: Be prepared for sticker shock

Ward and Smith, P.A. TechLaw: The Leahy-Smith America Invents Act was signed into law on September 16, 2011, amid much fanfare. The recently proposed fees authorized by Section 10 of this Act, however, have generated more shock than fanfare.

Tags: TechLaw
March 15, 2012

Premium Lock I've been sued for a preference (and don't feel preferred at all)

Ward and Smith, P.A. TechLaw: My business received a demand letter from a bankruptcy trustee for a bankrupt customer asking me to return payments I received for goods and services provided to the customer. Do I have to return the payments?

Tags: TechLaw
March 2, 2012

Premium Lock Taxpayers have one more chance to avoid trouble: IRS announces new offshore voluntary disclosure program

Ward and Smith, P.A. TechLaw: In January, the IRS announced a new Offshore Voluntary Disclosure Program for taxpayers with undisclosed foreign assets. The IRS warns taxpayers to come forward or risk facing severe penalties and criminal prosecution.

Tags: TechLaw
Updated February 15, 2012

Premium Lock Tracing the comet's tail: Metadata is now discoverable information in litigation

Ward and Smith, P.A. TechLaw: Much like tracing a comet's tail will eventually lead one's eyes to the comet, metadata are bits of information that can be traced to a piece of electronically stored information. These bits and pieces of hidden data used to be largely ignored, but they are now discoverable during litigation under North Carolina law. Business owners should plan accordingly.

Tags: TechLaw
February 1, 2012

Premium Lock Does your company's website privacy policy pass the test?

Ward and Smith, P.A. TechLaw: Just weeks ago, the Federal Trade Commission announced a settlement with Facebook over allegedly unfair privacy practices. The Facebook(r) matter presents a lesson about important but often overlooked website privacy law that your company should consider if it has a website.

Tags: TechLaw
January 18, 2012

Premium Lock Your federal estate and gift tax exemption - Use it or lose it?

Ward and Smith, P.A. TechLaw: All individual taxpayers have a window of opportunity for passing their assets to family members or other individuals with less gift tax than ever under current tax law. But this window is more than "half-way shut." So, immediate action is necessary to take advantage of this opportunity.

Tags: TechLaw
January 4, 2012

Premium Lock Conservation easement opportunities: Protect natural resources, receive tax savings

Ward and Smith, P.A. TechLaw: A conservation easement may protect natural resources for future generations, while affording you substantial property, income, and estate tax savings and, at the same time, allowing you to retain title and the right to use your land for many purposes.

Tags: TechLaw
December 21, 2011

Premium Lock What do 'fairness' and the middle class have to do with your independent contractors?

Ward and Smith, P.A. TechLaw: The Obama Administration has been talking a lot about "fairness" these days. President Obama has identified this time in history as a "make or break moment for the middle class," and he has made clear that his intent is to "level the playing field" in America. So what does this have to do with your independent contractors?

Tags: TechLaw
Updated December 7, 2011

Premium Lock Domestic violence comes to work: Its impact in the workplace and what employers can do

Ward and Smith, P.A. TechLaw: Domestic violence often follows employees to work, affecting employer costs, absenteeism, productivity, and workplace safety. What can an employer do?

Tags: 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 ยง 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
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The Skinny: A Blog by Rick Smith