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Combating the Bankruptcy Preference Demand- Don’t Overlook the New Value Defense
Scenario: You are owed substantial money by a bankrupt company. You then receive a letter or lawsuit demanding the return of money paid by the bankrupt company to your company. This is known as a preference demand or preferential avoidance action. As I wrote in my May 26th blog, the preference demand should not be…
Offit Kurman Wins Judgement in United States Court of Appeals in Case Against Verizon
In a published opinion issued by the United States Court of Appeals for the Fourth Circuit on May 13, 2014 in CoreTel Virginia, LLC v. Verizon Virginia, LLC et al., the appellate court reversed a federal trial court’s judgment and directed summary judgment in favor of Offit Kurman’s client, Coretel, and against Verizon on the…
Friday Factoid: International Copyright Treaties and Conventions
Although there is no form of single copyright registration that will automatically protect an author’s writings globally, most countries offer protection to foreign works under international copyright treaties and conventions, namely the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention. Source: copyright.gov If you have any questions regarding…
Biz Tek Today From Michael Mercurio: Increase in M&A
M&A is on the increase . . . . It’s been my personal observation that there is more M&A out there than in past years. The transactional articles below affirm this observation and give reasons as to perhaps why. If you are a prospective future seller take note of the article on earn-outs. Earn-outs can…
The Trend of Solo Practitioners Joining Larger Firms
As an attorney for more than 35 years, I have seen many solo practices come and go. Many young attorneys believe that the easiest way to begin a practice is to start their own. However, after several years, they often experience a series of headaches regarding billing, marketing, soliciting new business, dealing with IT problems,…
The Weekly Scenario: How Many Rollovers are you Allowed Per Year on Individual IRA’s?
Question: Am I permitted more than one (60 day) rollover per year from my Individual Retirement Account (IRA)? Answer: There has been a rule change starting next year. Beginning January 1, 2015, an owner of an IRA will be allowed only one 60-day rollover per 12 month period (regardless of how many IRAs they own)….
Construction Payment Bonds: A Pot of Gold at the End of a Treacherous Rainbow
For those who are not paid for their work on a construction project, a payment bond represents a welcomed pot of gold at the end of the rainbow. However, extracting money from a surety, the issuer of the payment bond, is never simple. Sureties typically do not simply issue checks whenever a claim is made….
Can HOA board members profit from insider deals? How do we deal with secretive HOA boards?
Q: The president of our homeowners’ association tells us it’s illegal to disclose names of owners who are delinquent in payment of assessments. Is this correct? He and others have profited from their knowledge of delinquencies by buying lots for low prices without notice to other HOA members who might buy them. A: The answer to the…
Firefighters in Emmaus can Vote to Unionize
Offit Kurman attorney Neil A. Morris, Chair of Philadelphia Labor and Employment Practice, was requested by the media for comment on an important labor matter. Firefighters belonging to the Emmaus Fire Department located in the Lehigh Valley, Pennsylvania are now considered to be employees rather than simply volunteers. This gives them the right to vote…
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