Business and Industry Law Articles

Articles written by attorneys and experts worldwide discussing legal aspects related to Business and Industry.



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China's New Company Incorporation Rules

  December 12, 2013     By MMLC Group
This article looks at China's plans for removal of the registered capital system for incorporating local and foreign companies in China, as well as other company incorporation changes that are due to be implemented in early 2014.

Subsequent Performance in the Commercial Law: No Additional Reimbursement – Germany

  December 11, 2013     By GRP Rainer LLP
A company buying defective goods from another company may demand replacement of the defective goods, but not reimbursement for additional costs.

Establishment of a Limited Liability Company (GmbH) – Germany

  December 10, 2013     By GRP Rainer LLP
A GmbH can be established not only for commercial purposes, but also for non-commercial or non-material purposes.

Securities and Exchange Commission Saved $439 Million For Whistleblower Rewards

  December 9, 2013     By The Evans Law Firm
The Securities and Exchange Commission has saved money to spend on it's whistleblower rewards program. It is likely that there will be larger rewards in the future as tips have increased recently.

When a Business Folds, Who Is Responsible for Its Debts and Other Obligations?

  December 7, 2013     By HG.org
A common question among small business owners is who will be responsible for debts and other obligations if a business entity folds or reorganizes. Many things can happen in the life of a business entity, whether a corporation, LLC, partnership, or sole proprietorship, and this can lead to questions about who will be left holding the bag.

Legally Speaking, What is an Act of God?

  December 6, 2013     By HG.org
Contracts talk about them, statutes mention them, even TV sitcoms joke about them, but what are acts of God? Many people might think they have a good idea, but given that insurance is often designed to protect against most catastrophes except acts of God, how confident are you that you actually know what is covered?

Burden of Proof of Management Board in the Case of Damages Claims – Germany

  December 6, 2013     By GRP Rainer LLP
The management board of a stock corporation has ample room for manoeuvre with respect to its duty of care. This reduces the liability risk a little.

A Dentist’s Advertising Measures Can Be Considered Unfair Competition – Germany

  December 4, 2013     By GRP Rainer LLP
If a dentist offers his services via a coupon portal, this conduct can be viewed as promotional advertising and thus as unfair competition.

Commercial Use of a Single Family Home Contrary to Lease – Germany

  December 3, 2013     By GRP Rainer LLP
Under certain circumstances, the commercial use of a single family home can be contrary to the lease.

Addition of a Place Name to a Firm Name Must Not Be Misleading – Germany

  November 26, 2013     By GRP Rainer LLP
Adding a place name to the trade name of a limited company (GmbH & Co. KG) must not be misleading.

Sutter Health Settles Whistleblower Case for $46 Million

  November 22, 2013     By The Evans Law Firm
Sutter Health decided to settle a whistleblower case before trial. The case involved allegations of double billing for anesthesia services at hospitals in California.

Dismissal Of A Long-Time Employee Due To Illness – Labour Law Germany

  November 21, 2013     By GRP Rainer LLP
The dismissal for reasons of a long-time employee because of long periods of absence due to illness may be subject to strict requirements.

Business Formation in Italy – Entering the Italian Market

  November 19, 2013     By CTM Avvocati
When entering the Italian market, a foreign corporation is often confused about which legal form their presence in Italy should have. This article provides some practical tips to better understand the differences among Branch, Subsidiary and Rep Office.

Agreement To A Divorce May Mean That A Spouse Loses The Right To Inherit – Law Of Succession

  November 19, 2013     By GRP Rainer LLP
A spouse has no right of inheritance if the other partner dies while divorce proceedings are underway and he/she has already agreed to a divorce.

Setting Up an Ongoing Franchise Compliance and Housekeeping System

  November 18, 2013     By Matt Dickstein, Business Attorney
Your work never ends as a franchisor. It is a real achievement to get your franchise system in place, and then make your state registrations and sell a few franchises. But that is just the beginning – now you have to maintain your franchise system. A franchise system requires a large amount of ongoing legal compliance and housekeeping work.

