CAN YOU TAX GUNS OUT OF EXISTENCE?

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Questions about firearms are never far from the mind in the American political discourse.  Sometimes it simmers on the back burner, bubbling at the rhythm of political campaigns.  Other times it surges to the forefront, often in the wake of atrocities like one committed against concert goers in Las Vegas last year. Guns are not central to this blog or … Read More

BANKRUPTCY’S FRESH START

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For small businesses, just as for individuals, bankruptcy should dispose of all disputes with their creditors.  A discharge under Chapter 7 or confirmation of a payment plan under Chapter 11 marks the end of that journey. But that does not always keep some sneaky creditors from trying their hand at pursuing the matter in State Court anyway.  With a good … Read More

WHAT TO MY WONDERING EYES SHOULD APPEAR…

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… but a massive, enormous, extravagant Christmas lights display on what used to be a quiet residential corner. In an era when enterprising people organize paying “tours of homes” driving past greatly decorated houses in town, is that appearance awesome? Or should sleigh riders beware of scowling homeowners lurking behind windows, shotgun in hand, cursing the disruption to their neighborhood? … Read More

HOW TO PROTECT YOUR LLC’S CORPORATE VEIL

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Limited liability is the cornerstone of modern, corporate free enterprise.  It means the entrepreneur puts no more of their personal fortune at risk than they invest in the company they create.  Their personal assets not invested in the venture may not be reached by the company’s creditors should the business fail. Limited Liability Companies (LLCs) are a fairly recent invention … Read More

A NEW TWIST TO AN OLD QUESTION ABOUT NON-COMPETES

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The purpose of non-compete agreements, paradoxically, is to allow competition (there is a right to work and compete), all while preventing unfair competition by protecting employers’ Legitimate Business Interests.  It follows logically then that they are only enforceable against certain employees and under certain circumstances.  Smart businesses employ expert counsel to draft them in a way most likely to be enforced. Nor … Read More