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Category Archives: Business Law

Obtaining a Mechanics’ Lien in Maryland

By Tobin O’Connor & Ewing |

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,… Read More »

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Protecting Your Business’s Trade Secrets

By Tobin O’Connor & Ewing |

Trade secrets can be crucial assets to your company. When a trade secret has been misappropriated, a business can seek an injunction and monetary damages. Under Maryland Commercial Law, a trade secret is defined as information such as a formula, pattern, program, device, technique or process that “derives independent economic value, actual or potential,… Read More »

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Hallmarks of a Good Contract

By Tobin O’Connor & Ewing |

What constitutes a good deal is specific to your industry and the market conditions at the time. What constitutes a good contract, however, is universal. A good contract must balance clarity and flexibility — providing unambiguous solutions for common issues that arise and workable guidelines for contending with unanticipated problems. Boilerplate contracts simply do… Read More »

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Reasonable Accommodation Basics for the Disabled

By Tobin O’Connor & Ewing |

Reasonable accommodation is one of the most complicated concepts businesses must contend with under the Americans with Disabilities Act. Unfortunately, this complexity means that even well-meaning employers can find themselves facing substantial civil liability for misunderstanding the full scope and effect of this important provision. But the concept of reasonable accommodation also has limits… Read More »

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Tax Treatment of Foreign Workers

By Tobin O’Connor & Ewing |

While resident aliens working in the United States have tax obligations similar to those of citizens, employers and employees alike are often confused about their duties regarding non-resident temporary workers. But temporary workers do indeed have tax obligations in the United States — many of which are substantially more complicated than those of residents…. Read More »

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The Foreign Corrupt Practices Act and Your Business

By Tobin O’Connor & Ewing |

The Foreign Corrupt Practices Act (FCPA) makes it unlawful for companies and their representatives to make payments to foreign officials to assist in obtaining or retaining business — even when such payments (bribes) typify business practice in that country. Historically, the Department of Justice (DOJ) has prosecuted both the individual businessmen and the companies… Read More »

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Avoiding Business Litigation: Some Tips

By Tobin O’Connor & Ewing |

Business litigation rarely revolves around fundamental principles that deserve defending, no matter what the cost. Business owners, corporate officers, and managers should keep in mind — no matter how frustrating the behavior or offensive the claims that led to litigation — the company’s best interests will nearly always be better served by settling out… Read More »

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The PCAOB and You

By Tobin O’Connor & Ewing |

The Sarbanes-Oxley Act created the Public Company Accounting Oversight Board (PCAOB) in 2002 in response to the corporate scandals and numerous accounting restatements of the 1990s and early 2000s. These scandals cost investors and employees millions of dollars in lost value of stocks and retirement accounts. Sarbanes-Oxley requires the PCAOB to protect the interests… Read More »

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Why Should My Contracts Include an Arbitration or Mediation Clause?

By Tobin O’Connor & Ewing |

Managing litigation risk is an important issue for businesses of all types and sizes. In some cases, a single over-the-top judgment can push a vulnerable business into bankruptcy. Some legal risks do not permit advance planning and risk management, such as when an employee causes a serious motor vehicle accident or a visitor to… Read More »

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Common Business Disputes

By Tobin O’Connor & Ewing |

Business disputes are nearly impossible to avoid and even companies that have harmoniously done business together for years can unexpectedly find themselves embroiled in a conflict. If not handled properly, such disputes can ruin previously lucrative business relationships and cost both parties substantial time and money. When you do find yourself involved in a… Read More »

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