What is Insider Trading and Why Is It Illegal

  November 18, 2013     By HG.org
The term “insider trading” seems to pop up in the news with a fair degree of frequency. Celebrities have even been accused of engaging in it, like Martha Stewart. But what is insider trading and why is it illegal?

Risks of the Companies in Turkey Against Running Account Regulations

  November 18, 2013     By Herdem Attorneys at Law
It is very common in Turkey that the companies, specifically from some certain industries such as textile, retail i.e having long term trade relations apply to running account relations which enables the buyer to obtain goods up to the limit and to deduct following the agreed period of time elapsed.

Foreseen Risks for Special Purpose Vehicles (SPV) in Turkey

  November 18, 2013     By Herdem Attorneys at Law
The year 2011 was introduced as a "revolution year" in Turkish commercial life since the new commercial law was expected to regulate from A to Z in commerce however during the time elapsed several amendments and changes in effectiveness of the particular provisions manifested the realities of daily business life.

Letter of Intent in Corporate Acquisition – Germany

  November 18, 2013     By GRP Rainer LLP
Any parties to an agreement to acquire a business normally express in advance their intentions and conceptions with respect to the corporate acquisition in question in the letter of intent.

Which is Safer: Tap or Bottled Water?

  November 17, 2013     By HG.org
Each year, millions of Americans consume billions of gallons of water. The boom in the bottled water industry was fueled, in part, by beliefs that bottled water was cleaner and more heavily regulated than tap water. But then a backlash by others in the media showed that much bottle water was simply tap water in a bottle. So, is one form of water more heavily regulated and safer than the other?

Whistleblower Reward Programs Could Help Regain Funds From Tax Dodgers

  November 15, 2013     By The Evans Law Firm
Whistleblower reward programs could help California recoup lost tax revenue.

The Calm Before the Storm: Warning Signs that a Referral to Criminal Investigation is Looming

  November 14, 2013     By DeBlis & DeBlis
A criminal investigation conducted by the IRS is different from a civil investigation. Criminal investigation of taxpayer returns or fraudulent activity is conducted by the Criminal Investigation Division of the IRS (CI). CI is the heavy artillery of the IRS arsenal.

Eggshell Audits: Keeping the Shell of the Egg From Cracking When There are Criminal Tax Issues

  November 14, 2013     By DeBlis & DeBlis
In an “eggshell audit,” you must walk on eggshells to represent your client effectively in the civil examination without exposing the fraud, all the while honoring your duties to the tax system not to mislead the revenue agent.

Lessor’s Obligation to Pay Damages Concerning the Requirement to Give Notice of Defects – Germany

  November 14, 2013     By GRP Rainer LLP
A lessor potentially renders itself liable to pay damages to a lessee if it does not point out to the latter the requirement to give notice of defects vis-à-vis the supplier where there are assigned warranty claims for defects.

M&A: Due Diligence Analysis When Buying a Company – Germany

  November 13, 2013     By GRP Rainer LLP
A Due Diligence analysis when buying a company means to investigate the company in an economic, legal and technical sense prior to signing the purchasing agreement.

European Merger Guidelines in Practice

  November 12, 2013     By Herdem Attorneys at Law
According to the European Merger Guidelines, “for the Commission to take account of efficiency claims in its assessment of the merger, the efficiencies have to benefit consumers, be merger-specific and be verifiable. These conditions are cumulative”. It is up to the parties to verify the existence of efficiencies.

The Differences Between Commission’s Assessment of Vertical Mergers before the Merger Guidelines - Turkey

  November 12, 2013     By Herdem Attorneys at Law
Previously the Commission’s competitive assessment of vertical mergers focused predominantly on the parties’ ability to foreclose rivals. The Commission infrequently evaluated in-depth the parties’ incentives to foreclose rivals. Moreover in certain cases, market power in only one of the affected markets was considered “a sufficient condition” to conclude that the proposed merger was likely to restrict competition in the Common Market

No Time Limit In Trademark Delimitation Agreements – Trademark Law

  November 12, 2013     By GRP Rainer LLP
Unless a trademark delimitation agreement concluded between two competing companies for the marketing of a product states otherwise, no time limit applies.

