HG.org Legal Resources

Business and Industry Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Business and Industry.


Doris Duke’s Estate Battle -- Why Contesting a Will is Sometimes Necessary

Most people have heard of the concept behind a Will contest, yet most have never been involved in one. A Last Will and Testament cannot be challenged simply because a potential beneficiary is not happy with what he or she received under the terms of the Will.

President Obama’s Proposed Budget for 2013

President Obama issued another round of proposed financial budget measures that would affect the 2013 fiscal year. On February 13, 2013, the President’s cabinet presented his plan to Congress. Focusing on permanently rebuilding a national economy, the President’s 2013 Budget Bill seeks to slash government spending and increase the tax rate for the wealthiest Americans.

Highlights of Corporate Taxes in the Democratic Republic of Congo

This brief gives insights on taxes applied to corporate income and corporate capital gains. Corporate Income Tax - Congolese companies are taxed on the territoriality principle. As a result, companies carrying on a trade or business outside the Democratic Republic of Congo (DRC) are not taxed in the DRC on the related profits.

Don't Let Impulses Steal Your Retirement

Statistics indicate that the majority of people who reach the age of eligibility rely on their Social Security benefits to provide most of their income. This can be either grossly inadequate or perfectly acceptable depending on two factors: The exact amount of your benefit and the financial responsibilities that you have when you enter into retirement.

Cayman Islands' Court of Appeal Re-affirms Status of Segregated Portfolio Companies

The Cayman Islands Court of Appeal has re-affirmed the distinction between segregated portfolio companies (“SPCs”) and their segregated portfolios and the insolvency implications for each. In ABC Company (SPC) v J & Co. Ltd (CICA Unreported, May 2012) the Court of Appeal re-affirmed that the insolvency of one segregated portfolio in an SPC will not impact the other segregated portfolios in that SPC so as to require a winding up order to be made over the SPC as a whole.

Tax Hikes Loom

Oklahoma City estate planning attorneys are always reminding their clients to stay in touch because the initial estate plan is like a snapshot whereas estate planning as a whole is an ongoing motion picture of sorts. As things change, the estate plan that you previously constructed may need to be updated – something to keep in mind every step of the way.

Who is Going to Handle Your Final Arrangements

You have to think things all the way through in order to find the motivation that you need to stop procrastinating and finally start making preparations for the future. If you asked a random sampling of individuals about the things that are most important to them, “family” would probably be at the top of the list for the majority of the respondents.

Oklahoma City Trust Administration Basics

When you evaluate the basic anatomy of a revocable living trust you see that there are three principal players. We would like to break it down in a very rudimentary manner for you here.

Transferring Quarry and Mining Rights in the Democratic Republic of Congo [DRC]

The mining code of the Democratic Republic of Congo [DRC] provides for a possibility of leasing and assigning mining and quarry rights. Since mining and quarry rights, as expressed in mining and quarry permits, are real and exclusive property rights, it is possible to lease and assign these rights, although under the restrictions set out in the Mining Code.

Your Last Will: The Human Element

When you think about a Last Will, the act of stating your wishes in writing is probably the thing that comes to mind. However, there is more to it than simply letting everyone know how you would like your resources to be distributed after your passing.

Prepare to Address Assisted Living Expenses

Keeping your fingers crossed while hoping for the best is no substitute for intelligent planning when you are considering the eventualities of aging. As the Baby Boomers reach retirement age, studies show that a high percentage of them are unprepared.

Government Medicaid Audits Cost 5 Times What They Recover

In 2008, the federal government launched a Medicaid audit program designed to curtail the estimated $60 billion a year that Medicaid loses to fraudulent claims and overpayments. Since its inception, the program has performed about 1,550 audits, resulting in the identification of about $20 million worth of Medicaid overpayments and fraud.

Popular Medicaid Myths

The idea of having to move into an assisted living community or nursing home environment is not appealing to a great many people. However, it’s estimated that about 43% of everyone age 65 and over will use a nursing home at some point in their lives. Paying for nursing home care is often very difficult, and these expenses are not covered under Medicare.

