Everything you need to know about Corporate and Business Law so your business runs smoothly

  • Phantom Stock Plans

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    Owners of companies are always looking for creative ways to compensate and retain essential employees, while simultaneously retaining complete control and ownership.
    Phantom stock, sometimes referred to as “shadow stock”, is a fairly popular mechanism to tie compensation for employees to the financial performance of a company.  It is a company’s promise to pay an employee […]

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  • Deductibility of Entertainment Expenses

    Deductibility of Entertainment Expenses

    Expenses incurred entertaining customers, clients, and employees are often deductible under 26 U.S.C. § 274.  Because the rules are quite detailed and contain a collection of exceptions and specific treatments of specific forms of entertainment, including foreign travel, conventions, and cruises, it is particularly important that taxpayers consult with a reputable lawyer or accountant to […]

    (read more...)
  • Fraudulent Conveyance

    Fraudulent Conveyance

    A fraudulent conveyance, also called a fraudulent transfer, is a transaction where one party (“Transferor”) gives or sells for less than full value an asset to another party (“Transferee”), leaving the Transferor without sufficient assets to pay his obligations.  An example of a fraudulent transfer is an individual gift all his assets to a close […]

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  • Insider Trading

    Insider Trading

    What is Insider Trading?
    Insider trading is the trading of a corporation’s securities, such as stock, bonds, or stock options, by people who have access to non-public information about the company.  Although generally thought of as criminal, certain types of insider trading are completely legal and in fact common.  The Securities and Exchange Commission (“SEC”) is […]

    (read more...)
  • Premises Liability

    Premises Liability

    Any business that owns real estate of any kind can be faced with the issue of whether or not the business is liable for injuries a person receives while on the business’ property.  Although most business owners think of premises liability primarily in the context of a “slip and fall” injury to a potential customer, […]

    (read more...)

Premises Liability

Premises Liability

Any business that owns real estate of any kind can be faced with the issue of whether or not the business is liable for injuries a person receives while on the business’ property.  Although most business owners think of premises liability primarily in the context of a “slip and fall” injury to a potential customer, […]

What Businesses Should Know in Corporate Law Issues

Phantom Stock Plans

article thumbnail

Owners of companies are always looking for creative ways to compensate and retain essential employees, while simultaneously retaining complete control and ownership.
Phantom stock, sometimes referred to as “shadow stock”, is a fairly popular mechanism to tie compensation for employees to the financial performance of a company.  It is a company’s promise to pay an employee […]

Deductibility of Entertainment Expenses

Deductibility of Entertainment Expenses

Expenses incurred entertaining customers, clients, and employees are often deductible under 26 U.S.C. § 274.  Because the rules are quite detailed and contain a collection of exceptions and specific treatments of specific forms of entertainment, including foreign travel, conventions, and cruises, it is particularly important that taxpayers consult with a reputable lawyer or accountant to […]

Fraudulent Conveyance

Fraudulent Conveyance

A fraudulent conveyance, also called a fraudulent transfer, is a transaction where one party (“Transferor”) gives or sells for less than full value an asset to another party (“Transferee”), leaving the Transferor without sufficient assets to pay his obligations.  An example of a fraudulent transfer is an individual gift all his assets to a close […]

Insider Trading

Insider Trading

What is Insider Trading?
Insider trading is the trading of a corporation’s securities, such as stock, bonds, or stock options, by people who have access to non-public information about the company.  Although generally thought of as criminal, certain types of insider trading are completely legal and in fact common.  The Securities and Exchange Commission (“SEC”) is […]

Premises Liability

Premises Liability

Any business that owns real estate of any kind can be faced with the issue of whether or not the business is liable for injuries a person receives while on the business’ property.  Although most business owners think of premises liability primarily in the context of a “slip and fall” injury to a potential customer, […]

Products Liability

Products Liability

Any business that produces a physical product faces potential liability if the product turns out to be defective.  Additionally, any business that uses a defective product may have a cause of action against the producer and/or seller of the defective product.  Suits to recover damages resulting from defective products are collectively referred to as “products […]

Sales Warranties

Sales Warranties

Sales warranties are guarantees that sellers make to people who purchase goods from them.  The sales warranty rules apply only to the sale of “goods,” that is, tangible items.  Sales warranties do not apply to sales of services or property.  Although most people think of warranties as explicitly stated promises, which the law calls “express […]

Shareholder Voting Arrangements

Shareholder Voting Arrangements

In certain situations, shareholders may find it advantageous to enter into agreements with other shareholders regarding how the company should be run or who will run the company.  These agreements, known as “shareholder agreements” or sometimes “vote pooling agreements” or “block voting arrangements” are generally permissible and can pertain to a variety of topics.  The […]

Arbitration Agreement Enforceability

Arbitration Agreement Enforceability

Generally Arbitration Agreements Are Enforceable
When faced with the question of whether or not to enforce an agreement to arbitrate, American courts routinely uphold the vast majority of arbitration clauses.  The legal basis for upholding contractual arbitration clauses is the Federal Arbitration Act, which mandates that arbitration agreements “shall be valid, irrevocable, and enforceable.”  In Southland […]