There is no doubt the intellectual property (IP) assets owned, generated or acquired by your business can be vital to its success or failure. A thoughtful IP strategy can help you realize the value of IP assets. For example, your IP assets may generate revenue through the licensing, sale or commercialization of certain protected products or services, as well as significantly … [Read more...] about Intellectual Property: Understanding and Protecting Your Most Valuable Assets
Legal Opinions
Protect Your Small Business
Lately, more and more clients ask what they can do to protect their small businesses. Most understand that corporations and limited liability companies (LLCs) may shield them from personal liability for the debts and other obligations of the business; however, they seem to be unclear as to how the law works in the opposition direction. How can an owner protect their small … [Read more...] about Protect Your Small Business
Giving Family Members a Piece of the Business: Tips and Traps
Perhaps you have been considering giving your children a piece of the family business. Maybe you would like them to be more involved or invested in its future. Maybe your financial advisor has been urging you to do some estate or income tax planning. Or maybe you are just looking to retire. Whatever the reason, it may be time for you to decide exactly how you are going to … [Read more...] about Giving Family Members a Piece of the Business: Tips and Traps
ACA Rollout Continues With Employer Mandate and Cadillac Tax
On March 23, 2010, the Patient Protection and Affordable Care Act (ACA) became law, initiating the most significant change in U.S. healthcare since the establishment of Medicare in 1965. Many significant health plan changes have already occurred. The rollout of ACA continues with the implementation in 2015/2016 of “employer mandate” and in 2018 of the controversial “Cadillac … [Read more...] about ACA Rollout Continues With Employer Mandate and Cadillac Tax
HOAs, Super Priority Liens, and Foreclosures Life After SFR Investments v. US Bank
Recently, the Nevada Supreme Court tackled two critical issues: First, whether a homeowners’ association (“HOA”) is a super priority lien on a property for up to 9 months of unpaid HOA dues; and second, whether such lien can be foreclosed upon nonjudicially. These issues were decided in the affirmative in SFR Investments Pool 1 v. US Bank, 334 P.3d 408 (2014). In SFR, former … [Read more...] about HOAs, Super Priority Liens, and Foreclosures Life After SFR Investments v. US Bank
Integrating Drones into the National Airspace System
A Job for Technically Competent Engineers and Regulators and Government Relations Lawyers When Congress ordered the Federal Aviation Administration (“FAA”) to come up with a plan for the safe integration of aerial vehicles which do not have a pilot on board, variously referred to as unmanned aerial systems (“UAS”), remotely piloted systems (“RPS”) and drones, it was … [Read more...] about Integrating Drones into the National Airspace System
Giving Proper Attention to Your “Entrance Strategy”
Business people with great ideas want to move on them quickly and see them flourish in the marketplace. Even new businesses often keep their eyes on an aspirational prize: the “exit strategy”. However, many businesses encounter difficulties and sometimes even debilitating conflicts during their life cycle because not enough attention was paid to the company’s organizational … [Read more...] about Giving Proper Attention to Your “Entrance Strategy”
Five Ways to Avoid Litigation
The reality of today’s world is that we live in a litigious society. Litigation is an expensive endeavor to all parties involved, not just financially, but also the lost opportunity costs associated with the amount of time spent litigating the case rather than focusing on your business itself. The best way to avoid litigation is to reduce the risk of being sued or having to … [Read more...] about Five Ways to Avoid Litigation
Embracing Due Diligence On Your Company
Whether you seek third party investment in your company or want to sell it, your business will most likely undergo a period between agreeing on a term sheet or letter of intent and signing a definitive agreement – the due diligence phase. Many companies dread this, but as transactional lawyers who frequently represent companies raising investment capital or participating in … [Read more...] about Embracing Due Diligence On Your Company
Collections – What Rights Do Businesses Have To Collect What They Are Owed?
Getting paid for the goods and services you provide is vital to every business. For many business owners, collecting what is owed is the least pleasant part of their business. You entered the business world to sell a product or provide a service – not to chase receivables. Collection does not, however, have to be a dreadful burden. There are many steps that can be taken to … [Read more...] about Collections – What Rights Do Businesses Have To Collect What They Are Owed?
Does Your Case Warrant An Appellate Expert?
You lost. After years of litigation—cumbersome discovery, numerous pre-trial motions, and a contentious trial—the jury ruled against you. You have important decisions to make. Accept the Result or Appeal? Statistically, very few appeals are successful. The appellate courts will assume that your trial was fair enough and that sufficient evidence justified the judgment. … [Read more...] about Does Your Case Warrant An Appellate Expert?
Small Business Succession Opportunities
Small businesses grow through the ingenuity of their owners. An owner’s pride in a flourishing business can make identifying and implementing a succession plan difficult, but addressing succession planning can prevent disastrous outcomes. Recognizing The Result Of Failure To Plan. Many owners fail to plan for the inevitable life changes – retirement, incompetency, and death – … [Read more...] about Small Business Succession Opportunities
Mobile Gambling and the Implications of American Broadcasting Company, Inc. v. Aereo, Inc.
The United States Supreme Court’s interest in intellectual property cases has waxed and waned over the decades. Under Chief Justice Roberts, however, the Court has shown a renewed willingness to take on such matters, and the Court’s recent decision in American Broadcasting Company, Inc. v. Aereo, Inc. (“ABC v. Aereo”), is just one example. Increasingly in these cases, the … [Read more...] about Mobile Gambling and the Implications of American Broadcasting Company, Inc. v. Aereo, Inc.
Chapter 11 for Individuals: Three Key Differences from Business Reorganizations
Chapter 11 is primarily a vehicle for businesses to reorganize, but can also be utilized by individuals (i) who have debts that exceed the limits for “wage earner” repayment plans under Chapter 13; and/or (ii) earn too much to be eligible for a Chapter 7 liquidation. For example, Chapter 13 is only available to debtors with less than $383,175 in unsecured debt (debts that are … [Read more...] about Chapter 11 for Individuals: Three Key Differences from Business Reorganizations
Estate Tax Changes Require Immediate Attention
Many people likely recall Congress’ so-called “fiscal cliff” negotiations at the end of 2012, which resulted in a great deal of commotion regarding changes to the income tax. Most of us have encountered these changes to some degree, but fewer people are probably aware that as a result of the “fiscal cliff” negotiations Congress also enacted permanent changes to the federal … [Read more...] about Estate Tax Changes Require Immediate Attention