When conducting mergers and acquisitions, companies should be aware of the many rights and responsibilities that accompany these processes. This is particularly important when it comes to tax liabilities. Although many people use the terms “mergers” and “acquisitions” interchangeably, the two terms have different meanings. A merger occurs when two or more companies combine to…

When a corporation needs to raise a large amount of capital, an initial public offering can be a wise course of action.  To conduct an initial public offering, a corporation’s shares are made available for purchase to the general public. Doing so provides the company with a substantial influx of cash and the opportunity to…

An accredited investor is an individual or a financial entity that has been recognized by the Securities and Exchange Commission as being sophisticated enough to handle large investments.  Under Regulation D, investors who are financially sophisticated may have a reduced need for the protection provided by certain government filings.  Rule 501 of Regulation D clearly…

Same sex couples often encounter unique estate planning issues, as their unions are not recognized in most states, and are, therefore, not legally protected. There are, however, estate planning options open to same sex couples that can provide them with the security they need.

A Finder by any other name would smell…like a Finder.  With all due respect to William Shakespeare, the SEC, in a recent no action letter, once again confirmed its longstanding position that regardless of how you dress it up, a “finder” receiving fee-based compensation for introducing investors would be required to register as a broker-dealer.…

When deciding whether to use employees or independent contractors, companies often consider cost as a deciding factor. Choosing to use independent contractors over employees appears to be a good choice, as it can decrease certain expenses, such as workers’ compensation insurance, payroll taxes, overtime pay, and minimum wage obligations. While this may be a viable…

Newly signed legislation has significantly altered the process for evaluating public school classroom teachers and building principals by including consideration of student test scores. The procedure for evaluating incompetence cases has also been changed, partially with the intention of expediting the process. A single arbitrator (rather than three) will now be required for cases “based…

Companies that combine, sell, and buy businesses use two different strategies to achieve their goals: mergers and acquisitions. While many mergers and acquisitions are harmonious, sometimes companies experience hostile takeovers, defined as those that occur without the consent of the target company. That is, an acquirer takes control of the company by purchasing its shares…

School Districts Must Pay for Private School Aides June, 2010 – A recent New York court decision has found that school districts must pay for one-on-one classroom assistance prescribed in a child’s Individualized Education Plan (IEP) even if the service is delivered in a private school setting. The case involved a student with attention deficit…

When a couple is divorcing, it is important that they do not forget their commitments to their child with special needs. Most importantly, any child support for the child with special needs should be allocated under the separation agreement to a Special Needs Trust. This will ensure that these assets will not affect the child’s…