Fraud Continues to Plague Medicaid System

Medicaid, the joint state and federal health insurance program designed to provide health care to the poor, needy, disabled, and elderly, loses billions of dollars in losses every year. Soon, that number may soon increase when the Affordable Care Act expands Medicaid coverage to millions more Americans. Of the $400 billion spent on Medicaid last year, it’s estimated that about 8% of it was lost to fraud and abuse.

Background Checks and the Fair Credit Reporting Act

A natural segue from our last article regarding conviction records is to briefly touch on background checks and the requirements of the Fair Credit Reporting Act (FCRA). For the truly ambitious, the you can read the complete FCRA text. Background checks are most commonly encountered during the hiring process. For that reason, we will focus on a scenario involving an employer and an applicant.

New Liaison Office Regulation of Turkey

A new regulation published on 03 July 2012 dated, 28342 numbered Official Gazette amending the Regulation for Implementation of Foreign Direct Investment Law. By thus, liaison offices are subject to new regulations both in in permission and operation proceedings. According to the article 6 of the new Regulation, Ministry of Economy is authorized to give permissions as the governmental body.

Bringing a New Partner into a Medical Practice

This article gives an outline of how to bring a new physician into a medical practice. I go from common sense to legal advice, from the physician’s purchase of ownership to the parties’ exit strategy to unwind the relationship.

May a Physician Compete against His or Her Former Practice?

If you are in a group medical practice, you might wonder, “Can I or another doctor in this practice set up a competing practice?” “Will a non-competition agreement prevent it?” These questions are crucial both to the existing group and the physician who would set up the competing practice.

Shareholder Buy-sell Agreements for Medical Corporations

In this article I explain shareholder buy-sell agreements for physicians and medical corporations. A buy-sell agreement (also called a shareholders agreement) protects the corporation from the physician / shareholders, specifically their death, loss of license, disability, divorce and dispute.

Termination Clauses in Physician Employment and Contractor Agreements

In this suite of articles, I explain the basic corporate, business and contract law issues for medical corporations and group medical practices in California. I explain things from both sides, that is, the perspectives of both the individual physician and the group practice. The articles in this suite are:

Environmental Audit, One of the Conditions for Mining Operations in the Democratic Republic of Congo

Mining is a key sector and continues to grow in several part of the world including in the Democratic Republic of Congo [DRC]. Legislation for mining may require an environmental impact assessment to be carried out before a mine is developed, and that a mine be developed and operated in an environmentally sound manner with the least impact on the environment. This paper gives insights of the environmental audit for mining operations in the DRC.

Doing Business in the Dominican Republic

Dominican Republic has best legal framework for the Foreign Investment - Legal System - The Constitution of the Dominican Republic defines the government system as being democratic, republican and presidential. It also provides that the exercise of power is divided among three independent branches: executive, legislative and judicial.

As More Boomers Retire, Retirement Homes Scramble to Change[1]

The generation that grew up in the postwar economic boom is bringing with it new expectations as it enters retirement at a rate of 10,000 people per day. Just as they drove change in American society as they took leadership roles in business, academia, technology and government. Baby boomers are changing the way retirement communities and senior living centers serve the needs of elderly Americans.

The Franchise in Panama

The success of franchises in Panama is based on the trust and smooth communication of the parties and the enterprise will of the franchisee, as well as the professional administration of the franchiser.

Fraudulent Medicaid Claims Decreasing, but Still a Problem

As states across the country continue to struggle with solving their Medicaid funding problem, fraudulent Medicaid claims continue to plague the system. Last year alone, the federal government lost about $22 billion of Medicaid funds because of fraudulent claims. Because Medicaid is a jointly funded federal and state program, state losses are also thought to be significant.

When is Medicaid Planning Actually Fraud?

