Kenneth Luer

Kenneth Luer

Ervin Cohen & Jessup LLP

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Latest Publications


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

5/13/2016 - Buy-Sell Agreements Divorce Fair Valuation Marital Assets Operating Agreements Shareholders' Agreements

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

7/7/2015 - Closely Held Businesses Divorce Family Businesses Marital Assets Small Business

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

3/26/2015 - Divorce Marital Assets Selling a Business

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

1/21/2015 - Buyouts Closely Held Businesses Divorce Equity Financing Equity Investors Family Businesses Financing Investors Purchase Agreement Spouses Stock Purchase Agreement Surviving Spouse

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

12/11/2014 - Divorce Family Businesses Marital Assets

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

10/28/2014 - Divorce Family Businesses Marital Assets

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

7/15/2014 - Buy-Out Agreements Buy-Sell Agreements Closely Held Businesses Community Property Divorce Partnerships

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

1/8/2013 - COPPA FTC Notice Requirements Online Privacy Protection Act Parental Consent Personally Identifiable Information Privacy Policy Verification Requirements

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

11/13/2012 - Data Collection Kamala Harris Mobile Apps Online Privacy Protection Act Personally Identifiable Information Privacy Policy

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

11/6/2012 - Compete Inc. Data Collection Disclosure Requirements FTC Informed Consent Internet Personally Identifiable Information Unfair or Deceptive Trade Practices Web Tracking

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

10/16/2012 - COPPA Data Collection Data Protection FTC Parental Consent Privacy Policy

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

9/4/2012 - Joint Venture LLC

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