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Business And Commercial Law Archives

Things you must consider before buying a business

Whether you are buying a business in Maryland outright or just going through with a merger, there are a number of important things that you need to consider. Be sure that you do your due diligence and that you understand the legal side of the transaction before it is complete. Below are a few examples of important points to keep in mind, though, this list is not exhaustive.

Employees accused of stealing company secrets from Nike

Maryland businesses may be interested in a newly filed business litigation between two sportswear companies over the poaching of employees in violation of employment agreements. The employees left to join a competitor, but their original employer is alleging the stealing of company files and breach of non-compete agreements.

Financial consequences of FMLA compliance and litigation

Business owners in Maryland may be able to avoid future litigation expenses by familiarizing themselves with family leave laws. Today, failure to comply with the rules and regulations that are laid out in the federal Family and Medical Leave Act is becoming very expensive. According to one source, the average verdict in a wrongful termination case involving the FMLA is $335,000.

Defensive tactics to hostile takeover attempts

When businesses attempt a hostile takeover of another company in a bid to acquire it against the consent or wishes of the company's board of directors, target companies often employ a variety of defensive tactics to prevent the takeover from occurring. Despite such measures, hostile takeovers may still be a method through which a business can acquire another business in order to meet their overall company goals.

What are the advantages and disadvantages of a partnership?

A partnership is a type of business structure in which two or more people share ownership and, thus, have equal say regarding the operation of the business. There are several advantages and disadvantages to forming a partnership in order to run a business, all of which should be carefully considered prior to setting up such a business entity.

What are the advantages and disadvantages of a cooperative?

Business owners in Maryland may benefit from learning more about cooperatives, including their advantages and disadvantages. A cooperative may be described as an organization or enterprise that is owned and operated by members, otherwise known as user-owners, who benefit from using the services. One of the core disadvantages of cooperatives is that their success depends heavily on the participation of its members.

What is an S corp, and what are its advantages?

Entrepreneurs in Maryland may benefit from learning more about S corporations and the advantages or disadvantages they may offer. The S corporation can be described as a corporation that receives a special type of IRS tax election that allows it to avoid double taxation as a domestic corporation and to shareholders. The IRS considers S corporations to be unique entities that are separate from the owners.

Corporations in Maryland

In Maryland, determining if a company should be structured as a corporation depends on its commercial capabilities and goals. It is also important that a business choosing to incorporate is aware of the advantages and disadvantages of what becoming a corporation entails.

What is an LLC, and what are its advantages and disadvantages?

A limited liability company is a hybrid business structure. It provides its members with limited liability similar to a corporation with tax benefits similar to a partnership. Unlike a corporation, profit and loss from the business flows through to the personal tax returns of the members. An LLC can have one individual member, two members or can have other corporations and LLCs as members.

Judge must decide on fair use

People in Maryland who are old enough to remember Sony Betamax may also know that the prefix "beta" came to be used as a term to describe systems put into actual use in a preliminary manner so that developers could learn about real world problems in order to refine and improve a product. A landmark Supreme Court ruling involving Betamax may turn out to be a beta case for a current copyright infringement suit.

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