If you have heard claims such as “protect your estate assets and still qualify for Medicaid” and wondered about the legality of the claims, you are smart to do so. Although it is possible to legally protect many of your assets and still qualify for the Medicaid program, it must be done carefully, and with the help of an experienced elder law attorney, in order to prevent Medicaid fraud.

Old-Fashioned Estate Plans

Many people never think about making an estate plan. Let’s take a moment and consider this: if you are going to make an estate plan what are the steps that you would take to make the best possible plan?

Proceed With Caution to Avoid Elder Financial Abuse

There are some people who will go to any lengths to line their own pockets, and they will even stoop so low as to target senior citizens. Indeed, elder financial abuse is all too common these days and expert observers are finding that the problem is on the rise.

Are You Aware of Medicare Limitations?

It is a rude awakening when you start to reach middle-age and find that you are not prepared for retirement. One of the reasons why far too many people find themselves in a bad position is because they expect too much from Social Security and Medicare.

A Lesson in Estate Planning - The Larry Hillblom Story

You have likely been told how important estate planning is by numerous people. If you are like many people though, a real life example hits home much more effectively than general advice. The Larry Hillblom story is one of many famous examples of why estate planning should be done early one and revised on a regular basis.

A Lack of Estate Planning

Do you have a legal plan in place in case you should become mentally disabled or in the event of your death? If not, your family may face a long and stressful time in court. When you don’t have an estate plan to deal with end-of-life issues such as the distribution of your property and guardianship for your children, state law takes over and decides the fate of your estate.

Inadequate Estate Planning

While most of us are aware of the risks of not having an estate plan the truth is, having an inadequate plan can be just as risky. Your estate plan should do more than just distribute your assets – it should protect them as well. A good plan can also protect your loved ones from things like probate and excessive taxes and legal fees.

Payable on Death Accounts and Transfer on Death Accounts

Payable on Death or Transfer on Death Accounts may be an option to avoid probate and allow your beneficiary immediate access to your accounts. Payable on Death Accounts are useful for bank accounts. They allow you to name a specific beneficiary so your loved one may have immediate access to your accounts upon your death.

Medicaid Fraud Continues to Plague System

With state budgets increasingly tight and Medicaid set to expand drastically in 2014, many lawmakers are looking for ways to decrease the impact Medicaid has on state budgets. One of the possible avenues some lawmakers are considering is further decreasing the extent to which Medicaid fraud impacts the joint federal and state program.

Hire an Expert in Estate Planning

A month ago my computer crashed. It was devastating. Every time I tried to start the thing, I got nowhere. I looked online for answers and followed a lot of advice, but nothing seemed to work. I thought that I had lost all of my files. That meant the loss of not only important work-related documents, but also important family pictures. It was devastating.

Estate Planning: Young Adults are not Exempt

Imagine being a young adult who is transitioning into a new phase of life. You have your first child on the way, and you are envisioning all of the things that you have to take care of as the big day approaches. You will invariably start to buy baby clothes and other necessities while you fix up a room for your firstborn child. The anticipation is indescribable as you face the realities of parenthood.

Know Your Forms - A Step by Step Guide to the HUD-1

The HUD-1. With every refinance transaction you will need to review and sign a HUD-1 form – also known as a settlement statement or just the HUD. The HUD is a breakdown of all the costs associated with your refinance.

The Democratic Republic of Congo [DRC] is Finalizing its Accession to the OHADA

The Democratic Republic of Congo [DRC] is the newest member of OHADA and officially announced its joining OHADA in February 2004 but it’s had to deposit instruments of ratification for the statehood party. This has now been donThe Democratic Republic of Congo [DRC] is Finalizing its Accession to the OHADAe since the 27th June 2012.

The Strange Language of Wills – A Quick Guide

Most people don't spend their daily lives dealing with the language of the law. Because of this, it’s important for anyone creating a Will to take a few moments and learn about some of the common legal terms involved. Here's a brief list of some of the more commonly found words with which you may not be familiar.

