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Friday Factoid: Panera Wins Order Over Papa John’s In Trade Secret Fight

This content has been archived. It may no longer be relevantA federal judge recently issued a temporary restraining order to bar a former Panera’s executive from working at Papa John’s. The judge determined that Panera is likely to prevail on its complaint, which accuses its former vice-president of violating his non-competition agreement by accepting a…

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For Lawyers, Cybersecurity Competence is also an Ethical Obligation

Late last year the ABA Journal published a brief news article about an Oklahoma attorney who was forced to pay $700 in ransom to criminals who were holding his computer files hostage. Hardly more than 100 words long, the matter-of-fact article underscores an alarming trend: stories like this one have become commonplace. Cyber-extortion, it seems,…

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The Weekly Scenario: Revoking A Financial Power of Attorney

Question: Can I revoke my financial power of attorney if I am unhappy with the agent I named to serve in the event of my incapacity? Answer: Yes, assuming you are competent, you may revoke the power of attorney at any time and there are a few measures you can take to revoke the document….

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Sole Custody Parenting Alone After Divorce

No one ever said parenting would be easy. And parenting after a divorce can be especially challenging for both the parent and child. In a small number of cases, receiving sole custody might mean that the other parent is unable, unwilling, or possibly unfit to be physically available, thus leaving them to parent alone. Here are some…

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M&A FAQs: Why Would an M&A Deal Fail?

Just as mergers and acquisitions (M&A) can have many kinds of successful outcomes, there are plenty of ways in which a transaction can fail. A significant number of M&A deals do not make it through the negotiation stage.   Why? On its surface, the answer is simple: nine times out of ten, it’s because the…

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Read | Delete: Proposed Regulations Would Affect Estate Valuation Discounts

On August 4, 2016, the Internal Revenue Service (IRS) issued its long-awaited proposed regulations to Section 2704. The proposed regulations are designed to inhibit taxpayers from understating the value of their assets for estate and gift purposes. Its purpose is to ensure that all intra-family transfers of interest in entities are noted at fair market…

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Avoid Breach of Fiduciary Duty Lawsuits Over 401(k) Investments

Last month, U.S. District Court Judge Richard Story in Atlanta certified a class action by participants in the SunTrust Banks, Inc. 401(k) Savings Plan.  According to the Judge, the class proposed by the plaintiffs “will help bring an efficient resolution to this case.”  The class is composed of an estimated 50,000 individuals who were participants…

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Dissecting The Deal: Legal Precautions When Merging Two Companies

Michael N. Mercurio, Esq. is the head of Offit Kurman’s Anatomy of the Deal, a series of exclusive events for entrepreneurs, owners, and C-level officers interested in learning more about mergers, combinations, and joint ventures for small and mid-sized companies. Mr. Mercurio provides business strategy and legal counsel to businesses going through a merger or an…

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The Weekly Scenario: Trustee of a Child’s Trust

Question: Should the same person who is raising my children also be in charge of the financial assets left in trust for them? Answer: The person you name as guardian of your minor children can also serve as trustee of the child’s trust. That being said, often the people who are the best suited to be…

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Friday Factoid: Google Visitor Center at Yellowstone National Park – Coming Soon?

In March 2016, the Director of the U.S. National Park System proposed an Order which, if adopted, will allow corporate sponsors to obtain naming rights for buildings, equipment and programs at any of the nation’s 411 national parks. Sources: Proposed Order,  Washington Post If you have any questions regarding the content of this communication, please contact…

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