Whistleblowers Programs Could Help Regain Funds From Tax Dodgers

  November 11, 2013     By The Evans Law Firm
According to the California Franchise Tax Board, the state is owed more than 6.5 billion dollars in tax revenue. Some contend that implementation of a whistleblower rewards program could help to bring in some of that lost revenue.

Expert Opinion Comparing Handwriting In Cases Of Doubt As To Whether A Will Is Authentic And Holographic

  November 11, 2013     By GRP Rainer LLP
Doubt as to whether a personally signed will is authentic and holographic can be removed with the help of an opinion comparing handwriting.

Why License Video Games?

  November 9, 2013     By IP Law Click, PC
Generally speaking, the underlying code of a video game is protected as a literary work, and the artwork and sound are protected as an audiovisual work. While the work (video game) does not have to be registered to be covered by copyright law, there are advantages to registration.

Notice Periods for Sales Representatives May Be Inappropriate – Germany

  November 7, 2013     By GRP Rainer LLP
Under certain circumstances, standard provisions regarding agreed-upon notice periods for sales representatives may be inappropriate.

New Regulatory Initiatives Strengthen Corporate Governance - Turkey

  November 5, 2013     By Herdem Attorneys at Law
As the Turkish economy continues to grow and the country transforms itself into a regional economic hub, Turkish companies have already started to invest significant efforts in improving their management structures and strengthening corporate governance. The latter is nothing short of an imperative for companies, due to their increased need for access to foreign funds as the result of high economic growth rates and intensified competition.

Fiduciary Duties between Manufacturers And Distributors – Germany

  November 5, 2013     By GRP Rainer LLP
A manufacturer should reasonably accommodate the needs of the distributor worthy of protection and not contravene its interests without justifiable cause.

Are There Any Foods That Are Illegal To Eat in the United States?

  November 4, 2013     By HG.org
Over the last few years, the American palate has broadened considerably with flavors from every corner of the globe popping up everywhere. But some foods that are considered common fare or rare delicacies in other countries are actually banned in the United States. This could be because of safety concerns, issues over the treatment of animals, environmental impact, or a number of other considerations. Whatever the case, these foods are banned in the USA:

HK New Companies Ordinance: Registration of Charges

  November 1, 2013     By Angela Wang & Co.
The long waited legislative process of the new Companies Ordinance (“New CO”) was completed on 17 July 2013 and the new law is now expected to be implemented from March 2014.

When Is The Obligation To Compensate Under A Partnership Agreement Contrary To common Practice?

  November 1, 2013     By GRP Rainer LLP
To decide whether provisions under a partnership agreement are contrary to common practice, it is necessary to take all the circumstances into account that were relevant when the agreement was signed.

Establishment of a Limited Liability Company (GmbH) – Germany

  October 31, 2013     By GRP Rainer LLP
A GmbH can be established not only for commercial purposes, but also for non-commercial or non-material purposes.

Compensation for a Decrease in Equity Can Only Be in the Form of Damages Paid to the Company – Germany

  October 29, 2013     By GRP Rainer LLP
Compensation for decrease in a shareholder’s equity in a company can only be claimed in the form of damages paid to the company and not to the shareholder personally.

What is a Liquor License and Why is it Such a Big Deal?

  October 27, 2013     By HG.org
A liquor license is, as the name implies, a license for the service of alcohol. But, many have referred to the procurement of a liquor license in almost reverent terms, as though it is a rare prize. So what is a liquor license and why is it such a big deal to have one?

Impermissibility Of Unfounded Time-limitation Even When Longer than Three Years Since Restriction

  October 23, 2013     By GRP Rainer LLP
The unfounded restriction of an employment relationship is impermissible even when it is longer than three years since the time-limitation.

Structuring Shareholders’ Agreements to Maintain Healthy Business Relationships

  October 22, 2013     By Yualande Christopher & Associates
When persons get together to start a business, they generally share a common vision and goal for the business. However, as the journey progresses, the expectations, ambitions and even commitment of the individual shareholders tend to diverge.

Occupational Duty of Care Not Decisive When Judging Misleading Business Practice – Germany

  October 22, 2013     By GRP Rainer LLP
In asking whether a business practice is misleading, one does not have to address compliance with the occupational duty of care; rather, it is merely the untruthfulness of the practice that is decisive.

