Business and Industry Law Articles

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

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...
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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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

Clarification on the Implementation of the EIT Preferential Policies for China's Western Region

The State Administration of Taxation (“SAT”) issued Notice on the Matters regarding Enterprise Income Tax under the Development Strategy for...

Analysis of Mental State Under the Fair Debt Collection Practices Act

The U.S. Court of Appeals, in its published opinion, Warren v. Sessoms & Rogers, P.A., No. 10-2105, 2012 WL 76053 (4th Cir. Jan. 11, 2012),...

Tax Transformation from Business Tax to Value-Added Tax in China

The State Administration of Taxation has issued the Provisional Measures of Applying the Exempt, Credit and Refund Method to Zero-rated...

Issues in Social Security – Proof of Marriage

India and Vance had been married for 27 years at his death. When she turned 62 she applied for widows benefits. Social Security requires as part...

Long Term Care: Home Based and Community Services

Most people when they think of long-term care think of care in a nursing home. The majority of people only enter a nursing home when their needs...

Keep an Eye Out for these Alzheimer's Warning Signs

The chance that a person will develop Alzheimer's disease increases significantly after the age of 65. Almost one out of every eight people will...

What Happens When You Don’t Update Your Estate Plan - The Stieg Larsson Story

Stieg Larsson, for those of you who can’t place the name offhand, was a Swedish journalist and right wing political activist for most of his...

The Stamp War - Shoot Five: Gaylord v. United States

In litigation that already has lasted nearly twice as long as the war itself, volleys are still being fired over the copyright for a portion of...

U.S. Patent Liability Based on Foreign Sales or Manufacturing - Taiwan

  By Asia Law
Can a company that does business only in Asia, with all of its manufacturing, sales and deliveries taking place there pursuant to contracts...

What Happens If You Don’t Plan for Your Death

We have all heard how important it is to create an estate plan. Despite this, many people put off creating one. We all also know how important...

Who Needs an Elder Law Attorney

As people continue to live longer and medical science continues to make improvements, elderly people often face a range of legal topics that...

New Edition of Catalog for the Guidance of Foreign Investment Industries

The Catalog for the Guidance of Foreign Investment Industries (Amended in 2011) (the “Catalog”), which shall come into force as of January 30th,...

Legally Operating a Medical Marijuana Business in California

Pursuant to California law, medical marijuana businesses legally are allowed to operate in the state. However, there are conflicts in the laws...

How to Create a Family Tree

Creating a Family Tree is a helpful method to guarantee your estate plan encompasses all your wishes for distribution of your property. A...

Roll Over Your 401K

If you have an employer sponsored 401k and you happen to leave your current job, you’ll probably have some decisions to make about how to handle...

Spendthrift Trusts Protect the Financially Challenged

If you want to leave money to a friend or family member when you die, but are worried about their financial acumen, you might want to consider...

Prenuptial Agreements Serve Important Estate Planning Function

Prenuptial agreements still get a bad rap. People often crack jokes when talking about them, saying they are for the paranoid, the pessimistic,...

The Basics of Adult Guardianship

Adult guardianship is a legal proceeding in which a ‘ward’ is found lacking in the capacity to care for themselves and legally authorizes a...

Can You Trademark a Color?

This question comes from a lawsuit filed against Yves Saint Laurent America, Inc. by Christian Louboutin. Louboutin is a French shoe designer...

The Asheville Food Truck Industry

Business is booming in the Asheville food truck industry. It took a little while (about a year) for Asheville City Council to approve the...

What are the Duties of an Executor?

As you go through the process of planning your estate, one of the things you’ll be asked to do is to name an Executor of your Will. Many people...

The Pros and Cons of a Pooled Trust

Everyone knows that long-term care is expensive, and it’s not likely to get more affordable in the near future. Figuring out how to pay for a...

Life Insurance

If you’re covered by life insurance, you’re the “insured», and you’re most likely the owner of the policy, too – but not necessarily. In some...

How Often Should You Review Your Estate Plan?

For example, what if your incapacity planning documents are old and don’t include the appropriate HIPAA language. In the event that you become...

Beyond Basics: The Irrevocable Trust

The revocable living trust has become an indispensible estate planning tool in recent years. It gives you the ability to avoid probate. Plan for...

How to Leave an Inheritance to a Child

Leaving an inheritance to a child is a little trickier than leaving an inheritance to an adult. After all, if you want to leave money or...

10 Tips for Drafting Indemnification Provisions - Taiwan

  By Asia Law
One encounters indemnification provisions so often in so many diverse agreements that it’s almost tempting to regard them as routine...

Why Parents with Young Children Need an Estate Plan Immediately

Reason 1: Your children will need a guardian if you should die. Becoming a parent changes you, especially when you realize that your children...

