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Dividing the Assets: Different Types of Businesses

This is the latest in my series of articles examining how the marital interest of one spouse in the ownership of a business enterprise can be monetized in the division of assets in a divorce. Prior articles have largely...more

Buy-Sell Agreements in a Divorce (Part 2)

My last article discussed a typical provision found in shareholders agreements (for corporations) or operating agreements (for limited liability companies) giving the other owners a right to step in and buy any shares or...more

Buy-Sell Agreements in a Divorce (Part 1)

My prior articles have discussed how to monetize one spouse’s equity interest in a privately held company that has no other owners. However, many businesses are started by two or three partners contributing their ideas,...more

Selling the Business to Divide the Assets, Part 2

This is Part 2 of my discussion of a third alternative for answering the question: When a closely-held business is a valuable marital asset, how can its value be turned into cash? Part 1 discussed the main pros and cons of...more

Selling the Business to Divide the Assets, Part 1

This is the latest in my series discussing a recurring question: When a closely-held business is a valuable marital asset, how can its value be turned into cash? I’ve previously touched on two alternatives by which the spouse...more

Financing the Business Buyout – Part II (Investors)

Last month, Part I on this topic discussed the problem facing a Remaining Spouse when the Departing Spouse rejects a buyout offer of a modest down payment and a long installment note: How to raise sufficient cash to avoid a...more

Financing the Business Buyout – Part I (Lenders)

My first article in this series addressed this question: When the closely-held business is a substantial marital asset, what are the three main choices for turning the Departing Spouse’s interest into cash payments? My next...more

Is Interest Paid in a Divorce Buyout Deductible?

In my last article, I discussed this topic: If the divorce-related buyout of the Departing Spouse’s interest in a company will be paid in installments, what terms should the Departing Spouse request (and the Remaining Spouse...more

11/17/2014  /  Buyouts , Divorce , Interest Payments

Installment Terms for the Business Buyout in a Divorce

For many divorcing couples, a closely-held business is the most valuable marital asset. In most cases, it is likely that only one spouse will remain with the business, raising this key issue: How can the interest of the...more

But What About The Company?

For many married couples in California and other community property states, a closely-held business is the most valuable community asset. And whether or not they’re in a community property state, both spouses may be active...more

Use It or Lose It — Trademark Abandonment

The central foundation of U.S. trademark law is that a trademark is created by use of a particular name and/or design in commerce, so that the mark comes to represent, in the eyes of the target customers, your particular...more

3/20/2013  /  Abandonment , Brand , Trademarks

FTC Issues its Revised COPPA Rule

The Federal Trade Commission (“FTC”) has announced its amended Children’s Online Privacy Protection Act (“COPPA”) Rule, which becomes effective July 1, 2013....more

Money (That’s What You Want)

You’ve begun developing a concept for a series of new applications for mobile devices. Or a new way of engineering a manufacturing process. Or a biotech innovation. You’ve even formed a company (let’s call it “Newco”) to...more

11/27/2012  /  Funding , Startups

California AG to Mobile App Developers: Post a Valid Privacy Policy

California Attorney General Kamala D. Harris has begun formally notifying scores of mobile application developers and companies that they do not comply with California privacy law. These notices give these businesses 30 days...more

Web-tracking Software Company Settles FTC Charges on Personal Data

A web analytics company, Compete Inc., has agreed to settle Federal Trade Commission (FTC) charges that it violated federal law by using its web-tracking software to collect consumers’ personal data without sufficient...more

Celebrity Fan Website Pays $1 Million to Settle FTC’s COPPA Charges

The operator of fan websites for music stars, like Justin Bieber and Selena Gomez, aimed at the “tweeners” audience has settled with the FTC over charges that it violated the Children’s Online Privacy Protection Act (COPPA)...more

To Patent, or Not to Patent?

Let’s say you (or your company) have developed some technology with significant commercial value. To protect your exclusive ownership of this technology, your first impulse may be to file a patent application. However,...more

10/9/2012  /  Patents , Technology , Trade Secrets

How Joint is Your Venture?

For many businesses with a particular core technology, one path to a wider market and increased revenues can be to “joint venture” with another company which has a complementary technology or other core strength. This can...more

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