California Franchise Registration

  October 21, 2013     By Matt Dickstein, Business Attorney
California requires franchise registration. You must register with the California Department of Corporations if you want to sell franchises in California. In this article I give you a brief overview of the process for registering a franchise in California.

Exit & Succession Planning (Long Version)

  October 21, 2013     By Matt Dickstein, Business Attorney
Exit Planning, as I practice it, is a system and a process to help business owners exit their business with maximum tax efficiency and with maximum legal security.

Buying and Selling Private, Closely Held Businesses

  October 21, 2013     By Matt Dickstein, Business Attorney
Buying or selling a business is a complex process. Legal, tax, accounting, valuation and psychology issues are all involved. This seminar and this outline only introduce certain basic matters to you.

Voting Rights of General Partners of an Asset Management Company – Germany

  October 21, 2013     By GRP Rainer LLP
Multiple voting rights laid out in the articles of association for the adoption of resolutions concerning changes thereto cannot be granted to the general partner of an asset management company.

San Diego Business Law - Important Considerations in Selecting a Business Entity

  October 18, 2013     By Ortega Business Law Firm, APC
Welcome back to our San Diego Business Law blog series! In this week’s blog we are going to address some things you should consider when selecting the appropriate form for your new San Diego business.

Advertising With Third-Party Brand Names Not Allowed – Trademark Law

  October 18, 2013     By GRP Rainer LLP
A trademark owner can enforce injunctive relief if a business uses a third-party trademark as part of its own advertising.

Patent Expirations Creating Opportunities for Biotech M&A

  October 17, 2013     By IP Law Click, PC
With patent expirations large pharmaceuticals are facing, there has been a tremendous opportunity for growing biotech companies.

Promotional Advertising Of Dental Services Is Anti-Competitive – Competition Law

  October 17, 2013     By GRP Rainer LLP
In the view of the Regional Court of Cologne, offering dental services and their prices via an online coupon portal constitutes anti-competitive conduct.

Exclusion of the Lessor’s Contractual Liability under a Leasing Contract – Germany

  October 16, 2013     By GRP Rainer LLP
If the lessor’s contractual liability is excluded by transferring the legal warranty claims to the supplier, the lessor has certain special obligations.

What Are Consumer Rights?

  October 16, 2013     By HG.org
The phrase “consumer rights” is thrown around rather freely these days. But what are consumer rights? Are they written down somewhere? Where do they come from? What are the rights?

Cyprus Implements New EU Directive on Combating Late Payment in Commercial Transactions

  October 14, 2013     By Harris Kyriakides LLC
In order to protect European businesses, in particular SMEs, against late payment and to improve their competitiveness, a new Directive 2011/7/EU on combating late payment in commercial transactions was adopted on 16 February 2011 and must be integrated into national law by Member States by 16 March 2013 at the latest.

How to Prevent Seizure of Properties Raiders?

  October 11, 2013     By Syutkin and Partners
The press increasingly writes about the decline of investment attractiveness of Ukraine, reducing the amount of investment, including investment in infrastructure projects.

The General Partnership In Corporate Law – Germany

  October 10, 2013     By GRP Rainer LLP
The General Partnership [Offene Handelsgesellschaft - OHG) is a personal type of firm that operates a business under a company name.

Dominican Republic Limited Liability Companies

  October 9, 2013     By Arthur & Castillo
Usually the commercial entities in the Dominican Republic are incorporated as a Limited Liability Company or Sociedad de Responsabilidad Limitada (S.R.L.).

No Deduction Of Vacation Pay Entitlement In Case Of Dismissal With Proper Notice – Employment-Law

  October 9, 2013     By GRP Rainer LLP
Employers must not deduct any vacation pay entitlement when releasing employees from their obligation to work.

Use Of A Computer Inventory Control System Based On A Franchise Agreement – Franchise Law

  October 8, 2013     By GRP Rainer LLP
The right to use a computer inventory control system depends in particular on the provisions of the franchise agreement and any amendments thereto.

