In the News
Contract Disputes and Liquidated Damages Provisions – Be Careful – The Safeguard You Expect to Protect You Can Backfire!
Are you party to a commercial construction contract or … for that matter, any contract with a liquidated damages provision? If so, a recent court decision gathers attention in other courts and can lead you to unknown surprises – making you regret how you viewed the standard “liquidated damages provision.” Well, what are “liquidated damages anyway”? The purpose of a liquidated damages provision in a contract is to establish – ahead of time – the compensation that would be owed...
Risks to Avoid When Raising Investment Dollars
Raising dollars for your business venture? Be wary – the government has rules on almost every kind of business/enterprise fundraising. If you aren’t careful, your investors can sue to get their money back based upon your not following proper procedures. The easiest way to avoid burdensome securities regulation is to forego securities altogether and instead treat investments as loans; however, this is often unrealistic. Because the definition of “security” is so broad, your inve...
Short Term Rentals – Owner Beware and Owner “Be-Smart”
The short term rental (STR) industry has taken off in the past couple of years and has generally been resilient in the face of economic struggles. Government regulation of this ever-growing industry has generally focused on zoning and tax issues, without seeming to fully address situations related to liability. One of the biggest problems arising out of this area is how to treat the relationship between owner and renter, as how that relationship is treated directly determines any liability the ...
TELECOMMUTING EMPLOYEES AND THE TICKING TAX-BOMB DEVELOP A POLICY THAT MANDATES WHERE WORK IS TO BE CONDUCTED AND MANDATE THAT GOOD RECORDS BE KEPT (PART 1 OF 2 PARTS)
Note: This article focuses only on the employee – a subsequent article will focus on tax and liability issues imposed on the employer Background. Because the pandemic has forced many more workers to telecommute compared to what we have seen in the past, there could likely be significant tax implications that you may not be considering. Generally, a state and even a locality (city/county) expects employment taxes if work is done within the state where the employment generally occurs (...
IS REAL ESTATE STILL IN YOUR NAME? YOU ARE EXPOSED!
Owning property is a cornerstone of the American dream, but if it is deeded in your name, you might be opening yourself up to more risk than reward! Cost-cutting and risk avoidance are crucial to a company's success – especially small businesses. Here at Weiss LLP, we have found that transferring one's title to a property, owned in his or her sole name, into a limited liability company (LLC) offers such protection. Benefits to doing so range from avoiding payment of certain taxes otherwise ap...
COURT FIRES WARNING VOLLEY AT FINANCIAL SERVICES BUSINESSES THAT USE AFFILIATED TITLE COMPANIES IN REAL ESTATE SETTLEMENTS
The United States District Court in Maryland has recently ruled that a lender who uses an internal title company for its real estate settlements is on the hook for the title company’s alleged violations of the Sherman Antitrust Act. This ruling could spell bad news for financial services businesses that use owned or affiliated subsidiaries in their real estate settlements, as it indicates that courts may be willing to look bey...
Virginia Legislature Enacts Law to Protect Consumer Privacy: Big Consequences for Business Owners
Does your business deal with a consumer’s personal data? Does your business interact with Virginia residents? If so, your business operations could be greatly affected by a new law aimed at protecting consumer privacy. Set to take effect January 1, 2023, the Virginia Consumer Data Protection Act (“VCDPA”) will grant Virginia residents the rights to access, correct, delete, know, and opt-out of the sale and processing for targeted advertising purposes of their personal information. It will...
Website Compliance Under the Americans With Disabilities Act (ADA)
Recently, there have been a plethora of “professional plaintiffs” filing lawsuits against clients under the ADA based upon “website compliance;” this is a follow-up by the same professional plaintiffs who filed dozens of ADA lawsuits last winter against some of our clients. The purpose of this article is to advise you to ensure that you ask your web designer if your website is compliant with the ADA. Note: This article does not reflect compliance standards under local laws. For example,...
Secure Act 2.0: Changes To Retirement Plans Are Coming Your Way
If you are a business owner or an employee, your retirement plans may have changed following Congress’s bipartisan $1.7 trillion spending bill, Secure Act 2.0. Inside the bill, which is headed to the President for signing, are provisions directed toward increasing retirement savings and access to 401(k) and other individual retirement accounts for low- and middle-income workers. Some of the key retirement provisions of the legislation include: Starting in 2025, many businesses must enr...
IS YOUR INVESTMENT IN BANKRUPTCY? WHAT IS CLAWBACK AND SHOULD YOU BE CONCERNED? DON’T THROW IN THE TOWEL IF CLAIMS ARE MADE FOR CLAWBACK
Giving Back What You Got? Federal bankruptcy and state insolvency laws permit a bankrupt or insolvent company to “claw back” or recover payments made to investors and third parties. Most understand bankruptcy laws – but beware that all states have some kind of “insolvency laws” which is similar to bankruptcy laws but only applicable to a particular state’s proceedings. Both procedures claw back money and assets in these cases for a variety of reasons. Most important is that, i...