| BizActions Prebuilt Legal Channel Content Samples: |
| General Litigation: |
Battling a Class Action Suit Fighting a suit brought by many people who are claiming the same injury is a long and complicated process. A class action may be more efficient for the judicial system but it's a major headache for the company. Here's an explanation of what's involved when a company is the target of a class action suit. Full Article
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Show Me the Money In some cases, winning a financial award in court is just half the battle. Collecting is another matter altogether. Here are some of the tools available to help get your money after winning a case. Full Article
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Advocacy vs. Neutrality: Overcoming the Expert's Dilemma Expert witnesses are engaged to analyze and explain complex information in an understandable way. But unlike attorneys, they do not act as advocates for clients. Expert witnesses must present material in a neutral manner in order to be effective. Here are some frequently asked questions about the objectivity challenges faced by expert witnesses and how they can be overcome so that there is no perception of bias. Full Article
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| Commercial Law: |
Complying with the Red Flags Rule Many businesses are considered creditors due to their financing operations, and therefore, they are required to comply with the identity theft Red Flags Rule that went into effect in 2008. That means covered businesses must establish written programs to identify the warning signs of identity theft and how they will respond to them. Take a look at what is required, as well as some examples of red flags that businesses may be required to look out for. Full Article
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Guarantee the Accuracy of Warranty Ads
You may want to stress warranties when you advertise products. But be careful. The FTC has regulations limiting what, how and when you can make claims. Click "Full Article" for an explanation of how federal law treats warranty ads and FTC-approved examples of what you can say. Full Article
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Disclaiming Responsibility in Contracts
To help protect your company in the event something goes wrong with your products or services, contracts should include disclaimers or "hold harmless" provisions. Here are two protections you should know about. Full Article
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| Business Law: |
Transfer Pricing: Maximize Opportunities and Minimize Risks
Today's global marketplace has made transfer pricing one of the most important concerns for companies with foreign operations. Not only do these businesses have to comply with complex regulations, the IRS and tax authorities worldwide have intensified their audit focus on the way companies value goods and services between their related entities. Here are five considerations to help minimize your company's global tax liability while reducing your audit exposure. Full Article
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Struggling Firms Get a Second Chance The "automatic stay" provision of the bankruptcy code allows corporations a chance to get back on the right track. There is relief from collection actions and credit sometimes becomes easier to obtain. Click "Full Article" below to learn why. Full Article
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Sell Corporate Stock Tax-Free to an ESOP One of the best tax breaks available to closely held businesses is the ability to sell stock to an employee stock ownership plan (ESOP) on a tax-free basis. This strategy works well for business owners who are looking for an exit strategy and are committed to the concept of employee ownership. Click "Full Article" for the details. Full Article
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| Tax Law: |
Tax Planning for a Home in the Event of Divorce
The sale of a home is a common occurrence in a divorce. If you are going through a marital break-up, depending on how you divide your property and how the divorce papers are worded, you could end up paying taxes on a home sale gain that would otherwise be tax-free. Read the "Full Article" to find out what you need to do to plan ahead and pocket your share of the profits. Full Article
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Court Decisions Make it Easier to Deduct LLC Losses Recent court decisions make it much easier for LLC owners to escape the passive activity rules and deduct losses. This is good news for owners because the IRS has been known to make these owners pass stringent tests that were hard to meet. Find out what has changed by clicking "Full Article." Full Article
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Keep Land Undeveloped While Collecting a Tax Break Do you own a parcel of land that you want to keep pristine and undeveloped? One option may be to make a conservation contribution of the land to a charitable organization. You'll keep your scenic landscape and pocket tax savings. The latest tax law reinstated a liberalized tax deduction for qualified contributions through 2011. Individual taxpayers, farmers and ranchers can benefit from the liberalized deduction rules. Here are the details. Full Article
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| Employment Law: |
Avoid Costly Employer Mistakes Today's employers face a growing list of liability dangers. They begin as soon as a business starts looking for job applicants and can continue even after employees leave the company. Here are three cases involving a medical practice, a manufacturer and a restaurant that highlight some of the surprising dangers all employers might encounter. Full Article