What to Do if You Suspect Securities Fraud

  October 6, 2013     By HG.org
After the recent financial problems of the first part of the 21st century, it is natural for investors to be wary of those who handle their financial investments. So what should you do if you notice something questionable in your account statements or trade confirmations?

What is the Statute of Frauds?

  October 6, 2013     By HG.org
When dealing with a contract dispute, particularly in the case of an oral contract, one may hear the term “statute of frauds” used. This does not refer to the commission of an actual fraud, but rather, whether the contract had to be in writing or not. So what is the statute of frauds and when does it apply?

Fraud Claims in Business Transaction Litigation - Canada

  September 27, 2013     By Ellyn Law LLP
Fraud in business transactions is on the rise in the province of Ontario, Canada. Litigating business transaction claims involving fraud requires an understanding of complex aspects of legal procedure, contract and tort law. Igor Ellyn, QC, a senior Toronto litigation counsel, provides useful details on this topic.

Imitation Of A Grooves Design Of Cases Potentially Unfair – Intellectual-Property-Law

  September 26, 2013     By GRP Rainer LLP
Under certain circumstances, the grooves design of a case can be competitively unique and therefore constitute a performance outcome worthy of protection.

Social Review Sites Fight Back Against Law Firms Posting Fake Reviews

  September 25, 2013     By HG.org
Attorney advertising is a fairly new phenomenon in many jurisdictions. Rules of various state bar associations have eased over the last two decades to allow more and more freedom for attorneys wishing to advertise their services just like any other profession. However, the rise of new technology has presented a new twist and new source of liability for attorneys wishing to advertise online.

Intent to Use Trademark Applications

  September 23, 2013     By Gerben Law Firm PLLC
One of the pieces of information you’ll need to disclose to the government during your trademark application process is whether or not you’re currently selling your products or services. The following article covers "intent to use" in more detail.

The Basics of American Franchising

  September 21, 2013     By HG.org
Perhaps you have seen an advertisement at a restaurant suggesting that you can open your own franchise and make a lot of money. Or, have you seen an advertisement on TV or the Internet talking about franchising opportunities? Or has someone approached you about buying into a multilevel marketing franchise? Whatever the situation, an understanding of what franchising is and its legal ramifications can be important for a successful business.

Immoral But Not Always Illegal: Price Gouging After Natural Disaster

  September 20, 2013     By HG.org
The recent floods in Colorado have brought a problem to the forefront: post-disaster price gouging. While 35 states have made this a crime, there are still 15, Colorado included, where this is merely considered capitalism.

Fiduciary Duty Exist between Entrepreneurs and Sales Representatives – Germany

  September 18, 2013     By GRP Rainer LLP
Under certain circumstances, the principles of loyalty between an entrepreneur and an official distributor can also be applied to the relationship between an entrepreneur and a sales representative.

What Do Lawyers Look For When Evaluating Contracts?

  September 17, 2013     By HG.org
Corporate attorneys are frequently asked to assess various contracts that their clients bring to them. Generally, clients only want to know whether it is a “good” contract, or if it “covers everything.” But, this is only a small fraction of what an attorney should analyze. So, what do lawyers look for when evaluating contracts?

Hiring Children of Foreign Officials May Expose Bank to Bribery Charges

  September 15, 2013     By HG.org
America's largest banking institution is facing charges under the Foreign Corrupt Practices Act for a practice of hiring the children of foreign officials. The case will test how broadly the federal law can be applied to practices as common as hiring an influential person's children in order to gain a small advantage in negotiations.

When Businesses Commit Crimes, How Are They Handled and Who is Held Responsible

  September 15, 2013     By HG.org
We are all familiar with the idea of individuals committing crimes and facing the consequences of those actions. But, what happens if a corporation commits a crime? Who is responsible?

Shake App Puts Legally Binding Document Creation in the Palm of Your Hand

  September 13, 2013     By HG.org
Have you ever been out of the office or away from home, meet someone, strike up a conversation, and realize you want to do business with that person? Maybe you even had the feeling after leaving that if you could have given them a contract right then and there you would have closed the deal. Well now you can, with a new smartphone and tablet application called Shake.

