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If you own a home, subject to a Foreclosure in St. Johns county, you should contact a Florida Foreclosure Lawyer to discuss your rights. St. Johns county is made up of the following citites. Crescent Beach, Fort Matanzas, Fruit Cove,... Posted on November 22, 2009 at 07:12 am by David M. Goldman

To date, only a very small percentage of loans have received modifications. And, even those modifications are only good for number of years. At the end of the modification term, the loans revert back to what started this mess in... Posted on November 22, 2009 at 07:04 am by David M. Goldman

Many Jacksonville Foreclosure Lawyers see the poor attempt by banks to do loan modifications. Loan Modifications are in the news in Jacksonville Florida where it appears that many have been told to stop making payments to be eligible for... Posted on November 18, 2009 at 11:21 am by David M. Goldman

[It's been awhile since I wrote anything. I am giving a presentation to some of the founders in TheFunded Founder Institute on incorporating their companies, so I thought I would recycle some thoughts.] Founders of startup companies often wait to incorporate a company until they are confident that their concept is viable or fundable. At some point, however, an entrepreneur will need to formally incorporate a company. Several reasons exist for taking the step to incorporate. More than one... Posted on July 20, 2009 at 11:53 pm by Yokum

This week, the Obama Administration released the first comprehensive summary of its budget proposal. The budget proposal is wide ranging, and includes, for example, proposed changes with respect to the taxation of "carried interests" in partnerships, as well as sweeping reform of the international tax area. One proposal would dramatically improve the treatment of "qualified small business stock" issued after February 17, 2009. The budget proposal would modify IRC Section 1202 to provide for a... Posted on May 13, 2009 at 08:37 pm by Yokum

Adeo Ressi, the founding member of TheFunded, recently announced the establishment of TheFunded Founder Institute. The Founder Institute helps founders launch innovative companies by providing training, services, and company-building assignments, such as incorporating the business, filing provision patents, and setting up books and records. The Institute offers a four month program, called a Semester, hosted initially in the Bay Area and then expanding to locations around the world. The program... Posted on May 4, 2009 at 07:00 am by Yokum

The Delaware Supreme Court, sitting en banc, has held that the Court of Chancery erred when it ruled that liability for breach of the duty of loyalty in a bad faith context could be imposed without a showing of intent. In Lyondell Chemical Co. v. Ryan, Lyondell received an unsolicited all cash all shares offer at a substantial premium to the market. Lyondell had made no effort to sell itself or seek a strategic partner and the company was economically viable. The board delegated much of the... Posted on March 25, 2009 at 08:34 pm by Eric Chiappinelli

The Supreme Court of South Dakota has held that an LLC may be dissolved when two of four members refuse to renegotiate the terms of an agreement between the LLC and those two members. In Kirksey v. Grohmann, four sisters were left equal ownership interests in a ranch when their mother died in 2001. The ranch had been in the family for over 100 years. They formed an LLC the next year to hold title to the ranch. They did so for tax advantages, to keep the land within the family, and to keep the... Posted on September 15, 2008 at 11:00 am by Eric Chiappinelli

The Delaware Court of Chancery has erroneously held that it was correct in its earlier decision to permit a case to survive summary judgment under Stone v. Ritter without facts indicating that the defendants intended to violate a known duty. In Ryan v. Lyondell Chemical Co. (Ryan II) (letter opinion dated August 29, 2008) (HT Francis Pileggi here), Vice Chancellor Noble took 26 pages to decide defendants' motion for certification of an interlocutory appeal of his earlier decision in the... Posted on September 3, 2008 at 02:50 am by Eric Chiappinelli

This question was asked a few days ago (in different form) on LinkedIn. The following, slightly edited, is the response that I provided: As is always the case with alleged copyright infringement, the outcome of the case will depend on the facts. AFLAC v. Assurant, et al. illustrates where the line between what is protected and [...] Posted on November 20, 2009 at 06:11 pm by Dana

I recently met a software developer who wants to start a business. He immediately started talking to me about obtaining a patent. Condensed a bit, our conversation went roughly as follows: Dana: Without giving away information that would jeopardize your ability to obtain a patent, what would the software do? Developer: It is enterprise customer relationship management [...] Posted on November 19, 2009 at 01:04 pm by Dana

