By Linda

Editor’s note: Linda Markus Daniels is a member of the Technology Group of Ward and Smith, P.A. RALEIGH – In April of this year, the IRS released its long awaited and lengthy interpretations of Internal Revenue Code Section 409A, setting forth new rules (the "Regulation") related to, among other things, the issuance of non-statutory stock options ("NSOs"). The Regulation includes a significant tax penalty related to the issuance of NSOs with an exercise price less than the fair market value of the underlying stock as of the date of the grant. While incentive stock options ("ISOs") have always been...

Editor’s note: Linda Markus Daniels is a founder of and principal in the Research Triangle Park law firm of Daniels Daniels & Verdonik, P.A. RESEARCH TRIANGLE PARK, N.C. – About two weeks ago I got a referral from another attorney. He had a client who needed help with an international business problem, specifically that she had money in a Zimbabwean bank and was being asked to hire a specific lawyer there and pay lots of fees to get it out. At first she didn’t want to tell me all the facts, but I recognized it immediately as a cousin...

Editor’s note: Linda Markus Daniels is a founder of and principal in the Research Triangle Park law firm of Daniels Daniels & Verdonik, P.A.RESEARCH TRIANGLE PARK — Perhaps we need a new show on the TLC Network, following in the footsteps of Stacy and Clinton’s “What Not to Wear.” Rather than remaking the entrepreneur’s wardrobe, however, we would remake his communications on certain issues. We could look at how others perceive what is being said and how to revise it to be more effective—not to mention substantially reducing business problems resulting from using the wrong words or concepts. The first...

Editor’s note: Linda Markus Daniels is a founder of and principal in the Research Triangle Park law firm of Daniels Daniels & Verdonik, P.A. RESEARCH TRIANGLE PARK, N.C. – It’s finally here—all 397 pages of it. Yes, the IRS has released the final regulations for Section 409A, which will allow companies to know what they can and cannot do with various alternative methods of compensation (i.e., other than salary) without running into penalties. The Regulations specifically relate to any “deferral of compensation,” which as defined in the Regulations runs the gamut from stock options, to severance, to commission payments,...

Editor’s note: Linda Markus Daniels is a founder of and principal in the Research Triangle Park law firm of Daniels Daniels & Verdonik, P.A.RESEARCH TRIANGLE PARK—“The board of directors is meeting!” These words that send chills down the spines of many corporate officers and employees. Directors are such nice people, too. Why would anyone react to a board meeting with fear and trepidation? Well, board meetings often result in major changes in companies. Some changes are good, like raising capital, buying other companies and hiring new people. Other changes can have seriously adverse consequences for officers and employees, like...

Editor’s note: Linda Markus Daniels is a founder of and principal in the Research Triangle Park law firm of Daniels Daniels & Verdonik, P.A. RESEARCH TRIANGLE PARK, N.C. – The lawyer tells you that it will cost $325 per mark per class (what ever that means) to file your trademark registration and then there will be attorney fees on top of that; it will take more than a year for the registration to be completed and some big company may challenge your right to use the mark. Gee, is it worth it when all your company really gets at...

Editor’s note: Linda Markus Daniels is a founder of and principal in the Research Triangle Park law firm of Daniels Daniels & Verdonik, P.A. RESEARCH TRIANGLE PARK, N.C. – Contracts come in all shapes and sizes. At the most fundamental level, a contract is simply an agreement of one person to exchange something with another person; in most cases the exchange is some form of payment for a good or service. Regardless of the exchange involved, however, most written contracts have three core concepts: the business terms, risk allocation and boilerplate. After years of drafting contracts, here some thoughts...

Editor’s note: Linda Markus Daniels is a founder of and principal in the Research Triangle Park law firm of Daniels Daniels & Verdonik, P.A. RESEARCH TRIANGLE PARK—If your company is considering hiring that bright young college graduate who just happens not be to be a U.S. citizen or resident, it may already be too late—at least until October 2008. The window for the U.S. Citizenship and Immigration Service (CIS) to accept petitions for H-1B visas opens next Monday, April 2, for visas to be issued for FY 2008 (Oct. 1, 2007 – Sept. 30, 2008). There is considerable speculation...

Editor’s note: Linda Markus Daniels is a founder of and principal in the Research Triangle Park law firm of Daniels Daniels & Verdonik, P.A. RESEARCH TRIANGLE PARK, N.C. At this time of year it is common to reflect on what you have learned over the last year. I thought I would share some of what I found to be the more interesting legal tidbits. These tidbits are not necessarily new law, but issues I had not addressed in the past, and thus things that are not every-day type issues addressed by a law firm with a focus on technology...