Hire a Professional Trust Administrator

Not even the extremely wealthy are immune from basic estate planning mistakes. Time and time again, people name one child as a Trustee. That is...

The JOBS Act – Key Provisions You Should Know

Last month, President Obama signed historic and far reaching legislation into law – the Jumpstart Our Business Start-ups Act (the “JOBS Act”)....

Can I Challenge a Will? 3 Questions

Not just anyone may challenge the validity of a Will. Though state laws differ slightly, all require that you be related to the Will in some...

Recognized Incorporated Cell Companies - Malta

On the 17th April 2012, the Companies Act (Recognized Incorporated Cell Companies) Regulations were incorporated into Maltese law by virtue of...

How a Power of Attorney and a Revocable Living Trust Work Together

If you have a Revocable Living Trust, you know that it can serve as an essential incapacity planning tool. If you’re ever disabled – through...

Withdrawing Money from Your Roth IRA

One of the great things about a Roth IRA is that since you fund the account with after-tax dollars, amounts you withdraw from the account are...

Ubiquity of Dementia Demands Action

Everyone has heard of Alzheimer's disease, a debilitating condition that causes dementia among our nation's senior citizens. People who suffer...

Forbes Article Updates Amy Winehouse Estate Details

According to a news piece that is appearing on the Forbes website the late multi-Grammy award-winning pop singer Amy Winehouse died intestate....

Tax Hikes: The Clock is Ticking

Procrastination is common as we all live busy lives, and time can get past you in a hurry. If you have been planning on discussing your...

Payable on Death Accounts: Simple, but Limited

You may hear about payable on death accounts and walk away thinking that these accounts are an ideal estate planning solution. After all, simply...

Pragmatic Decisions Are Necessary

Every family dynamic is unique and the level of communication that exists among family members is going to vary on a case-by-case basis. Some...

When You Pass Away Can Make a Lot of Difference

There are a number of things about the Federal estate tax that do not seem fair to many observers. One of them is the fact that it is a tax that...

A Last Will Can Lead to Asset Erosion

It would be logical to assume that you can leave behind financial resources to your loved ones without losing money in the process. However if...

3 Questions about Beginning a Probate Case

The probate process governs what happens to all the property a person owned after that person dies. Each county usually has a probate court that...

Addressing the Realities of Probate

Far too many people go through life without executing the appropriate estate planning documents. The reasons why they procrastinate vary but one...

Founders Preserving Facebook Riches

Mark Zuckerberg and Dustin Moskovitz are two young men who are in possession of some extraordinary wealth. The Facebook founders are in a...

Don't Expect too Much from Social Security

Statistics indicate that a high percentage of people who are approaching retirement age are simply not ready, and many seniors will never be...

Young Families Need an Estate Plan Right Now

Whether you are a newly married couple, a couple with young children, or a blended family with children from a previous relationship it's...

Probate School – How a Probate Case Begins

Probate law is often one of the more misunderstood, and even feared, areas of the legal system. Not to worry. The probate process itself is...

Stepping Up on Corporate Governance of Listed Issuers in Hong Kong

In line with the trend towards higher level of corporate governance and more accountability of listed issuers and their directors in many other...

The Consequences of Not Planning for Your Death

Millions of Americans have not taken the time to sit down and create a comprehensive estate plan. In addition, a shocking number of Americans...

Considering Digital Tombstones

As part of your legacy planning efforts, you may wish to consider digital tombstones. What are digital tombstones? Essentially they are websites...

Challenging a Will – 3 Questions

Answer: Maybe. In order to challenge a Will you must have “standing,” the legal right to challenge a will in court. In order to have standing...

Estate Planning Uncertainty in an Election Year

Creating a comprehensive estate plan is a complicated undertaking and requires a thorough understanding of all the myriad tax laws that will...

Feeling Conflicted about Seeking Guardianship of a Parent? Here’s Why You Shouldn’t

For any adult child who is facing the decision whether or not to petition to become his parent’s legal guardian, feelings of conflict are...

Mistakes in Estate Plans

People like to do things for themselves. We all think that we know what we need to do and what is in our best interests. However, if you try to...

How the Heck Do I Start a Probate Case? 3 Tips

If you've experienced the death of a close family member, you may have to soon confront the prospect of beginning the probate process. Though...

Estate Planning When Shacking Up – 2 Tips

According to recent survey data, less than half of Americans 18 and older are married. For unmarried or cohabiting couples, estate planning is...

Planning for Dementia

Most people have watched an episode of 60 Minutes at some point in their lives and are familiar with Mike Wallace who recently passed away at...

Advanced Age Can Bring Dementia With It

It may be human nature to avoid subjects that are not especially pleasant, and this is one of the reasons why people often procrastinate when it...