Protecting Your Intellectual Property

  September 13, 2013     By IP Law Click, PC
There are four main areas of intellectual property that any company or individual must protect because it is so easy to do so and can save you a great deal of money and time on litigation.

Evaluation of Majority Voting Rights in a Public Limited Partnership – Germany

  September 13, 2013     By GRP Rainer LLP
If the partner of a Public Limited Partnership is granted a majority voting right for a resolution to amend the partnership agreement of the Public Limited Partnership, this may be inadmissible.

Loyalty between Entrepreneur and Sales Representative – Germany

  September 10, 2013     By GRP Rainer LLP
Under certain circumstances, the principles of loyalty between an entrepreneur and an official distributor can also be applied to the relationship between an entrepreneur and a sales representative.

Before Establishing a Private Limited Liability and Join Stock Companies in D.R. Congo under OHADA Law

  September 9, 2013     By Yav & Associates
This article discusses about the Join stock companies and the Private Limited Liability Companies in Democratic Republic of Congo under OHADA law.

Formation, Incorporation, Management of Companies under OHADA Law of Companies in Democratic Republic of Congo

  September 8, 2013     By Yav & Associates
This article discusses the OHADA law of companies in regard to shareholder and shares, articles of association, registered office, duration, contributions, registration process, accounts and auditing requirements, management powers and liabilities, rights of shareholders and partners, transparency and dissemination of financial information. Its takes the case of the Democratic Republic of Congo.

The Evaluation of Multiple Voting Rights in a Public Partnership – Germany

  September 6, 2013     By GRP Rainer LLP
If the articles of association of a public limited partnership grant the general partner multiple voting rights in the context of passing resolutions to change the articles of association, this is not necessarily permissible.

Choosing the Right Vehicle: Determining the Right Business Structure for your Joint Venture Need

  September 4, 2013     By Yualande Christopher & Associates
Joint venture arrangements are becoming an increasingly popular way for existing commercial actors to collaborate in working on new business enterprises.

Enforcement of a Foreign Judgment in Turkey - Is It Possible to Enforce Chinese Judgments in Turkey?

  September 4, 2013     By Cindemir Law Office
This article aims at explaining enforcement of foreign judgments obtained from Courts of China in Turkey. It explains the procedure of implementation of Chinese Decrees/Decisions in Turkey based on judicial and legal cooperation agreement which enables reciprocity between Turkey and China as a core treaty. It also touches arbitral awards enforcement which are given by Chinese Courts.

The Cayman Merger Law Regime

  September 2, 2013     By Loeb Smith & Brady
Amendments to the Companies Law (as Revised) of the Cayman Islands (the “Law”) has streamlined the mechanics for implementing mergers involving Cayman Islands companies.

The Types of Business Entities Available in California

  August 30, 2013     By Ortega Business Law Firm, APC
Building a business is both an exciting and extremely stressful time and selecting the appropriate legal form for your business can be a difficult choice. In California you have five different types of business entities to choose from and forming the correct business entity at the beginning will save you both time and money.

What’s the Difference Between a Franchise and Seller Assisted Marketing Plans, Business Opportunities...

  August 27, 2013     By Matt Dickstein, Business Attorney
In this article I quickly explain the difference between franchises and seller assisted marketing plans, business opportunities, multilevel marketing plans, salespersons, licenses and distributorships.

Buy-in and Buy-out of Accountants to an Accounting Group

  August 27, 2013     By Matt Dickstein, Business Attorney
Accountants come and go from larger accounting groups. When an accountant enters a practice as a shareholder or partner, the practice should prepare for the accountant's exit. The exit is inevitable. In this article, I give one simple rule for structuring the accountant’s buy-in to a practice and the later buy-out of the accountant's shares from the practice.

Buy-in and Buy-out of Veterinarians to a Veterinary Group

  August 27, 2013     By Matt Dickstein, Business Attorney
Veterinarians come and go from larger veterinary groups. When a veterinarian enters a practice as a shareholder or partner, the practice should prepare for the veterinarian's exit. The exit is inevitable. In this article, I give one simple rule for structuring the veterinarian’s buy-in to a practice and the later buy-out of the veterinarian's shares from the practice.