Probate Courts Handle Numerous Issues

A good estate plan is, often, one that will avoid any probate court complications, thus saving your estate time and money. While probate courts are often unfairly regarded as needlessly bureaucratic, they also handle numerous important legal issues, not all of which are related to estate planning. Let’s take a look at some of the more important issues that might wind up before a probate court.

Medicaid Fraud Accounts for Billions Lost Each Year

The costs associated with the growing number of Americans who have fallen into poverty and are relying upon Medicaid for health care insurance are being complicated by the money lost to Medicaid fraud each year. It's estimated that the federal government alone lost about $22 billion of Medicaid funds last year to fraudulent claims.

Common Questions about Medicaid Planning

While many people make Medicare coverage part of their retirement plan, not everyone knows that Medicare doesn't pay for long-term care coverage. While some people plan on using long-term care insurance or private payment options if they ever need to relocate to a nursing home or assisted living environment, you may be able to use Medicaid to pay for the care costs as well. Let’s take a look at a few common questions about Medicaid planning and how it can help you.

Seniors Have Increasing Amount of Debt

While many Americans have been hit hard by the recession, baby boomers and elderly Americans are increasingly more in debt than they have been for decades. A report from the Employee Benefit Research Institute shows that 81.7 percent of Americans aged 55 to 64 have both household and consumer debt. This represents an increase of almost 10 percent between 1992 and 2007.

Medicaid Planning and Filial Responsibility Laws

While planning for retirement, many people focus on the money they'll need to support themselves and their family after they stop working. What few people plan for is the possibility that they will have to pay for their elderly parent's nursing home expenses. Though not widely reported, about 30 states have laws that allow nursing homes and other extended care facilities to pursue the adult children of someone staying in the care facility.

Ohio Estate Tax Being Repealed

You might think that you would be able to leave behind resources to your loved ones after you pass away fully intact. After all, whatever you have accumulated throughout your life is a reminder that you were able to hang onto after paying enumerable taxes every step of the way.

Divorces and Your Estate Plan

Estate plans do not come in a one-size-fits-all product, and all estate plans need to be changed whenever certain life events arise. Divorcing or legally separating from your spouse is one of these events. If you believe you may be getting a divorce or separation, you need to speak to your estate planning lawyer so you can make the necessary changes.

How Not Having an Estate Plan Can Hurt Your Family

It's very common to come across news stories about disputes that arise after a famous or wealthy person has died. These family conflicts often lead to broken family relationships that can never be healed. Having an estate plan will go a long way in helping to avoid these types of family conflicts. Not having a plan, on the other hand, can lead to all sorts of difficulties.

You Need an Expert Estate Planner, Not Just Any Attorney

Everyone needs an estate plan. If you are smart, you know that you need an attorney to draft your estate plan. Estate plans have legal consequences, so it only makes sense to hire a legal expert to create your plan. You wouldn't hire a roofer to fix a cavity. You would go to the dentist for that.

Future Health Care Expenses Can Be Considerable

When you are enjoying your prime earning years you have a certain amount of financial power. Once you retire you may find yourself living on a fixed income with little flexibility available to you. As a result you must look ahead toward the future when you are still working and plan ahead intelligently so that you can enjoy your retirement years to the fullest without any financial concerns.

What Your Children Need to Know About Your Extended Care Plan or, Your Lack of One

In a small majority of states, adult children of elderly parents may be required to pay for the parent's long-term care expenses if the parent is not able to. Thirty states have what are called filial responsibility laws. These laws require the children to pay for their parent's nursing home expenses. Though they have rarely been enforced, they apply if an elderly parent is considered indigent and the adult children are able to pay.

Several Things to Keep in Mind for a Less Stressful Capital Markets Project - Ukraine

Capital markets projects always involve a significant amount of effort and stress from all parties of the process. Everybody has a common goal to get everything done just before the ever-urgent “windows” for the issue close. This time of crisis and uncertainty is precious and not to be wasted. Now is a great opportunity for prospective issuers and investors alike to get to grips with preparatory work in time for when the capital markets open their doors for Ukrainian business.

Resolving M&A Disputes in Arbitration - Ukraine

Traditionally M&A transactions involving Ukrainian targets are structured in a specific way in order to reflect peculiarities of the Ukrainian business environment. Enforcement of such structures requires deep knowledge and outstanding expertise in arbitration involving Ukrainian parties. Before drafting any dispute resolution clause, the following issues should be addressed.

Recommendations for a Foreign Retailer in Ukraine

From the moment foreign investors enter Ukraine they face a “non-Western standard” business environment, confusing and unstable legislation, and bureaucracy. One would need to spend a lot of time and effort to get a clear understanding of the local “rules of conduct”. That is why many investors prefer to have a local partner rather than be on their own.

Recent Developments in Oil-and-Gas and Energy Sectors in Ukraine

On the way to the European integration, and by virtue of the determined Ukrainian policy towards energy independence, the Ukrainian Government is taking significant steps to improve Ukrainian energy sector. Currently, important changes are being introduced in the oil-and-gas industry. This has already encouraged global oil-and-gas companies such as Exxon Mobil, Shell, Chevron, and Eni to commence investment activity in Ukraine.

Ukraine Competition Law Aspects in M&A Transactions: Questions and Answers

Sophisticated M&A transactions include not only straightforward share purchase agreements but may also contemplate ancillary agreements (e.g. option agreements, share pledge agreements, repo financing, etc.). Moreover, share purchase agreements may envisage non-compete clauses, which also fall within the ambit of Ukrainian competition law.

7 Key Questions on Corporate Restructuring - Ukraine

Development of efficient tax and corporate structures from the shareholders’ and potential investors’ perspective are key issues in a business restructuring. Each cross-border restructuring usually involves several jurisdiction. Below are some of the most frequently asked questions (and answers) on the cross-border restructuring of Ukrainian business:

4 Questions You Should Consider When Selling Your Stake in Business to a Private Equity Fund - Ukraine

Unlike Western developed economies, Ukraine has only recently started to unlock its potential in the area of attracting investments from Private Equity Funds (“PEFs”). Therefore, on the one hand, every more or less serious Ukrainian business (“Business”) has a good chance to attract the attention of a PEF.

New Measures on Administration of Special Funds for the Development of Small and Medium-sized Enterprises in China

On May 25th, 2012, the Ministry of Finance (“MOF”) and the Ministry of Industry and Information Technology (“MIIT”) of the People's Republic of China (“PRC”) jointly issued the Measures on Administration of Special Funds for Development of Small and Medium-sized Enterprises (hereinafter referred to as the “New Measures”) which shall enter into force as of the date of its promulgation. June 13rd, 2012.

Crossing State Lines with Your Estate Plan

Moving to a new home probably means making long lists of Things to Do. If you’re moving across state lines, be sure to add an Estate Plan Review high on the list. Even though each state must honor legal documents made in other states, each state makes its own laws for the formalities and substance of wills, trusts ,powers of attorney, and health care directives. This can lead to some confusing consequences.

Why Set Up a Freezone Company in the UAE?

Dubai is a well-respected pathway to the East, and since it became a financial hub, companies that engage in all types of business activities are now looking to establish a presence here. Dubai has over ten freezones, which provide international investors with the opportunity to expand into the Middle-East and beyond.

An Example of Why Estate Planning is So Important

Although you may not know the name, you have probably read the novel or seen the movie based on the novel The Girl with the Dragon Tattoo, which was written by Larsson. Larsson was a lifelong journalist -- often authoring controversial political pieces. As do many writers, Larsson had a novel in his head that had to be put down on paper.

What Happens When You Fail to Plan for the Possibility of Your Own Death

Death is not a popular topic for obvious reasons. Most of us prefer not to spend much time thinking about the possibility of dying, at least not anytime soon. It can happen though, and being financially and practically prepared is important.

The Future of Social Security

If you have worked hard all of your life, and are at the point where you are starting to think about your golden years you are probably counting on Social Security retirement benefits to fund at least a portion of your golden years.

