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The Aftermath of a Poorly Drafted Franchise Agreement

This content has been archived. It may no longer be relevantAs a franchisee, no document is, perhaps, as critical to the success and longevity of your business as your Franchise Agreement. You may recall from one of our previous blogs, “Franchise Agreements, Protected Territories, and Franchise Law,” we mentioned how important it was for a…

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The Role of a Board of Directors in Mergers and Acquisitions

The direction of the board of directors’ principal role involves strategy, governance, and oversight of management, which includes general oversight of a company’s day-to-day activities. But what is the role of the board when it comes to mergers and acquisitions? The Role of a Board of Directors in Mergers and Acquisitions The depth of the…

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6 steps HOAs can take before a disaster strikes

Note: This week’s column was written by Bob Freitag of AmeriClaims, Inc., a firm of public insurance adjusters in Indian Trail that represents individuals, organizations, and businesses after a property disaster. No one likes to think about disasters. The truth is that fires, floods, water damage and storms are a frequent occurrence in our state….

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How board can handle ‘inherited’ problems

Q:   The developer of our community has turned over control of our homeowners association (HOA) to the homeowners, and we have now elected our first board of directors. We are fielding lots of complaints of CCR (covenants, conditions, and restrictions) violations with sheds, fences, etc. that are violations of our CCRs but were ignored…

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Mike Hunter to speak at community forum on HOAs sponsored by WFAE public radio

From WFAE’s website, which can be found here:  http://events.publicbroadcasting.net/wfae/events.eventsmain?action=showEvent&eventID=1471554 “Thousands of Charlotte-area residents live in neighborhoods that have a local Homeowner Association. HOAs are often praised for keeping communities cleaner, safer and more livable. But some homeowners complain that HOA boards can be too rigid and arbitrary in enforcing covenants and restrictions, infringing on homeowners’…

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Compliance and Compensation Matters – January 29, 2014

How You Explain LO Comp Also Matters Increasingly I have been called by clients frustrated at emails and other solicitations that offer loan officers “clearly illegal” compensation plans that these would-be employers claim have been blessed by counsel.  In many cases, after looking further into these plans, I have discovered that the compensation plans are…

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Read|Delete – 1.27.14

Two money lessons from trash-talking Seattle Seahawk Richard Sherman: * Intense preparation trumps natural ability. * Self-promotion isn’t a bad thing. Source: MSN Money Partner, “6 money lessons from trash-talking Richard Sherman,” 1/22/14. http://money.msn.com/saving-money-tips/post–6-money-lessons-from-seattles-trash-talking-richard-sherman

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What Vance v. Ball State means for Future Employee Harassment Cases

On the 2nd and 4th Wednesday of every month, Howard Kurman, Chair of Offit Kurman’s Labor & Employment Practice Group, holds his Labor and Employment Telebriefs, an easy way to stay current and compliant with the latest Labor and Employment law developments. The focus is on the practical, lessons learned and actionable items by corporate decisions…

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The Weekly Scenario from Steve Shane – 1.27.14

Question:  What is a donor-advised fund? Answer:  A donor advised fund is often viewed as an alternative to a family foundation.  The donor advised fund is offered by a number of investment companies, Community Foundations and other institutions. These funds are established as public charities and therefore contributions to them are tax deductible as a…

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An Alternative to Guardianship of the Property for a Disabled Individual

by Joseph Mathis I have previously written about the importance of having a well drafted financial power of attorney (https://www.offitkurman.com/publication/power-of-attorney-why-it-could-be-your-most-important-estate-planning-document/).  To recap, “a power of attorney really becomes most important if an individual becomes incapacitated (either mentally or physically), to the point that he or she is no longer able to make financial decisions.  If…

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