Presented in Salt Lake City, this lecture offered participants strategies for working with state policy makers to further their business goals through proactive legislation.
As in house lawyers you’re ultimately responsible for the reputation of your business. This update seminar looked at various areas of law and at your role in protecting that reputation in the following areas:
- Data Protection – now that GDPR and (just in time) the Data Protection Act 2018 is in force – what have we seen since implementation? What does the recent case law and last minute ICO guidance tell us about how to deal with data? How can you best protect and prepare your business for data breaches. How should you best deal with suppliers, sub-contractors and others in order to keep your business out of the headlines?
- Employment – dealing with reputational risk and contractors, IR35 and self-employment. What do you need to do, to do right by your employees and contractors?
- Influencer marketing – with social media 'influencers' and 'brand ambassadors' being the latest in marketing ploys – what do agreements with them look like and what risks do they pose to you as a brand and under advertising law and data protection legislation?
- Vicarious liability – following the Barclays case – when are you liable for people who do work for you – whether or not they are employed by you?
- Public/private engagement – based on research by CBI and in the light of the recent changes - how best can private business engage with public sector opportunities? Where’s the reward and what’s the risk – should you be looking at this area?
There were many issues that received a lot of attention during the 2015 legislative session. How did the legislature’s actions affect your business? We can help you understand the session’s impacts.
What are the legislature’s plans for 2016? How can you protect your business during the upcoming legislative study sessions and the 2016 legislative session?
Presented in Salt Lake City, this lecture offered participants strategies for working with state policy makers to further their business goals through proactive legislation.
As in house lawyers you’re ultimately responsible for the reputation of your business. This update seminar looked at various areas of law and at your role in protecting that reputation in the following areas:
- Data Protection – now that GDPR and (just in time) the Data Protection Act 2018 is in force – what have we seen since implementation? What does the recent case law and last minute ICO guidance tell us about how to deal with data? How can you best protect and prepare your business for data breaches. How should you best deal with suppliers, sub-contractors and others in order to keep your business out of the headlines?
- Employment – dealing with reputational risk and contractors, IR35 and self-employment. What do you need to do, to do right by your employees and contractors?
- Influencer marketing – with social media 'influencers' and 'brand ambassadors' being the latest in marketing ploys – what do agreements with them look like and what risks do they pose to you as a brand and under advertising law and data protection legislation?
- Vicarious liability – following the Barclays case – when are you liable for people who do work for you – whether or not they are employed by you?
- Public/private engagement – based on research by CBI and in the light of the recent changes - how best can private business engage with public sector opportunities? Where’s the reward and what’s the risk – should you be looking at this area?
There were many issues that received a lot of attention during the 2015 legislative session. How did the legislature’s actions affect your business? We can help you understand the session’s impacts.
What are the legislature’s plans for 2016? How can you protect your business during the upcoming legislative study sessions and the 2016 legislative session?
Legislative Update: New Legislation and Political Developments Affecting Empl...Parsons Behle & Latimer
Each January through March, the Utah Legislature meets to discuss and enact laws that have a significant impact on employers. This presentation discusses the laws affecting employers that were enacted during the 2012 Session, the issues that will likely be discussed in the upcoming year, and how to get a "seat at the table."
That's a Wrap! Employee Benefits Year-End Reminders (and a Preview of 2019 Ch...Quarles & Brady
Join us for this interactive session where we will discuss the top employee benefits changes in 2018 and provide a preview of what to expect in 2019. We will discuss:
- Based on recent case law, should your plans contain a "choice of law" or "mandatory arbitration" provision?
- What retirement plan amendments must you do—and which are optional?
- New health plan changes, including the new proposed HRA rules.
As in house lawyers you’re ultimately responsible for the reputation of your business. This update seminar looked at various areas of law and at your role in protecting that reputation in the following areas:
- Data Protection – now that GDPR and (just in time) the Data Protection Act 2018 is in force – what have we seen since implementation? What does the recent case law and last minute ICO guidance tell us about how to deal with data? How can you best protect and prepare your business for data breaches. How should you best deal with suppliers, sub-contractors and others in order to keep your business out of the headlines?
- Employment – dealing with reputational risk and contractors, IR35 and self-employment. What do you need to do, to do right by your employees and contractors?
- Influencer marketing – with social media 'influencers' and 'brand ambassadors' being the latest in marketing ploys – what do agreements with them look like and what risks do they pose to you as a brand and under advertising law and data protection legislation?