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Family-Duty Discrimination Lawsuits are Up Discrimination against parents and other caregivers is becoming a new battleground for employers, according to a report from the law school at the University of California. Lawsuits can arise when employees are treated differently at work because of their responsibilities for children, elderly parents, or ill relatives. Click "Full Article" for a look at this growing trend in litigation and what your organization can do to help protect itself from liability. Full Article
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Guidance on Diabetes in the Workplace The number of Americans diagnosed with diabetes is growing dramatically and employers are dealing with the implications in the workplace. Discrimination claims filed by diabetics are increasing and the EEOC has issued guidance for employers on the problem. Here's a look at the highlights of the federal guidelines. Full Article
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| Elder Law: |
The Need for a Conservator or Guardian Incapacitation hits some elderly people and they need someone to take control of their lives. Of course, the best way is to plan ahead. But if that doesn't happen, a petition can be filed and a court can decide whether a person needs a conservator or guardian. Click "Full Article" for the differences and the process of getting an appointment. Full Article
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Know the Rights of Grandparents Death, divorce, remarriage and family turmoil can affect the ability of grandparents to see their grandchildren. When that happens, both generations can be deprived of an important relationship. Click "Full Article" for a guide to the legal rights of grandparents. Full Article
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Assisted Living Cost Considerations As the population ages, assisted living facilities around the country are increasing in popularity. But the facilities vary widely and can be expensive. The majority of residents pay out-of-pocket, rather than having government health programs cover the costs. Here is a quick look at the rate structures of the facilities, along with other financial factors to consider. Full Article
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| Estates: |
How to Pick an Executor A critical part of making sure your final wishes are fulfilled involves choosing an executor. There are certain characteristics that a qualified executor possesses. Click "Full Article" to find out what they are, along with information about responsibilities, fees and more. Full Article
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Answers to Your Questions About Living Trusts Living trusts are popular estate planning tools, but they're not for everyone. Click "Full Article" for some frequently asked questions about how these trusts work, what the advantages are, and more. Full Article
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Align Your Will With Other Documents When planning for the disposition of your assets, make sure you take into account any property that will pass by "operation of law." These items transfer to designated beneficiaries automatically upon death -- regardless of what your will says. Click "Full Article" to find out how to avoid unintentional problems for your heirs. Full Article
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| Trusts: |
An 'Intentionally Defective' Trust Can Save Taxes It's not often that you try to fail tax rules on purpose. However, a unique estate planning technique relies on the intentional defects of an irrevocable or grantor trust. Take a look at how a "defective trust" can help you save taxes -- and the strategy is approved by the IRS.Full Article
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A Tax-Saving Gift with Strings Attached One estate planning tool that allows you to transfer a closely held business or other income-producing assets to your children is a grantor retained annuity trust. A GRAT allows you to retain control over the assets while minimizing gift and estate taxes. Here's what you need to know. Full Article
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A Special Trust for Special Needs Leaving an inheritance to a disabled relative may cause that person to lose critical benefits. However, there are ways to continue protecting your loved ones after death. Click "Full Article" for details on setting up a special needs trust.Full Article
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| Wealth Management: |
Are Municipal Bonds Right for Your Situation? No investment, including municipal bonds, is appropriate for every investor. Before purchasing, consider their advantages and disadvantages to see if munis are appropriate for your portfolio. We'll also tell you about the new "Build America Bonds," which were created as part of President Obama's stimulus package passed in 2009. They are providing cash-strapped municipalities with access to capital so they can build roads, improve facilities and take on other projects. Full Article
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Corporations: Good Time for Tax-Wise Transactions If you are an owner of a C corporation, it may be a good time to arrange for dividend payments, stock redemptions and stock sales. Though the federal income tax rate structure is currently favorable, it's scheduled to change dramatically after this year. Here are some strategies to consider before the end of 2010. Full Article
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Evaluating 'Alternative Investments' for Your IRA strong>Although it's not well known, you can put Individual Retirement Account (IRA) funds in investments other than publicly traded stocks, bonds, mutual funds, Treasuries, and money market instruments. Here is a basic rundown of the types of alternative investments allowed for IRAs, such as stock is not publicly traded, real estate and stock options, as well as the traps to avoid. Full Article
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| Real Estate: |
Landlords Must Comply with Federal Credit Law To help decide on acceptable tenants, landlords are allowed to use consumer reports from credit bureaus and other agencies. But they must follow the requirements of the Fair Credit Reporting Act, or risk costly penalties. Click "Full Article" for the whole story. Full Article
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Negotiating a Commercial Lease When entering into a commercial lease, don't accept any terms the landlord includes or sign a form lease. Click "Full Article" for some items that should be included in a lease to obtain maximum legal, economic and tax advantages. Full Article
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Defer Tax With a Like-Kind Exchange Do you want to sell commercial or investment real estate that has appreciated significantly? One way to defer a tax bill on the gain is with a "like-kind" exchange. With this tax strategy, you don't tie up your money. You keep it working for you. Here are the details. Full Article
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| Intellectual Property: |
Patents Versus Trade Secrets Putting a padlock on your company innovations is essential to maintaining your competitive edge. And there are two principal ways to protect your intellectual property rights, each offering distinct advantages and disadvantages. Here is an explanation of the differences between patents and trade secrets. Full Article
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Who Makes Decisions on What Your Company Should Patent? Do employees at your company approach management about potential new products on an ad hoc basis? Would you like to formalize the process? Many companies and universities establish a patent board or committee to help make strategic intellectual property decisions. The members of these boards ultimately decide which products and processes should be patented. What's more, a formal board can encourage innovation. Click "Full Article" for some of the issues involved in setting up a board. Full Article
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Proving Damages When Intellectual Property is Stolen In cases of patent infringement, the patent owner may want to sue for lost profits. In other words, the amount of profits the patent owner would have earned if the infringement had not occurred. This requires an analysis of certain criteria. Click "Full Article" for an explanation of four factors courts often use in determining awards involving lost profits after patent infringement. Full Article
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| Lessons from Tax Court: |
Documentation Is the Key to Deductions If you have incomplete or no records and get audited by the IRS, it can cost you valuable deductions. This article describes one Tax Court case in which the taxpayer lost a bundle because he didn't keep the proper documentation to prove the business travel, charitable contributions and casualty loss expenses claimed on his tax return. Where did he go wrong and what can you learn from the case?
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Real Estate Pros Need Statement to Benefit from a Special Rule If you are a landlord for residential or commercial property, you may be unable to deduct losses from the activities due to the tax rules for passive activity losses -- or PALs, for short. However, you may qualify for a special exception for real estate professionals. Over the years, the Tax Court has heard cases that show how to make an election that allows some taxpayers to claim losses. Here is an explanation of the rules and the court cases. Full Article
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Home Office Must Pass 'Exclusive' Test Decades ago, it was not uncommon for shopkeepers and blacksmiths to live above or behind their stores. Today's version of a home office is often more complicated, with small business owners operating out of a portion of their residences. You may be able to deduct the expenses attributed to a home office on your tax return if you meet the requirements laid out by the IRS. In one Tax Court case, a man claimed that approximately 70 percent of his home was used for business purposes. Full Article
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| Business Fraud Prevention & Detection: |
Important Facts About Whistleblower Hotlines One of the best ways to help prevent and detect internal fraud and other unethical behavior is to set up a hotline. It also helps publicly traded corporations comply with the Sarbanes-Oxley Act. Here are a 14 important considerations to keep in mind if your company is interested in setting up a whistleblower hotline, which is sometimes called a fraud, ethics or compliance hotline. If your business already has one in place, these considerations might help make your hotline more successful. Click "Full Article" for the details. Full Article
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Minimize Legal Risk During Internal Investigations You suspect fraud at your company. Your first reaction may be to hand it off to your staff members to look into it. But before doing that, take a moment to consider these steps that can help ensure a successful inquiry without opening your business to the threat of a lawsuit. Click "Full Article" for the details. Full Article
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Help Prevent Invoice Fraud at Your Business One of the most common frauds perpetrated against businesses involves employees submitting inflated invoices or billing for services that were never performed. In some cases, workers add themselves as vendors and receive checks from their employers. But in other incidents, they enlist third parties outside the organization and split the proceeds. Here is an example of such a case, along with some steps to take to avoid invoice fraud from happening at your company. Click "Full Article" for the details. Full Article
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| Syndicated Content Samples for Law Firms: |
Categories include:
Corporate |
Real Estate |
Financial Services |
Environmental |
Healthcare |
Employment |
Intellectual Property |
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The following articles are samples from the Intellectual Property Category: |
Courts Order 82 Domain Names Seized in Counterfeiting Cases Right in time for the busy online shopping day dubbed Cyber Monday, federal courts ordered the seizure of 82 web domain names in a federal crackdown announced by U.S. Attorney General Eric H. Holder Jr. and John Morton, director of the Department of Homeland Security's Immigration and Customs Enforcement. Agents across the country posed as Internet customers and ordered supposed high-end goods, including buys that caused 17 domain names to be seized through the U.S. District Court for the District of Columbia. (Source: The Washington Post (free reg. req'd), 2010-11-29)
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Supreme Court Agrees to Hear Microsoft's $300 Million Patent Case The U.S. Supreme Court will consider making some patents more vulnerable to legal challenge, agreeing to hear Microsoft's appeal in a case that forced changes in the company's Word software and may cost it $300 million. Microsoft, fighting a verdict won by closely held I4i LP, says the federal appeals court that handles patent cases is making it too hard for those accused of infringement to argue that a patent never should have been issued and is invalid. (Source: Bloomberg, 2010-11-29)
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SAP Ordered to Pay Record $1.3B in Oracle Copyright Case SAP AG must pay Oracle Corp $1.3 billion for software theft in a jury verdict that could be the largest-ever for copyright infringement. Europe's top software maker, which said it was disappointed by the verdict, could now try to get the dollar amount knocked down by the trial judge, or pursue an appeal. (Source: Reuters, 2010-11-23)
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High Court Won't Review "Innocent Infringers" Illegal Music Suit Whitney Harper likes music and enjoyed sharing it with her teen-age friends, but that put her in deep legal trouble, and she has become the face of unresolved legal issue over so-called "innocent infringers." The Supreme passed up a chance to review the appeal of the young Texas woman, who was targeted by the recording industry with illegally downloading music on her home computer when she was a high schooler. (Source: CNN.com, 2010-11-29)
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Supreme Court Refuses to Hear Tiffany's Case Against eBay The U.S. Supreme Court refused to revive Tiffany & Co.'s bid to hold EBay accountable for sales of counterfeit goods on its auction website. The justices left intact a ruling that said Tiffany couldn't use federal trademark law to sue EBay, the most-visited U.S. e-commerce site. (Source: Bloomberg, 2010-11-29)
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High School Logos Face Trademark Opposition from Colleges Universities steadfastly protect their trademarked logos, which appear on everything from oven mitts to underwear, and their reach is increasingly stretching toward high schools. If a school's logo can be confused with a university's, or if it is capable of diluting its value, the universities often demand changes. (Source: The New York Times (free reg. req'd), 2010-11-26)
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Wreath Firms Take Christmas Tree Design Patent Battle to Court Two Maine wreath companies are headed to court -- for a third time -- after Morrill Worcester of locally based Worcester Wreath Co. filed suit in federal court against David Whitney of Whitney Originals LLC of Machias. The dispute centers on the design of and decorations on a miniature Christmas tree that Worcester contends Whitney deliberately copied, despite an existing patent and an earlier agreement between the two competing companies regarding the tree's design. (Source: Bangor Daily News, 2010-11-23)
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Facebook Steps Closer to Getting Trademark on "Face" Facebook is a few steps away from getting a trademark on the word "face" with the United States Patent and Trademark Office, according to a document discovered by the technology blog TechCrunch. According to the document and filing, Facebook was informed that it could move to the next phase of the trademark process, which will include paying a fee and providing a "Statement of Use" illustrating how the word will be used in the real world and on line once it has been trademarked. (Source: The New York Times (free reg. req'd), 2010-11-24)
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