• SBA Proposes Reducing Requirements to Exhaust Other Resources Before Obtaining SBA Loans

    The U.S. Small Business Association (SBA) has proposed to revise its lending rules for loan programs. The goal of these regulation changes is to expand the accessibility of SBA loan programs and to increase the number of businesses taking advantage of government-guaranteed loans by giving borrowers greater access to capital. The proposed changes are an attempt by both Congress and the administration to expand the SBA’s reach by making more existing businesses eligible for the agency’s programs, to streamline the loan application process and to strengthen the oversight of the agency. The proposed changes will affect 7(a) and 504 loans, two of the SBA’s most popular loan programs. The 7(a) loan program helps startup ...

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    Sunday, March 10th, 2013

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  • Negotiating Strategies for Buying a Home (Part 2)

    Negotiating Strategies for Buying a Home (Part 1) was published last month. It covered tips for buying, strategies and negotiating. Real Life Example THE MARKET: A seller’s market WHO: Hannah, a first-time homebuyer who had been going to open houses for months. THE HOUSE: One day she drove down a side street and spotted a for sale sign on a house that wasn’t advertised in that Sunday’s paper. She knew the instant she walked in the door that she wanted the house. THE AGENT: Hannah was not working with an agent. She sat down with the seller’s agent and drew up a full price offer ...

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    Saturday, March 09th, 2013

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  • February 2013 Legal Brief – Firm Newsletter

     

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    Thursday, February 28th, 2013

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  • Fight Over Chocolate Kisses Trademark

    As demonstrated by a recent lawsuit filed by a carpet manufacturer against chocolate-giant Hershey, one has to ask how far large companies are going to go in attempt to stretch their trademark rights. What these companies want is a monopoly over their marks in every good and service. However, trademark rights are limited in scope. The goods and services listed on a trademark registration establish the scope of the applicant’s rights in the relevant mark. This, however, does not prevent large companies from testing the boundaries. In the lawsuit, Shaw Industries Group Inc., a carpet manufacturer owned by Berkshire Hathaway Inc., is ...

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    Monday, February 18th, 2013

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  • Estate Planning: Do “DIY” Wills Work?

    In today’s world of electronics and the Internet, people are turning to their computer for answers to even the most complex questions. Estate planning websites are all over the place. They all claim to help you prepare a valid will at an extremely low price. Personally, I’m a big believer in “you get what you pay for.” Is it worth it to save a few hundred dollars and risk putting your entire estate at risk? Online legal document services offer an enticing bargain. Most people realize that they need an estate plan to manage their affairs if something happens to ...

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    Monday, February 18th, 2013

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  • Split Decision – Nonpayment Proceedings Against Month-to-Month Tenants

    In 1400 Broadway Associates v. Henry Lee and Co. of NY, Inc.,1 the parties’ commercial lease expired January 31, 1990 and the tenant, who did not realize the lease had expired, continued to make monthly rent payments, in the amount set forth in the expired lease, for six months. The tenant learned that the lease had expired during negotiations for a new lease and during the negotiations continued to pay rent through October 1992. Tenant then stopped making monthly rent payments and landlord commenced a nonpayment proceeding. Tenant moved for summary judgment to dismiss the complaint for failure to state ...

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    Sunday, February 10th, 2013

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  • Negotiating Strategies for Buying a Home (Part 1)

      Negotiation strategy is different from negotiation style. From pit bull to diplomat, each of us has a personal style. But the strategy for negotiating the purchase of a home is based on facts: the real estate market at the moment and what we know about the seller’s needs and the property. Market knowledge courses through the veins of experienced real estate agents, which is one good reason to use one. Another is that agents are experienced negotiators who speak the same lingo. That means your agent probably will find out more about the seller’s situation than you will working on your ...

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    Saturday, February 09th, 2013

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  • January 2013 Legal Brief – Firm Newsletter

     

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    Wednesday, January 30th, 2013

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  • Covenant Not to Sue Forestalls Trademark Invalidity Claim

    On January 9, 2013, the U.S. Supreme Court in Already, LLC v. Nike, Inc. unanimously ruled that Already could not dispute the validity of one of Nike’s trademarks after Nike agreed not to sue the company for infringement. Nike sued Already, a designer and marketer of athletic footwear, for trademark infringement and Already counterclaimed to declare the trademark invalid. Eight months after filing suit, Nike provided Already with a covenant not to sue, and subsequently moved to dismiss all claims. In the covenant not to sue, Nike agreed to “unconditionally and irrevocably” refrain from making any claims or demands against Already, ...

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    Monday, January 21st, 2013

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  • Looking Over the Cliff

    Well, happy new year to all. At the 11th hour Congress decided not to let us fall off the Fiscal Cliff by passing the American Taxpayer Relief Act of 2012. But what does that mean in the world of estate planning? There are a number of things that happened (or didn’t happen). So let’s go through each one. First, the federal exemption for gift and estate taxes was fixed permanently at $5 Million indexed by inflation, instead of reverting back to $1 Million. As of January 2013, that amount became $5.25 Million. This means that you can transfer the first $5.25 Million ...

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    Monday, January 21st, 2013

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Fred Eisenbud