- Vicarious liability – following the Barclays case – when are you liable for people who do work for you – whether or not they are employed by you?
- Public/private engagement – based on research by CBI and in the light of the recent changes - how best can private business engage with public sector opportunities? Where’s the reward and what’s the risk – should you be looking at this area?
Mercer Capital's Value Matters™ | Issue No. 3, 2021 Mercer Capital
Mercer Capital's Value Matters™, published 6 times per year, addresses gift & estate tax, ESOP, buy-sell agreement, and transaction advisory topics of interest to estate planners and other professional advisors to business.
As in house lawyers you’re ultimately responsible for the reputation of your business. This update seminar looked at various areas of law and at your role in protecting that reputation in the following areas:
- Data Protection – now that GDPR and (just in time) the Data Protection Act 2018 is in force – what have we seen since implementation? What does the recent case law and last minute ICO guidance tell us about how to deal with data? How can you best protect and prepare your business for data breaches. How should you best deal with suppliers, sub-contractors and others in order to keep your business out of the headlines?
- Employment – dealing with reputational risk and contractors, IR35 and self-employment. What do you need to do, to do right by your employees and contractors?
- Influencer marketing – with social media 'influencers' and 'brand ambassadors' being the latest in marketing ploys – what do agreements with them look like and what risks do they pose to you as a brand and under advertising law and data protection legislation?
- Vicarious liability – following the Barclays case – when are you liable for people who do work for you – whether or not they are employed by you?
- Public/private engagement – based on research by CBI and in the light of the recent changes - how best can private business engage with public sector opportunities? Where’s the reward and what’s the risk – should you be looking at this area?
Independent Contractors: Overcoming the Legal Perils and ChallengesCarol Buckmann
Worldwide Employee Benefits presentation on October 17, 2013 - Presenters: Thomas F. Hurka of Morgan, Lewis & Bockius LLP; Craig A. Bitman of Morgan, Lewis & Bockius LLP; Moderator: Heidi Winzeler of Practical Law Company
Congrats on surviving this year of multiple changes in the Employee Benefits industry. With more legal changes anticipated in 2020, we want to help you not only review your compliance readiness for the recently implemented laws, but help you and your team build a solid 2020 Watchlist for the new year.
Both focusing on 2019 year-end and looking ahead to 2020, this webinar will cover:
Multiple-employer plans -- What new guidance means for your business
New correction options under the IRS Employee Plans Compliance Resolution System, plus the most common 2019 plan errors we saw and how to fix them
Hardship distributions and participant loans -- Imminent deadlines for amendments and updated tips
New health reimbursement options -- How useful are they?
How to treat coupons used by plan participants to help pay for prescription drugs
New Medicare Secondary Payer reporting rules apply January 2020 -- What should you do?
Insider Lease Agreements (Series: Fairness Issues in Real Estate-Based Bankru...Financial Poise
It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structured enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner.
This arrangement can lead to some ethical issues, should the property owner become distressed. For example, is the lease amount above market and therefore being used to inflate the property valuation? Is rent actually being paid? Is there a proper lease in place or just an internal handshake? Attorneys need to understand the set-up in order to know what is in bounds and what is outside the lines.
To view the accompanying webinar, go to:https://www.financialpoise.com/financial-poise-webinars/insider-lease-agreements-2021/
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbacalisondakintxt
Feedback for 5-2 Milestone Two: Case Study Two
Submission Feedback
Hi China:
Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return.
Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract.
http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
Prof. McCool
Case Study Two: Quasi-Contract:
A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121
Prof. McCool
Case Study Two: Rights and Obligations:
Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted
Case Study Two: Grounds to Evict
Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment.
https://www.landlordology.com/implied-covenant-quiet-enjoyment/
Prof. McCool
Case Study Two: Defenses:
Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac.docxlmelaine
Feedback for 5-2 Milestone Two: Case Study Two
Submission Feedback
Hi China:
Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return.
Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract.
http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
Prof. McCool
Case Study Two: Quasi-Contract:
A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121
Prof. McCool
Case Study Two: Rights and Obligations:
Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted
Case Study Two: Grounds to Evict
Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment.
https://www.landlordology.com/implied-covenant-quiet-enjoyment/
Prof. McCool
Case Study Two: Defenses:
Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
Introduction to Business Law - Dr.R.Jolly Rosalind Silvasilvajolly
Contract Act,1872 in Business Law - What is Business? what is Law? Need to study.- why Students need to Study Business Law- Career options in Business Law- Business Law in Daily life.