Something is Not Right about My Parent

If you have recently lost a parent, you are undoubtedly going through the grieving process that follows such a deep loss. The loss of a parent is never easy. If you are also concerned that something is not right about her Last Will and Testament, your grief is likely also joined by worry.

Estate Planning for the GLBT Community

Marriage in the United States is much more than an emotional commitment between two people--it is an official status that comes with numerous financial and legal benefits to the partners. Anyone who is in a same sex relationship is all too aware of this fact.

The Hurdles Faced by America

If you are one of America’s farmers or ranchers, estate planning includes some significant hurdles for you that it does not include for other types of businesses. Although estate planning is always important, for a farmer or rancher it often takes on a heightened importance to ensure that the farm or ranch assets are not lost to estate taxes upon your death.

Can I Challenge My Mother’s/Father’s Last Will and Testament?

Losing a parent can be one of the most emotionally difficult times you will ever have to face during your lifetime. Sitting down to hear the terms of your mother’s or father’s Last Will and Testament is often one of the most difficult parts of the loss.

Veterans Benefits Can Provide Financial Security

As you are thinking about the quality of life that you will lead as a senior citizen, you must be pragmatic about your present-day actions. Social Security alone is probably not going to be enough to provide you with a truly comfortable retirement, and Medicare does not pay for everything. So, to be able to realize your ideal retirement vision, you are going to have to engage in some intelligent long-term planning.

Who Will Represent Your Estate?

Once you have drawn up your Last Will you have taken an important first step, but things are not going to simply take care of themselves when the time comes. After you pass away your estate is going to have to be probated before the rightful heirs to the estate receive their inheritances.

Executors Should Have Attorneys

If you have been appointed to be the Executor of a Will, you have a lot of work to do. The Executor needs to gather all of the assets of the estate and distribute them according to the terms of the Will. That's the easy part.

Can You Really Become a Lord of the Scottish Highlands for Less than $50.00?

Some would have you believe that Scots law allows anyone to be the Lord of, if not all he surveys, at least a square foot of the Scottish Highlands. One site advertises souvenir plots “from just £29.99” and claims that, in return, you can use a clan crest, coat-of-arms and tartan. By “Scottish tradition”, it says, ownership of the plot “legally allows” you to use the courtesy title of Laird, Lord or Lady. But what is the legal truth behind these offers of instant ennoblement?

Same-Sex Couples Continue to Struggle for Equal Rights to Partner’s Estate

With even the President of the United States openly supporting the rights of same-sex couples to marry the future looks brighter than ever for gay couples who want to enter into a legal marriage. For now, however, statistics tell us that as many as one million same-sex couples in America continue to struggle with providing similar rights and protections to their partner that a traditional marriage provides when it comes to estate planning.

What Probate Courts Do

Many people are unaware of probate courts and what they do. If you've begun your estate planning efforts you may know that probate courts are responsible for supervising the estate administration process, even though they also do a lot more. Though each state court has different responsibilities, let’s take a look at some of the more common matters that probate courts handle.

Medicaid Grows as Possible Healthcare Option in Estate Planning

A recent article in the Wall Street Journal highlights how Medicaid, especially after the passing of the Affordable Care Act is changing the way many Americans look at healthcare and retirement planning. Though originally enacted as a plan to provide health insurance to the needy, Medicaid is becoming more widely available to those who previously had been ineligible.

Save Money and Hire an Estate Planning Attorney Now

People like to make money. Estate planning attorneys are not any different. Most people, however, like to make money in ways that are not headache inducing. Estate planning attorneys are not any different in that respect either.

Estate Planning Tools for Family Farmers and Ranchers

Family farms and ranches face some of the same estate planning obstacles as any other business; however, there are some aspects of estate planning that are unique to the family farm or ranch. If you own a family farm or ranch, and plan to pass it down to future generations, careful estate planning is critical to avoid losing your farm or ranch to estate taxes.