Estate Planning and Taxes -- Why the Two Go Hand in Hand

When most people make an appointment to sit down with their estate planning attorney, they have given some very serious thought to how they want...

Protecting Your Elderly Family Members -- Signs of Elder Abuse

The vast majority of us will need to entrust an elderly family member’s care to a stranger at some point in time. This may be for anything from...

What Do I Need to Do After the Death of a Family Member?

We all hope never to need to know the answer to that question; however, if you do find yourself in the position of trying to figure out what...

How to Handle an Unexpected Inheritance

If you recently received a letter or a telephone call telling you that you just inherited a small fortune from a long lost relative you probably...

Are Estate Planning Documents Public Record?

In recent years, the rate at which technology has developed is mind boggling. Just a generation ago, the internet was virtually non-existent....

The Conservatorship of Britney Spears

How many people not named Britney does it take to manage Britney Spears' affairs? It turns out that the answer might be two. Recently, a court...

Only an Attorney Can Create Your Estate Plan

It is generally true that you might be able to use the services of a non-attorney for your important estate planning documents and end-of-life...

Talk to an Attorney after Receiving an Unexpected Inheritance

Receiving an unexpected inheritance can sometimes feel a lot like winning the lottery. Suddenly, you have assets that you did not plan on...

Hiring Professionals to Serve as Trustees

If you are afraid of your family fighting over your estate in Probate Court, an estate planning attorney has ways to help alleviate that...

Termination Clauses in Physician Contracts

Termination is the most important provision in a Physician Employment Contract and a Physician Contractor Agreement. Your exit from the...

Should You Incorporate Your Medical Practice?

In this article I answer the question, should you incorporate your medical practice? What are the costs and benefits of forming a medical...

Regulatory Compliance for Medical Practices

In this article, I give you a quick overview of the major regulatory compliance areas for physicians and medical practices, namely: 1. Referral...

You Probably Need More than Just a Simple Will

Most people are aware that they should have some legal documents that state what happens to their property when they pass away. You probably...

Avoid Family Conflict by Hiring an Estate Attorney

Estate plans can have many different goals. At a minimum, an estate plan sets out what will happen to your assets after you pass away. One thing...

Your Boca Raton Car Accident Lawyer Warns of the Dangers of Tailgating

Broward County, Florida – The Florida legislature, with the full support of Florida governor Rick Scott, recently amended the laws governing...

How a Foreign Employee Starts His Work in China?

A foreigner and the potential employer should get proper permit before the foreigner starts his work in China. This article also give some basic...

Wrongful Death Claims

When you lose a loved one, the grief is immeasurable. If you lost a loved one and you believe that someone else was at fault, it can add anger...

Who Will Watch Over My Pet After I'm Gone? 3 Questions about Pet Trusts

A pet owner who creates a pet trust ensures that his or her pet will be cared for after the owner dies. A pet trust is a legal entity that owns...

When to Make an Estate Planning Change – 3 Key Moments

Anyone who welcomes a new child should always update his or her estate plan as soon as possible. Not only will you want to make provisions in...

Don't Be Fooled by Estate Tax Changes

With the recent changes to the estate tax, many people have become confused about estate planning. Unfortunately, a lot of the confusion is...

A High Estate Tax Level Does Not Mean You Don't Need a Trust

With the current Federal estate tax limit being at a higher than normal level, some people think that a Revocable Living Trust is no longer a...

Plan for a Nursing Home Now

Have you ever considered what might happen to your assets if you have to go into a nursing home for a long term stay? Nursing home care is...

Elder Law Primer – What is Elder Law?

As you get older, different laws have a greater or lesser effect on your life. Elder law is simply a phrase used to describe all the legal...

Three Questions about Digital Remembrances

For many people, how you are remembered after you die it as an important part of your estate plan as ensuring your property will pass to your...

Don't Give Large Gifts Without Legal Counsel

You have to be extremely careful about giving gifts of significant value in light of the looming threat of the federal gift tax. Right now this...

Preserving Wealth - A Concern for Facebook Founders

If you have more money than you're going to be able to spend during your lifetime you have to consider tax efficient asset transfers. Clearly...

Government Regulation No. 47 of 2012 on Social and Environmental Responsibility of Limited Liability Company - Indonesia

  By Leks&Co
Background - The purpose of the issuance of Government Regulation Number 47 of 2012 on Social and Environmental Responsibility of Limited...

Estate Planning for Pets – Questions about Pet Trusts

A pet trust is a legal entity you create by creating a document that includes specific and legally required terms. If you use your Will to...

Choosing a Digital Tombstone: 3 Tips

With all the tools that online life allows us, more companies are offering “Digital Tombstones” that offer the promise to keep your legacy...

Avoiding Awkward Family Money Situations: 3 Tips

If you have spent your life providing for your family and making sure they are well cared for, the thought of having to ask your family for a...


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