It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structured enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner. However, this arrangement can easily lead to some ethical issues, should the property owner become distressed. Where is the line between a savvy real estate strategy and unethical behavior? This webinar presents practice pointers on how to use the ABA Model Rules as a guide to navigating ethical issues in Insider Lease Agreements. Model Rules addressed include those that govern the client-lawyer relationship (Rule 1.7: Conflict of Interest: Current Clients); those that speak to the need for candor toward the tribunal and fairness to an opposing party and counsel (Rule 3.3 through 3.4); and the necessity for truthfulness in statements to others and issues surrounding unrepresented persons (i.e. Rule 4.3).
Part of the webinar series: ETHICAL ISSUES IN REAL ESTATE-BASED BANKRUPTCIES 2022
See more at https://www.financialpoise.com/webinars/
Chapter1B) Describe the organizational forms a company might h.docxchristinemaritza
Chapter1
B) Describe the organizational forms a company might have as it evolves from a start-up to a major corporation. List the advantages and disadvantages of each form.
There is three principal form of organization.
· Proprietorship: Which is an unincorporated business owned by one individual.
· Partnership: Exists whenever two or more persons or entities associate to conduct a noncorporate business for profit.
The Proprietorship and Partnership have a similar advantage and disadvantage.
Advantage:
1) It has an easy process and not expensive formed.
2) The government regulations for these forms are few.
3) The Income is not subject to corporate tax but is treated as part of proprietor's personal income.
Disadvantages:
1) It could be difficult for the proprietor's in these kind of form to obtained the capital need to growth.
2) The proprietor and the partners are liable for the company’s liabilities, which can affect their personal property. Regarding partnership, they could avoid that by the limited partner so one will be a general partner and have unlimited liability, and returns. The second one will be a limited partner and have limited liability, and returns.
3) The life of the company in case of proprietorship is limited to the life of its founder.
4) Some times a problem could appear between the partners.
· Corporation: A legal entity created under state laws, and it is separate and distinct from its owners and managers.
Corporation’s advantages:
1) The corporation has an unlimited life and its separate from its owners and managers.
2) The transfer of ownership interests is easier than the Proprietorship and Partnership.
3) It has a limited liability up to the amount invested in the organization.
4) It is relatively easy for a corporation to get capital markets for its growth plans.
Corporation’s disadvantages:
1- A corporation is subject to double taxation system. Therefore, it is subject to a corporation tax and earnings paid out as dividends to its shareholders are taxable as income of the shareholders.
2- complex and time-consuming set of regulations as compared to partnerships and proprietorship. That need to prepare the charter and the bylaws.
D) What should be the primary objective of managers?
The primary objective of managers is stock holder wealth maximization.
1- Do firms have any responsibilities to society at large?
Companies should operate regarding their manager’s concern as well as their employees benefit and good work environment including laws and rules, also act in an ethical manner and the good for their communities and society.
2- Is stock price maximization good or bad for society?
It’s good because of three reasons:
a) When managers take an action that maximizes the stock price that will improve the quality of life for ordinary citizens.
b) Consumer benefit because stock price maximization needs efficient and low-cost business that produces high-quality products and services at low costs.
c) Employees ...
Legislative Update: New Legislation and Political Developments Affecting Empl...Parsons Behle & Latimer
Each January through March, the Utah Legislature meets to discuss and enact laws that have a significant impact on employers. This presentation discusses the laws affecting employers that were enacted during the 2012 Session, the issues that will likely be discussed in the upcoming year, and how to get a "seat at the table."
That's a Wrap! Employee Benefits Year-End Reminders (and a Preview of 2019 Ch...Quarles & Brady
Join us for this interactive session where we will discuss the top employee benefits changes in 2018 and provide a preview of what to expect in 2019. We will discuss:
- Based on recent case law, should your plans contain a "choice of law" or "mandatory arbitration" provision?
- What retirement plan amendments must you do—and which are optional?
- New health plan changes, including the new proposed HRA rules.
