David C. Tobin
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Category Archives: Business Law

Special Issues When Taking on a Foreign Partner

Business has become increasingly cosmopolitan as the world seems to get smaller and smaller. Even small companies now often transcend national borders and draw both customers and investors from across the globe. Taking on foreign investors can often provide small and medium companies with a whole new world of opportunities and options for growth and… Read More »

Stakeholder Rights During a Freeze Out

Unfortunately, the exuberance and camaraderie that usually comes with the formation of a new business venture does not always last. Relationships between the owners may sour over time or the ownership composition of the company may change entirely. Either situation can ultimately pit owner against owner and even lead to one faction of shareholder attempting… Read More »

Shareholders’ Rights to Corporate Information

Shareholders in large corporations are typically passive investors who have little involvement with the actual management of the company. When it comes to smaller businesses, however, shareholders are much more likely to play an active role. Even shareholders who are not also board members or officers can still exercise considerable influence over a small company…. Read More »

What Employers Should Know About E-Verify

Hiring from the legal immigrant community allows employers access to an expanded pool of talent and can be a great boon to any business. However, it is not without risk. Employers bear the burden of ensuring that anyone they hire is legally authorized to work in the United States and can face significant civil and… Read More »

The Role of Internal Investigations in Corporate Governance

In order to function, corporations must be able to govern and oversee themselves. Unfortunately, when the issue under review is the board of directors’ or other high-ranking managers’ conduct, self-governance can become more challenging. Without taking proper steps to ensure the integrity of such an investigation, it can often appear to be mere lip service… Read More »

Derivative Litigation and Business Judgment

Corporate governance typically allows each shareholder to assert decision-making power proportional to his or her ownership stake in the company. However, under some circumstances a dissatisfied shareholder can cause significant problems for a company through a shareholder derivative suit. This is a process by which one or more shareholders initiate a lawsuit on behalf of… Read More »

Getting Work Authorization Without a Green Card

Even when a person has obtained legal status through a non-immigrant visa or other program, living in the United States for an extended period without work authorization can be nearly impossible. Fortunately, there are options that can allow certain immigrants to avoid this intolerable situation. In addition to the numerous types of temporary work visas… Read More »

What Is an S Corporation and Why Would You Want One?

S corporation is a bit of a misnomer — it is not actually a distinct type of business entity. Rather, it is a tax option available under the Internal Revenue Code for certain domestic business corporations validly organized under state law. Typically, it is an option for relatively small domestic corporations. What’s more, the S… Read More »

U.S. Supreme Court Rules that Severance Payments are Considered Wages

Quality Stores was in financial trouble in 2001 when it began offering its employees severance packages. The question presented in United States v. Quality Stores, Inc. was whether severance payments from employers to employees constitute “wages” under the Federal Insurance Contributions Act (FICA). FICA is a mandatory federal payroll tax imposed on employers and employees…. Read More »

When Business Partners Go Their Separate Ways

Some business partnerships — like marriages — do not last forever. How you manage the split can mean the difference between exiting as friends or losing money, clients, resources and assets. Protect your interests and investment to come out as whole as possible at the end of the process. Severing a business partnership  Business co-founders… Read More »

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