How Much Control Should You Retain over Your Heirs?

Many people wonder how much control they should retain over the assets they leave to their heirs. Some people want to just give them everything away and let their heirs do with it what they will. Other people want to dictate everything that their heirs can do with their inheritances. Both of those are extremes. Most people will find themselves somewhere in the middle.

A Rudimentary Glance at Revocable Living Trusts

As you are making preparations for the future you are going to want to discuss all of the possibilities with an experienced local Indianapolis estate planning lawyer. Out of a lack of information there are those who go forward assuming that a last will is the best and only choice, but this is a mistake.

Probate Court – More than Just Wills

For many people, creating an estate plan so that your estate can avoid having to go through probate is one of the main goals of beginning the planning process. However, probate courts do not simply exist to delay the estate settlement process. These courts exist in all states and are responsible for hearing numerous important legal issues. Let's take a look at some of the common issues probate courts handle.

New Incentive Scheme of Turkey

Turkish Cabinet has announced a new decree on 15th June 2012, numbered 2012/3305 and published on official gazette of 19th June 2012.

An Introduction to Investment Support and Promotion Agency - Turkey

Turkish Government has incorporated The Republic of Turkey Prime Ministry Investment Support and Promotion Agency (“ISPAT”) by law no 5523 (“Law”) as of 4 July 2006. ISPAT is incorporated as a legal entity with administrative and financial autonomy in association with Prime Ministry.

Best Practice for Technology Manufacturing Contracts - Taiwan

  By Asia Law
Here in Asia, it’s surprising how often tech companies will team up with a business partner and commence manufacturing, with no contract in place, placing trust in a few emails, oral conversations and purchase orders. I know, because they will then come to me, after problems have arisen, with questions about their legal rights. Much risk and uncertainty can be eliminated if the parties will first negotiate and sign a basic manufacturing agreement.

Best Practice for Joint Development Agreements - Taiwan

  By Asia Law
Companies that wish to produce new technologies often choose to jointly develop it with others. That option is popular, as it allows two companies to share their respective strengths, resources and expertise. It is also risky, because each party relies on the other and may be required to share sensitive trade-secrets and other intellectual property rights. However, handled properly, the risks can be minimized and a mutually beneficial relationship can flourish.

10 Tips for Drafting Non-Disclosure Agreements - Taiwan

  By Asia Law
Like Rodney Dangerfield, Non-Disclosure Agreements (“NDAs”) often get no respect. Business persons may plunge into negotiations, revealing confidential information with no agreement in place, or Legal may issue the same form agreement in every case, as if one-size-fits-all. Well, like any contract, the NDA can provide vital protection, but should be drafted with care. Here are 10 tips to consider.

Business Entities in Greece

Greek company law provides several options for establishing a business entity in Greece. Greek company law provides for companies incorporated in Greece to be either personal or capital-based. The basic business entities under Greek law, similar to French, are:

Director and Officer Liability Information Checklist

I. General Standard - With some exceptions, the general legal standard of care for business actors and agents is “prudence.” In this context “prudence” means to act as an ordinary prudent person would act under the circumstances. But, this standard can be misleading because, at law, prudent people arguably do not make common mistakes, like combing their hair or changing the radio dial while driving, let alone sending texts.....

Can I Count on Social Security Retirement Benefits?

Anyone over the age of about 40 should be aware that the Social Security retirement system has problems. We have all heard the warnings. Unless you are a financial analyst, you likely don’t know what to make of all the warnings. Will the system disappear entirely before I retire? Will the benefits decrease? Are the warnings unfounded?

Stark and Anti-Kickback Laws Regarding the Compensation Structure of a Group Medical Practice

In this article, I briefly outline the legal requirements that apply when a group medical practice pays compensation to its members. My prior article, Compensation structures for a group medical practice, explained compensation plans from a non-legal perspective. This article talks about the law, specifically, medical practice compensation plans under California and federal referral laws (Stark and Anti-Kickback).

