Financial Poise

Articles tagged: Business Law

The New York City Bar Versus The Litigation Funding Industry

The New York City Bar Versus the Litigation Funding Industry

Let’s Talk Litigation Funding A July 30, 2018, legal ethics opinion from the New York City Bar Association (“NYCBA”) raises concerns about a common structure used for funding of litigation. In particular, the NYCBA Professional Ethics Committee concludes: “Under Rule 5.4(a) [of the New York Rules of Professional Conduct], a lawyer may not enter into […]

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business valuation tax act of 2017

Business Valuation Tax Act of 2017: Comparability and Calculation

What is the Business Valuation Tax Act of 2017 Anyway? The Business Valuation Tax Act of 2017 (Tax Act) has introduced changes to the financial and regulatory landscape that specifically affect business valuation in the context of C-Corporations. This article provides a general overview of commonly used valuation methodologies and highlights a few key effects […]

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american federal legal system

Understanding the Language of the American Federal Legal System

Americans take great pride in saying that ours is a nation of laws, not people. But resting on this laurel is dangerous. Laws are written, enacted, interpreted, changed, and enforced (or not) by people. To safeguard our legal legacy, we need to have at least a basic understanding of the American federal legal system. Including, […]

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collecting personal information

The Legal Implications of Cybersecurity When Collecting Personal Information

Understand the Stakes of Collecting Personal Information Cybersecurity law has been called many things in recent years—evolving, complex, varied, cutting-edge, even hilarious. Ok, maybe not the last one. But I would offer another phrase that can serve as a key takeaway from this article. This phrase also highlights the importance of strong cybersecurity from a […]

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best advisor you can hire

Don’t Go It Alone: The Best Advisor You Can Hire Is Worth Every Penny

The Best Advisor You Can Hire Would Hire Herself, Too The best advisor you can hire will be a clever and a creative problem solver who interacts with you with total integrity, honesty, and ethical conduct. The worst? Someone’s goal of growing richer and richer at your expense- and that’s one of the better scenarios. […]

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It's All in the Details: The Importance of Rule 9 in Fraud Cases

It’s All in the Details: The Importance of Rule 9 in Fraud Cases

Federal Rule of Civil Procedure 9(b) works for (and against) everyone If you have not had the good fortune to litigate a fraud claim in federal court, you might not be aware of Federal Rule of Civil Procedure 9(b), which provides: In alleging fraud or mistake, a party must state with particularity the circumstances constituting […]

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company employee handbook

7 Must-Haves for your Company Employee Handbook- for their Benefit and Yours

Why Have a Company Employee Handbook? All employers, no matter the company size, should have a company employee handbook to communicate essential policies of the company to employees. First, it can serve as a legal defense against claims brought by an employee against the company or its managers. Second, and perhaps more importantly, an employee […]

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Trademark Disparagement and the Slants

Trademark Disparagement? The Slants, The Redskins and the Supreme Court

Acceptable Trademark Disparagement… or Disparagement at all? People try to trademark all types of names, brands and slogans. The U.S. government, however, acts as the gatekeeper applying trademark law to decide whether or not those names or brands are worthy of protection or if they constitute trademark disparagement. One of the most newsworthy parts of […]

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It's never RICO!

It’s Never RICO! What this Column Presupposes is, Maybe Sometimes it is

If you type the phrase “It’s never RICO” into Google, you’ll get a bunch of hits, including this clever and interesting discussion. The Google image search returns “House, M.D.” memes. I would beg you, dear reader, not to Google “RICO Trump”. It’s a rabbit hole where you will see all sorts of nonsense about alleged forthcoming sealed indictments […]

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civil litigation

Anatomy of a Trial

This CLE online webinar, Anatomy of Trial, introduces the different components and phases of civil litigation — including motion in limine and much more.

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