Sales

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Foreign LLCs Take Note: This Legislative Oversight May Affect You Too

Section 407 of the California Labor Code provides - Investments and the sale of stock or an interest in a business in connection with the securing of a position are illegal as against the public policy of the State and...more

Final Regulations Released Revising The Tax Treatment Of Sales-Based Royalties And Vendor Allowances

In December 2010, the IRS and Treasury proposed regulations that required the allocation of sales-based royalties and vendor allowances exclusively to property that has been sold (or for inventory property, deemed sold under...more

Distributor FAQ: As a distributor, can I use display booths to sell my company’s products? Is there a limit on the time I can...

As a distributor, can I use display booths to sell my company’s products? Is there a limit on the time I can spend selling at a booth? First, check the company policies, as they will be the guiding rule. Most companies...more

Distributor FAQ: In regards to event sales, such as fairs, kiosks, vending machines, etc., am I authorized to sell my company’s...

Most companies would prohibit sales in flea markets, swap meets, vending machines or garage sales. It is generally viewed that such locations dilute the value of the company’s products and opportunity. Companies typically...more

What Happens To A Covenant Not To Compete Upon The Sale Of A Business?

Be careful with covenants not to compete when you buy or sell a business. That's the lesson from Amerigas Propane, LP v. Coffey, 2014 NCBC 4, decided this week by Judge Jolly....more

Condominium Hotel Units: On the Benefits of Being a Security

The potential application of federal and state securities laws to the sale of condominiums when coupled with the opportunity to participate in a rental program (sometimes referred to as a "condohotel," "condominium hotel," or...more

"US M&A: Looking Back at 2013 and Forward to a Brighter 2014"

U.S. deal activity was the bright spot in an otherwise relatively muted global M&A market in 2013. Several large U.S. transactions were announced in the first two months of the year, and although deal volume for transactions...more

If a sales kit or startup fee is several hundred dollars then is that considered “frontloading?”

Frontloading generally refers to a process in which a MLM company, or a sponsoring consultant, encourages a new consultant to purchase far more than is commercially reasonable under the circumstances. Often the “push” is...more

Eleventh Circuit Affirms Employer's Directed Verdict Based On FLSA Outside Sales Exemption

The plaintiff in Reyes sought to bring an FLSA collective action against the defendant on behalf of himself and other similarly situated “sales brokers” that the defendant employed. The sales brokers were responsible for...more

FINRA Reiterates Its Concern about Unsuitable Sales of Non-Traditional ETFs

FINRA recently announced a disciplinary proceeding that underscores its continuing concerns about unsuitable retail sales of structured products. In a recently settled formal disciplinary proceeding, FINRA censured a...more

Don’t Let Your Super Sale Become A Violent Stampede

Earlier this week, the federal Occupational Safety and Health Administration issued the news release, “Crowd Management Measures Are Critical During Major Sales Events,” and sent a reminder to major retailers and retail...more

Not in My House: Mark Cuban Defeats the SEC's Insider Trading Charges

The high profile long-running saga between Mark Cuban -- entrepreneur, television personality, and billionaire owner of the Dallas Mavericks -- and the SEC has finally ended with Mr. Cuban emerging victorious. On October 16,...more

Agreements for Sale of Portions of Parcels may be Invalid

A recent decision by the California First District Court of Appeal serves as a useful reminder of the importance of properly documenting any agreement to sell a portion of a legal parcel....more

HSR Act Rules Expand For Pharmaceutical Licensing Agreements

Rules from the Federal Trade Commission include new requirements for reporting pharmaceutical patent transfers. On November 6, the Federal Trade Commission (FTC) released finalized amendments to the premerger...more

When Do Canada’s Prospectus Requirements Apply? - The Canadian Way – Your Guide to Canada’s Securities Laws: Volume 1, Number 8 –...

It’s no surprise that the prospectus requirements of Canada’s securities laws – that is, the need to use a Canadian prospectus or rely on a prospectus exemption – apply when a Canadian issuer sells securities to investors in...more

Representing Physicians: Life Cycle of a Physician-Practice & Physician Integration Options (Presentation)

In This Presentation: - General Considerations - Who is Your Client? - Who Can Employ a Physician? - Basic Issues in Employment Contracts - The Buy-In: Becoming an Owner in a Medical Practice -...more

How Salable Is Your Business?

For most entrepreneurs, their retirement plan is to sell the business and use the proceeds to fund their retirement life style. They don’t want to hear that their business isn’t salable. ...more

Democratic Senator wants more regulation of auto dealers

Democratic Senator Edward Markey wants the FTC to take a more active role in policing auto dealer sales practices. Because Dodd-Frank bars the CFPB from directly regulating auto dealers, the CFPB has targeted the fair lending...more

Changing Directions: Tips for Buying or Selling A Business

Businesses of all sizes change hands every year. Whether you intend to sell or are looking to buy, planning is key to your venture. Our law firm helps clients move through business changes including the sale or purchase of a...more

Proposed Regulations On Imported Built-In Losses Include Some Controversial Aspects

Proposed Regulations (REG-161948-05, 9/6/13) dealing with the importation of built-in loss properties under Sections 334(b)(1)(B) and Section 362(e)(1) are designed "to prevent erosion of the corporate tax base through the...more

National bank of Ukraine toughens requirements for mandatory sale of foreign currency proceeds

The recent amendments to Ukrainian banking legislation stipulating additional requirements for sale of proceeds by residents and non-residents in foreign currency have come into force....more

Selling Privately Held Businesses – Interview with Stephen Gulotta, Managing Member, Mintz Levin's New York Office [Video]

Attorney Stephen Gulotta, Managing Member of Mintz Levin's New York office, discusses the importance of advance planning in the sale of privately held companies. ...more

All Tied Up: Restrictive Covenants After Sale of a Business

Restrictive covenants attempt to tie up a business person who sells a business, in order to restrict that person from competing against the business they just sold. In an earlier post (Are Non-Competition Restrictions...more

Fannie Mae Announces Requirements For Foreclosure Sale Eliminations And Rescissions

On September 18, Fannie Mae issued Servicing Guide Announcement SVC-2013-19, which establishes requirements for eliminations and rescissions of foreclosure sales, effective immediately. The announcement states that when a...more

England and Wales Cricket Board success in combatting unauthorised re-sale of tickets

It has been reported that the England and Wales Cricket Board (ECB) has been successful in tackling the unauthorised re-sale of tickets for the Ashes test matches by relying upon the applicable ticket terms and conditions....more

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