As in house lawyers you’re ultimately responsible for the reputation of your business. This update seminar looked at various areas of law and at your role in protecting that reputation in the following areas:
- Data Protection – now that GDPR and (just in time) the Data Protection Act 2018 is in force – what have we seen since implementation? What does the recent case law and last minute ICO guidance tell us about how to deal with data? How can you best protect and prepare your business for data breaches. How should you best deal with suppliers, sub-contractors and others in order to keep your business out of the headlines?
- Employment – dealing with reputational risk and contractors, IR35 and self-employment. What do you need to do, to do right by your employees and contractors?
- Influencer marketing – with social media 'influencers' and 'brand ambassadors' being the latest in marketing ploys – what do agreements with them look like and what risks do they pose to you as a brand and under advertising law and data protection legislation?
- Vicarious liability – following the Barclays case – when are you liable for people who do work for you – whether or not they are employed by you?
- Public/private engagement – based on research by CBI and in the light of the recent changes - how best can private business engage with public sector opportunities? Where’s the reward and what’s the risk – should you be looking at this area?
Mercer Capital's Value Matters™ | Issue No. 3, 2021 Mercer Capital
Mercer Capital's Value Matters™, published 6 times per year, addresses gift & estate tax, ESOP, buy-sell agreement, and transaction advisory topics of interest to estate planners and other professional advisors to business.
As in house lawyers you’re ultimately responsible for the reputation of your business. This update seminar looked at various areas of law and at your role in protecting that reputation in the following areas:
- Data Protection – now that GDPR and (just in time) the Data Protection Act 2018 is in force – what have we seen since implementation? What does the recent case law and last minute ICO guidance tell us about how to deal with data? How can you best protect and prepare your business for data breaches. How should you best deal with suppliers, sub-contractors and others in order to keep your business out of the headlines?
- Employment – dealing with reputational risk and contractors, IR35 and self-employment. What do you need to do, to do right by your employees and contractors?
- Influencer marketing – with social media 'influencers' and 'brand ambassadors' being the latest in marketing ploys – what do agreements with them look like and what risks do they pose to you as a brand and under advertising law and data protection legislation?
- Vicarious liability – following the Barclays case – when are you liable for people who do work for you – whether or not they are employed by you?
- Public/private engagement – based on research by CBI and in the light of the recent changes - how best can private business engage with public sector opportunities? Where’s the reward and what’s the risk – should you be looking at this area?
Independent Contractors: Overcoming the Legal Perils and ChallengesCarol Buckmann
Worldwide Employee Benefits presentation on October 17, 2013 - Presenters: Thomas F. Hurka of Morgan, Lewis & Bockius LLP; Craig A. Bitman of Morgan, Lewis & Bockius LLP; Moderator: Heidi Winzeler of Practical Law Company
Congrats on surviving this year of multiple changes in the Employee Benefits industry. With more legal changes anticipated in 2020, we want to help you not only review your compliance readiness for the recently implemented laws, but help you and your team build a solid 2020 Watchlist for the new year.
Both focusing on 2019 year-end and looking ahead to 2020, this webinar will cover:
Multiple-employer plans -- What new guidance means for your business
New correction options under the IRS Employee Plans Compliance Resolution System, plus the most common 2019 plan errors we saw and how to fix them
Hardship distributions and participant loans -- Imminent deadlines for amendments and updated tips
New health reimbursement options -- How useful are they?
How to treat coupons used by plan participants to help pay for prescription drugs
New Medicare Secondary Payer reporting rules apply January 2020 -- What should you do?
Insider Lease Agreements (Series: Fairness Issues in Real Estate-Based Bankru...Financial Poise
It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structured enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner.
This arrangement can lead to some ethical issues, should the property owner become distressed. For example, is the lease amount above market and therefore being used to inflate the property valuation? Is rent actually being paid? Is there a proper lease in place or just an internal handshake? Attorneys need to understand the set-up in order to know what is in bounds and what is outside the lines.
To view the accompanying webinar, go to:https://www.financialpoise.com/financial-poise-webinars/insider-lease-agreements-2021/
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbacalisondakintxt
Feedback for 5-2 Milestone Two: Case Study Two
Submission Feedback
Hi China:
Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return.
Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract.
http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
Prof. McCool
Case Study Two: Quasi-Contract:
A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121
Prof. McCool
Case Study Two: Rights and Obligations:
Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted
Case Study Two: Grounds to Evict
Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment.
https://www.landlordology.com/implied-covenant-quiet-enjoyment/
Prof. McCool
Case Study Two: Defenses:
Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac.docxlmelaine
Feedback for 5-2 Milestone Two: Case Study Two
Submission Feedback
Hi China:
Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return.
Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract.
http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
Prof. McCool
Case Study Two: Quasi-Contract:
A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121
Prof. McCool
Case Study Two: Rights and Obligations:
Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted
Case Study Two: Grounds to Evict
Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment.
https://www.landlordology.com/implied-covenant-quiet-enjoyment/
Prof. McCool
Case Study Two: Defenses:
Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
Introduction to Business Law - Dr.R.Jolly Rosalind Silvasilvajolly
Contract Act,1872 in Business Law - What is Business? what is Law? Need to study.- why Students need to Study Business Law- Career options in Business Law- Business Law in Daily life.
It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structured enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner. However, this arrangement can easily lead to some ethical issues, should the property owner become distressed. Where is the line between a savvy real estate strategy and unethical behavior? This webinar presents practice pointers on how to use the ABA Model Rules as a guide to navigating ethical issues in Insider Lease Agreements. Model Rules addressed include those that govern the client-lawyer relationship (Rule 1.7: Conflict of Interest: Current Clients); those that speak to the need for candor toward the tribunal and fairness to an opposing party and counsel (Rule 3.3 through 3.4); and the necessity for truthfulness in statements to others and issues surrounding unrepresented persons (i.e. Rule 4.3).
Part of the webinar series: ETHICAL ISSUES IN REAL ESTATE-BASED BANKRUPTCIES 2022
See more at https://www.financialpoise.com/webinars/
Chapter1B) Describe the organizational forms a company might h.docxchristinemaritza
Chapter1
B) Describe the organizational forms a company might have as it evolves from a start-up to a major corporation. List the advantages and disadvantages of each form.
There is three principal form of organization.
· Proprietorship: Which is an unincorporated business owned by one individual.
· Partnership: Exists whenever two or more persons or entities associate to conduct a noncorporate business for profit.
The Proprietorship and Partnership have a similar advantage and disadvantage.
Advantage:
1) It has an easy process and not expensive formed.
2) The government regulations for these forms are few.
3) The Income is not subject to corporate tax but is treated as part of proprietor's personal income.
Disadvantages:
1) It could be difficult for the proprietor's in these kind of form to obtained the capital need to growth.
2) The proprietor and the partners are liable for the company’s liabilities, which can affect their personal property. Regarding partnership, they could avoid that by the limited partner so one will be a general partner and have unlimited liability, and returns. The second one will be a limited partner and have limited liability, and returns.
3) The life of the company in case of proprietorship is limited to the life of its founder.
4) Some times a problem could appear between the partners.
· Corporation: A legal entity created under state laws, and it is separate and distinct from its owners and managers.
Corporation’s advantages:
1) The corporation has an unlimited life and its separate from its owners and managers.
2) The transfer of ownership interests is easier than the Proprietorship and Partnership.
3) It has a limited liability up to the amount invested in the organization.
4) It is relatively easy for a corporation to get capital markets for its growth plans.
Corporation’s disadvantages:
1- A corporation is subject to double taxation system. Therefore, it is subject to a corporation tax and earnings paid out as dividends to its shareholders are taxable as income of the shareholders.
2- complex and time-consuming set of regulations as compared to partnerships and proprietorship. That need to prepare the charter and the bylaws.
D) What should be the primary objective of managers?
The primary objective of managers is stock holder wealth maximization.
1- Do firms have any responsibilities to society at large?
Companies should operate regarding their manager’s concern as well as their employees benefit and good work environment including laws and rules, also act in an ethical manner and the good for their communities and society.
2- Is stock price maximization good or bad for society?
It’s good because of three reasons:
a) When managers take an action that maximizes the stock price that will improve the quality of life for ordinary citizens.
b) Consumer benefit because stock price maximization needs efficient and low-cost business that produces high-quality products and services at low costs.
c) Employees ...
Slides accompany the course titled "Intellectual Property in Institutional Context," offered at Tel Aviv University Buchmann Faculty of Law, May 2018, by Professor Michael Madison. Course website and syllabus here: <a href="http://madisonian.net/home/?page_id=3109">http://madisonian.net/home/?page_id=3109</a>
Recently, shareholder groups have sued companies for inadequate disclosure in the annual proxy. They allege that companies provide insufficient disclosure to determine how to vote on “say on pay.” If a company follows SEC guidelines, why is this not sufficient?
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Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
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Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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