India's New Companies Bill - How It Impacts Foreigners Doing Business in India

  August 26, 2013     By Rajkishore Associates
The Companies Bill, 2013 has been passed by the two houses of Parliament of India and is awaiting the assent of the President, which, when assented to by the President of India, will replace the 57 year old Companies Act, 1956. An attempt is made in this article to focus on how the new Bill impacts small and medium sized foreign companies who seek to do business in India through the means of a limited liability company.

The Logistics Contract in Commercial and Transport Law - Germany

  August 23, 2013     By GRP Rainer LLP
The logistics contract is a so-called mixed-type agreement found in commercial and transport law.

The Relevance of Cybersecurity Risk Management - Malta

  August 20, 2013     By CSB Advocates
The majority of enterprises nowadays rely on information technology as an essential tool for meeting their business objectives as well as safeguarding their intellectual property, financial information and the Company’s reputation, amongst others. Concurrently, critical digital assets are being targeted and the potential impacting businesses has never been greater.

Distribution and Sale of Used Software Licenses - Germany

  August 19, 2013     By GRP Rainer LLP
The rights of software licenses may not simply be transferred with the sale of authenticity certificates.

Understanding the Differences Between Corporations, LLC's, and Partnerships

  August 17, 2013     By HG.org
Congratulations on your decision to start a new business. The question you may be asking, though, is what kind of business you should form? What is the difference between a corporation, an LLC, and a partnership? Why form one and not another?

Breach of Contractual Ancillary Obligations in Leasing Law - Germany

  August 15, 2013     By GRP Rainer LLP
The lessor is possibly subject to fulfilling the contractual obligation to make best possible use of its a leased asset if a lessee is responsible for the calculated residual value of the leased asset according to the contract of lease.

BGH: No Additional Expenses for Subsequent Performance According to Sales Law - Germany

  August 14, 2013     By GRP Rainer LLP
Whenever a contractor or businessman buys a defective item from another contractor, delivery of a defect-free item may be demanded but not reimbursement for additional costs.

Immediate Termination of a GmbH Managing Director - Germany

  August 8, 2013     By GRP Rainer LLP
In determining the valid grounds of immediate termination of a Managing Director, the knowledge available to the parties in regards to the reasons for making the termination effective are decisive.

Stark and Anti-Kickback Laws Regarding Physician Employment and Contractor Agreements

  August 6, 2013     By Matt Dickstein, Business Attorney
In this article, the author briefly outlines the legal requirements for paying compensation to a physician-employee and to a physician-independent contractor. This article explains how you pay compensation to a physician employee or contractor in compliance with the referral laws for California and the fed (Stark and Anti-Kickback).

Buy-in and Buy-out of Dentists to a Dental Group

  August 6, 2013     By Matt Dickstein, Business Attorney
Dentists come and go from dental groups. When a dentist enters a practice as a shareholder or partner, the practice should prepare for the dentist's exit. The exit is inevitable. In this article, I give one simple rule for structuring the dentist’s buy-in to a practice and the later buy-out of the dentist's shares from the practice.

Buy-in and Buy-out of Physicians to a Medical Group

  August 6, 2013     By Matt Dickstein, Business Attorney
Physicians come and go from medical groups. When a physician enters a practice as a shareholder or partner, the practice should prepare for the physician's exit. The exit is inevitable. In this article, I give one simple rule for structuring the doctor’s buy-in to a practice and the later buy-out of the doctor's shares from the practice.

Entitlement to Part-Time Work after Parental Leave - Germany

  August 6, 2013     By GRP Rainer LLP
The employer of an employee returning after parental leave must provide for a part-time employment option.

Payment Services New Rules for the Benefit of Consumers and Retailers - EU

  August 5, 2013     By CSB Advocates
In order to adapt the EU payments market to the opportunities of the single market and to support the growth of the EU economy, the European Commission adopted a package on 24th July 2013.

Fictitious Name as a Company for Sole Proprietor - Germany

  August 5, 2013     By GRP Rainer LLP
A fictitious name for the company of a sole proprietor should be possibly permitted.

Special Purpose Entity

  August 1, 2013     By IP Law Click, PC
How can you protect your assets against creditors as a film maker?