Compensation Structures for a Group Medical Practice

In this article, I talk about compensation plans for group medical practices. In general, a group practice pays its physicians in some combination of three ways: (1) salary, (2) productivity payments, that is, productivity bonuses or shares in profits or collections, (3) corporate dividends. Your balance of the three forms of payment determines in large part the culture of your group practice. Without further ado:

Physician Employment and Independent Contractor Agreements

In this article, I first discuss when a physician is a contractor as opposed to an employee. Second, I look at the essential terms of a physician employment contract and a physician independent contractor agreement. Is you is, or is you ain’t, a contractor? - From time to time, to generate revenue, the IRS and CA EDD will audit medical practices on the issue of whether a physician is an employee or independent contractor.

New Turkish Commercial Code

The new Turkish Commercial Code numbered 6102 (the “New TCC”) was promulgated in the Official Gazette on February 14, 2011 and has entered into force as of July 1, 2012. On the other hand, some of the provisions therein will be effective on different dates.

Why Set Up a Local Company in Dubai?

Dubai is a well-respected pathway to the East, and since it became a financial hub, companies that engage in all types of business activities are now looking to establish a presence here. Setting up a Local Company is an excellent way to enable you to have a presence in Dubai as well as operate within the local jurisdiction.

How the Internet is Destroying Small Business Commerce and Legal Remedies

The Internet is destroying the enforceability of small business contracts. Here are a few examples: Case 1: Painting Company and the BBB. - A house painting company (“PaintCo”) bid on and signed a contract with a home owner to paint his house. The contract had a three day cancelation clause which was not invoked.

What Business Owners Should Look for in a Business Law Firm and Business Legal Representation

In selecting a law firm for an owner-operated small or medium sized business (aka “SMB’s”), we can start with some basic positions: 1. The law firm client is well advised to choose a lawyer, not a firm. Lawyers vary in aptitude, knowledge and experience in various practice areas, just as other businesses do. So, obviously, you need an attorney who actually practices business law.

Transfer of Ownership of Foreign Shares - Indonesia

  By Leks&Co
Background - The application for transfer of ownership of foreign shares can be submitted either by foreign investment company or by domestic investment company. The transfer of ownership of foreign shares shall be conducted whenever there are changes in the company’s capital that cause some or all the company’s capital into a foreign capital or domestic capital.

The Purpose of the Automatic Stay in Bankruptcy

Debtors often to not fully understand the rights granted to them by the bankruptcy code upon filing a bankruptcy petition with the court. One of the most important rights is the right to be free from collection attempts by creditors after the bankruptcy petition has been filed. The automatic stay allows to the debtor to carry less of a burden from mounting debt by barring creditors from attempting to collect a debt while the bankruptcy petition is being processed in the court system.

Funeral Arrangements: The Choices Are Yours to Make

To be comprehensively prepared for the inevitable you must consider all of the basic hand to mouth details. One of these would be funeral arrangements. There are those who assume that this is something that family members should take care of, but in fact there are a lot of choices that must be made and it may be best to make them yourself.

Can I Challenge a Family Member’s Last Will and Testament?

A person’s Last Will and Testament may be the most important legal document that he or she ever creates. As such, it should be created after careful contemplation and consideration, while the person is of sound mind, and with the assistance of an experienced estate planning attorney.

E-Business and E-Commerce in the Bahamas

The law has had to adapt and change to meet the needs and demands of businesses and consumers as modern technology has advance. And it will keep on changing as technology continues to develop. If you are considering setting up in business with a measure of reliance on the internet and associated technologies, you will need expert advice from lawyers experienced in e-business law.

China’s Revised Foreign Investment Catalog Comes into Effect

The 2011 revision of the China’s Foreign Investment Industry Guidance Catalog (“New Catalog”) was issued jointly by the National Development and Reform Commission and the Ministry of Commerce on 24 December 2011 and it came into effect on 30 January 2012. The Foreign Investment Industry Guidance Catalog is an important reference for foreign investments in China.


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