Closely held businesses produce over 50% of the Gross National Product ("GNP"). Less than 50% of these businesses have a continuation plan and almost one-third of these companies (29%) use a buy-sell arrangement to assist in their planning. Buy-Sell agreements are very simple tools that over the years have grown to meet increasing needs of closely held businesses.
In track, a runner "jumps the gun" when he or she begins running before the gun has sounded. A similar concept occurs when two competing firms that have agreed to merge begin coordinating their activities or combining their distribution networks before the merger closes. Here is what merging firms can and cannot do before the gun sounds.
What obligations does a buyer's broker have to different clients interested in purchasing the same property? When faced with that question in Rivkin v. Century 21 Teran Realty LLC, the Second Circuit certified the question to the New York Court of Appeals. Rivkin answered at least one significant question surrounding the obligations of a buyer's broker, but the Court of Appeals opinion raised new questions whose resolution will await future litigation (or legislation).
A look at recent rulings of importance.
Commentary on the latest cases.
Part One of this article discussed the changes in New York Labor Law (NYLL) pertaining to commissioned sales personnel. The conclusion herein addresses the other changes made by the law.
After much pressure from the defense bar, the judiciary and Congress, the DOJ issued new guidelines on prosecuting businesses on Aug. 28, 2008. A close look at the fine print, however, shows that not much has changed.
In a much anticipated opinion, the Second Circuit has affirmed the dismissal of an indictment against 13 former partners and employees of the accounting firm KPMG, who were charged with creating fraudulent tax shelters. United States v. Stein. This article discusses the case in depth.
At one time or another, every trademark holder must deal with infringement on the Internet. After years of chasing individual infringers, many brand owners seek relief from those who provide the means for infringement. Yet these efforts have had limited success, at least in the United States. In some jurisdictions, search engines have avoided liability for sales of trademarks as keywords, under the doctrine of non-trademark use.