In Satterfield v. Simon & Schuster, the U.S. Court of Appeals for the Ninth Circuit held that the Telephone Consumer Protection Act (TCPA), 47 U.S.C. Section 227, protects consumers against unsolicited text messages to their mobile phones. Subject to certain exceptions, the TCPA makes it unlawful "to make a call&#xe2€&#xa6using any any automatic telephone dialing system&#xe2€&#xa6to [...] Posted on November 17, 2009 at 12:57 pm by Dana

I am pleased to report that Sara Berman Jensen recently joined AlphaTech Counsel, S.C. I am excited about this change and wanted to share a little about Sara. Posted on November 18, 2009 at 01:55 pm by Matt Storms

This post covers a number of best practices for presenting to investors, whether they be angel, venture capital, or strategic investors. Posted on October 30, 2009 at 01:33 pm by Matt Storms

The post outlines the elements of a SaaS agreement and the differences between a traditional software license or development agreement and a SaaS agreement. Posted on October 16, 2009 at 07:50 am by Matt Storms

While there are a number of motions that may be filed during and after the discovery process, such as motions to compel discovery, or motons for protective orders, what I want to talk about are motions which directly effect the outcome of the case. So even though the title of this section is titled "Motions" [...] Posted on October 30, 2009 at 02:35 pm by Sean M. Sweeney

After the initial pleadings are entered, there will generally be a scheduling conference between the Attorneys and the Judge to set the schedule for the case. Part of that schedule will include a date in which all discovery must be completed. Litigation has been described as playing poker with everyone's cards face up. While [...] Posted on August 20, 2009 at 11:18 am by Sean M. Sweeney

The pleadings stage is the initial stage of any litigation. The Plaintiff (or the person bringing the action) will file a summons and a complaint. The summons will indicate that the Defendant(s) have either 20 or 45 days (depending on the allegations made) to answer the complaint. The complaint will contain all of the allegations [...] Posted on August 11, 2009 at 07:23 am by Sean M. Sweeney

At one time or another, every San Diego business owner questions how well their business is protected from risk, liabilities and infringement. Should they incorporate, form an LLC or partnership? Does the current business entity offer the best tax advantages? Are their personal assets protected? What are their rights and obligations under leases and contracts? Are key contracts enforceable should there be a dispute? Can existing contracts be improved? Are trademarks, logos and business names... Posted on October 14, 2009 at 10:13 am by Donald Oder

Most people don't think about zoning laws when they first decide to start a business out of their home, and most home-based businesses never hear from local governments about zoning violations even where they are clearly in violation of local zoning laws. The reason why is that most home-based businesses are stealthy. Modern technology allows entrepreneurs to conduct virtually all aspects of a business' operations (short of manufacturing and direct sales) without leaving the computer. Employees... Posted on October 8, 2009 at 08:44 am by Donald Oder

Avoiding Litigation - Part One sets forth three pre-conflict practices useful in reducing your business' risk of litigation. Of course, avoiding all conflict is virtually impossible. However, conflict does not inevitably lead to litigation. In fact, more than 90% of all conflict is resolved before reaching the courthouse steps. Below are three practices useful in avoiding litigation after conflict has arisen: Act Fast. The worse thing anyone can do is ignore a potential conflict. If you receive... Posted on October 2, 2009 at 03:03 pm by Donald Oder

During these troubled financial times in Georgia, we have noticed a huge increase in Garnishment actions being filed in Atlanta, Georgia courts. In some instances, the Garnishments are incorrect or have been placed on the wrong accounts. The biggest mistakes that we have seen occur, however, are when small businesses ignore the garnishment rather than hiring an Atlanta business lawyer as soon as possible. A good Atlanta business lawyer will review the garnishment action to determine the proper... Posted on July 23, 2009 at 03:44 pm by Meriwether & Tharp

If you are a starting a georgia corporation and considering a catchy trade name, it is extremely important that any contracts you sign list the actual name of your corporation. In forming new corporations, our clients often come up with a catchy name after we incorporate their business that they want to use instead of their corporate name. Generally speaking, there is nothing wrong with this. If the name is a good one, it could mean a great deal of money for the new business from a marketing... Posted on June 23, 2009 at 03:40 pm by Meriwether & Tharp

If you are a Georgia Small Business owner, certain tax incentives have been created, extended or expanded in the way of business tax deductions and credits under the American Recovery and Reinvestment Act (ARRA), enacted in February. The bonus depreciation and increased section 179 deduction, for example-are only available this year, eligible businesses only have a few months to take action and save on their taxes. Many Georgia small businesses that invest in new property or equipment may be... Posted on June 22, 2009 at 11:22 am by Meriwether & Tharp