Yearly Archives: 2012

To see articles written by our attorneys on a range of topics, just use the links to the right.
Corporate Compliance – Is Your Business Ready for 2013?

The New Year is typically a time of reflection and planning for individuals. It is also a great time for your business to catch its breath and do the same thing. Many companies use the beginning of a new year to audit legal issues and consider such items as: Are we in compliance with all…READ MORE

Author:

Lawyer-to-Lawyer: Beware of the Limited Liability Defaults

Effective October 1, 2012, amendments to the Maryland Limited Liability Act require that attorneys review and evaluate the impact of the LLC Act’s default rules on their clients. If the following topics are not addressed in the Operating Agreement then the LLC will require unanimous consent of its Members to take any of the following…READ MORE

Author:

Same-Sex Marriage in Maryland

The vote is in: 2013 will bring same-sex marriage to Maryland. This is a time for celebration, and we look forward to sharing your joy. We know that many of our clients have been waiting to get married until they could do it legally in Maryland. The new law will have many positive implications, especially…READ MORE

Author:

Monthly Tax Tip: D.C. “Use” Tax and Hot Audit Topics

New D.C. Use Tax The District of Columbia is now attempting to make certain that every sale of goods is subject to tax in D.C., if not paid elsewhere. The “use tax” will now be enforced for D.C. businesses on purchases that are not otherwise subject to sales tax. All items purchased by a business…READ MORE

Author:

Copyrights In Your Business

Most businesses do not realize that they use copyrighted work every day. Whether the business or someone else owns the copyright, these rights are common in the business place. If your employee designs marketing materials then your company owns the copyright to those materials. If those marketing materials contain a photograph from the internet, someone…READ MORE

Author:

Monthly Tax Tip: More Tax Planning Considerations

2012 will be coming to an end before you know it, along with the expiration of numerous tax savings provisions. It is important to review the current benefits under the tax code to maximize your savings. This Tax Tip provides guidance on what to expect in 2013 and what you might do about it in…READ MORE

Author:

Who Owns the Premises When Determining Liability?

Can a mere real estate investor be liable for hazardous conditions in properties owned by others? That is not as clear as one might hope. A recent Maryland case sought to determine who the “owner” of an apartment was for purposes of assessing liability for an occupant’s exposure to lead paint. Many different parties were…READ MORE

Author:

Business-Owner Beware: Adverse Provisions in Commercial Leases

A lease for the office building in which your business operates is essential. Unfortunately, these documents also tend to be very long and complex. The average commercial lease is 30 pages long, and filled with fine print which the typical business owner is not equipped to understand, much less negotiate. Unlike a landlord who drafts…READ MORE

Author:

Trade Name or Trademark?

Business owners and attorneys, alike, often confuse trade names with trademarks. Sometimes, they can be the same name but their legal significance is quite different. Trade Name Many businesses have a legal name but do not carry out business or hold themselves out to the public with that name. Instead, these businesses use their trade…READ MORE

Author:

But the Employment Manual was on the Internet!

So often, we hear this from our clients who use employment manuals drafted by attorneys or human resource managers, which were posted on the internet. Unfortunately, more often than not, the manual does not comply with the appropriate laws and is not narrowly tailored to meet the needs of the employer’s unique business. This could…READ MORE

Author:

Monthly Tax Tip: 2012 Tax Planning Considerations

With 2012 nearly half over, now is a perfect time to start tax planning for 2013. At the end of 2012, two very important acts from the “Bush-era” tax cuts expire: the Economic Growth Tax Relief Reconciliation Act of 2001 (“EGTRRA”) and the Jobs and Growth Tax Relief Reconciliation Act of 2003 (“JGTRRA”). It is…READ MORE

Author:

Beware of the Form Contract (Part One): Business-to-Business Terms and Conditions

In an effort to promote commercial success, most businesses rely upon contracts, generally written by attorneys, which contain the business’ “standard terms.” Proprietors are often told that these contracts are not negotiable, and they frequently sign such agreements regardless of the incredibly burdensome provisions. However, most of these provisions can be mitigated, if not completely…READ MORE

Author:

Maryland Benefit Companies: For-Profit and For-Public Benefits

Do your shareholders want to protect the environment, improve human health, or promote the arts? AND make a profit? In the past, the laws and custom of the United States only supported one or the other. Businesses are either devoted to making money for their shareholders or helping the community. Recently, this has begun to…READ MORE

Author:

Trademark Issues for Small Business: How to Protect Your Trademark

You own “Awesome Bagels” the best bagel place in the Washington Metro area. You have four locations in Gaithersburg, Chevy Chase, Silver Spring and Columbia Heights. Your stores have been reviewed by numerous magazines and newspapers as the “Best Breakfast Place,” “A Local Gem,” and “A Must Try.” Everyone talks about those “Awesome Bagels.” After…READ MORE

Author:

What is a Hot Issue in Employment Law? Misclassification of Employees as Independent Contractors

Background We advised our readers a few months back about the IRS’s new Voluntary Classification Settlement Program (VCSP). The VCSP offers employers that have misclassified their employees as independent contractors the opportunity to remedy their misclassifications and comply with the appropriate employment laws prospectively. The program began in September 2011 and, to date, a termination…READ MORE

Author: