David C. Tobin
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Tag Archives: Business Law

Tread Carefully with Director Conflicts

Corporate directors have a fiduciary duty to exercise their directorial powers in the best interests of the corporation rather than in pursuit of their own advantage. However, business deals are rarely a zero sum game. Situations frequently arise where a corporation’s decision to do business with a director in his or her personal capacity —… Read More »

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 »

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 »

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 »

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 »

Tips for Selling a Small Business

Strategic planning is crucial to selling your business. An important step is drafting an accurate sales agreement that contains all relevant terms. The sales agreement should be developed with an attorney and should specify, among numerous other issues, everything a buyer intends to purchase. The U.S. Small Business Administration provides the following comprehensive and helpful… Read More »

Obtaining a Mechanics’ Lien in Maryland

In most states, a person who has improved real property can obtain a mechanics’ lien from the court on the improved property if he or she is not paid. Courts tend to construe mechanics’ liens broadly to provide subcontractors with a remedy when they have already delivered materials or supplied the labor. In Maryland, an… Read More »

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