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What is a clawback provision?

Your company has to attract talent. It’s how it grows and flourishes. The right employee or executive can give your business the edge it needs to be successful.

This demand for talent means successful individuals will command a high salary. CEOs and leadership positions often come with hefty paychecks and bonuses. But what can a company do if these high-paid executives fail to deliver what they’ve promised? Or worse still, mislead investors? That’s where clawback provisions come in.

SCOTUS to rule on arbitration and independent contractor issue

Employment contracts are often subject to the Federal Arbitration Act (FAA). This law encourages the resolution of legal issues through the use of arbitration instead of traditional litigation.

An issue arises: Does the law apply to independent contractors in the transportation industry?

Considering a real estate joint venture? Avoid these mistakes.

One way to better ensure a successful business venture is to avoid common mistakes. When it comes to real estate joint ventures, some common mistakes that can result in serious headaches include:

  • Failure to clarify responsibilities. It is wise to clearly state each partner's rights and responsibilities within the LLC operating agreement or shareholder agreement. This should include steps that would be taken in the event one partner steps away from the venture or is unable to provide services. Clear expectations and communication can mitigate future issues.

FBI warns public of real estate transaction scam

The Federal Bureau of Investigation (FBI) released a publication to inform the public of a scam that specifically targets real estate transactions. As a result, the agency has encouraged vigilance before moving forward with a real estate transaction.

What is this scam? The agency explains that the scam involves use of cyber-attacks to gather information about an ongoing real estate deal. Based on this information, the cyber criminals will intercept funds transmitted during the transaction. Instead of completing the transaction with an intended seller, the buyer unwittingly sends the funds to the criminals.

TX case questions enforceability of non-compete agreement

If structured wisely, a non-compete agreement can result in a strong agreement that protects business interests while also being fair to employees. A failure to carefully draft the agreement increases the risks the document will not survive a legal challenge. A case provides an example.

The case, East Texas Copy Systems, Inc. v. Jason Player, involves a dispute over the reach of a non-compete agreement. In this case, Player resigned from his position with Copy Systems and began a competing business. Copy Systems attempted to bar Player from continuing his business by stating he was in violation of the non-compete agreement. Player countered, stating his actions were not in violation of the agreement.

Young entrepreneurs: Three things to know about patents

With the right intellectual property, entrepreneurs can flourish in their market. Since intellectual property can play such a large role in a business' success, it is wise to take steps to protect this technology. One way to achieve this goal: a patent.

Here are three things to know before moving forward with a patent to protect your work:

Successful succession: 3 things to learn from Alibaba’s evolution

Alibaba Group Holding Ltd. is one of the largest and most successful businesses of our time. This e-commerce giant has provided a number of lessons for entrepreneurs. One of the most recent: how to successfully execute a business sale or succession plan.

The company’s leader and founder, Jack Ma, has been slowly transitioning into retirement. Like many of his business decisions throughout his career, he has taken the transition into his retirement with precise execution. Although the specifics of his plan are best for his situation within his organization, some general lessons are present for any business owner.

Business succession planning: Avoid these common mistakes

Building a business is difficult. Succession planning can be just as challenging.

Why does my business need a business succession plan? A proper succession plan helps to better ensure a smooth transition. As with any plan, knowing the most common mistakes can prove useful.

Three considerations before changing an S-corp to a C-corp

When chosen wisely, the right business structure helps to provide liability protection and can offer tax advantages. Certain changes can trigger a need to reevaluate the chosen structure. One such trigger: a change in tax law.

Rarely is there as large a change to tax law as that completed by Congress at the closure of 2017. The comprehensive federal tax reform, commonly referred to as the Tax Cuts and Jobs Act of 2017, led to massive changes in the Tax Code. These changes have led many business owners to reevaluate the tax advantages once present with an S-corp. In some cases, a reevaluation may lead to the decision to change from an S-corp. to another taxable form.

Meeting The Retail Property Challenge

For the past several years, you have probably seen empty retail space with for lease or sale signs in increasing frequency. Since the Great Recession and widespread adoption of online shopping, retail properties from suburban strip malls to substantial regional shopping centers have experienced a sharp decline in tenants.

Decline In Relevancy

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