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Adobe PDFThe Pitfalls of “Rollovers as Business Startups” Transactions
Benjamin L. Rackliffe; Pannone Lopes Devereaux & West LLC;
White Paper
June 26, 2016, previously published on June 22, 2016
Versions of qualified plans, sometimes referred to as “Rollovers as Business Startups” or simply “ROBS,” are marketed with increasing frequency to would-be business owners as a way to access tax-deferred retirement funds without paying distribution taxes, in order to cover...

 

HTMLInvestment and New Capital Raising Exemptions for Start-ups, Small and Medium-Sized Businesses in Ontario
Philip Aubry; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
Legal Alert/Article
June 23, 2016, previously published on June 20, 2016
With the decline of our dollar and oil prices, there is some good news for investors in Ontario as private market investments in Ontario that were once only available to high-net-worth -individuals are now accessible to a wider range of investors. Along with these corresponding investment...

 

HTMLAny Amendment Must be in Writing, Signed by the Parties
Jonathan G. Bell, Preet K. Bell, Richard B. Swan; Bennett Jones LLP;
Legal Alert/Article
June 21, 2016, previously published on June 1, 2016
The English Court of Appeal recently held that an express clause in a contract requiring that any amendment be in writing and signed by the parties does not preclude oral or unsigned amendments to the contract. In holding that an oral amendment could be effective notwithstanding an “anti-oral...

 

HTMLThe Tennessee Business Court Tackles Privilege Claims
William R. O'Bryan; Butler Snow LLP;
Legal Alert/Article
June 20, 2016, previously published on May 31, 2016
The Tennessee Business Court has provided additional guidance to commercial litigators concerning internecine legal battles between members of limited liability companies. The Court has determined the fiduciary duties of minority members who combine to form a control group. Now, the Court has...

 

HTMLHow to Talk to Your Family About Succession Planning
Michael C. Zahrt; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
June 16, 2016, previously published on April 29, 2016
A survey conducted by the Family Firm Institute indicated that the majority of small business owners want their business to transfer to the next generation. However, 70 percent of family businesses do not survive into the second generation, and 90 percent do not survive into the third generation.

 

HTMLSupreme Court Rejects Lawsuits by Plaintiffs Who Cannot Show "Real" Injury
Darren K. Cottriel, Meir Feder, Daniel J. (Dan) McLoon, Brian J. Murray, John A. Vogt; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On May 16, 2016, the U.S. Supreme Court decided Spokeo Inc. v. Robins, No. 13-1339, a closely watched case addressing whether federal lawsuits can be filed by plaintiffs who have suffered no concrete injury aside from the violation of a federal statute. The case is of particular interest to...

 

HTMLLCBO Mark-Up Challenged in Court
Brian Kells; Perley-Robertson Hill McDougall LLP/s.r.l.;
Legal Alert/Article
June 16, 2016, previously published on May 25, 2016
In 2015, Toronto Distillery Co., a small craft distiller of spirits such as gin and whisky, launched a court challenge to Ontario’s regulatory regime for on-site sales of spirits by producers.

 

HTMLBusinesses Have New Tool to Protect Trade Secrets
Anne G. Bibeau, Dean T. Buckius, Arlene F. Klinedinst; Vandeventer Black LLP;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA) amending the Economic Espionage Act, 18 U.S. Code Section 1836. The DTSA creates a new, federal, civil cause of action that may be used to sue former employees, independent contractors, consultants, or other...

 

HTMLPiercing the Corporate Veil: When Your Business's Debts Become Yours
Taylor A. Gast; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
June 16, 2016, previously published on May 31, 2016
This is the first article in a series on protecting a business's identity and avoiding personal liability for business actions.

 

HTMLDeciphering Sikkelee: Implications for Aviation Claims and Product Manufacturers
Tarah E. Ackerman, Kevin D. Boyce, Erin L. Burke, John D. Goetz, Devin A. Winklosky; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On April 19, 2016, the Third Circuit issued its long-awaited decision in Sikkelee v. Precision Airmotive Corp. et al.[1] Aviation product manufacturers had hoped the opinion, which considered whether the Federal Aviation Act ("Act") and Federal Aviation Act ("FAA") regulations...

 


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